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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY McCALL, ADOLPH, BAKER, BARRAR, BELFANTI, BISHOP, BOYLE, BRENNAN, BRIGGS, BROOKS, BROWN, BUXTON, CALTAGIRONE, CARROLL, CASORIO, CAUSER, CLYMER, D. COSTA, CREIGHTON, CUTLER, DALEY, DAY, DEASY, DeLUCA, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FARRY, FLECK, FRANKEL, GABLER, GEIST, GEORGE, GIBBONS, GINGRICH, GODSHALL, GOODMAN, GRELL, HARHAI, HARHART, HARKINS, HARPER, HARRIS, HELM, HORNAMAN, HOUGHTON, JOHNSON, KAUFFMAN, W. KELLER, KIRKLAND, KNOWLES, KOTIK, KULA, LENTZ, LEVDANSKY, LONGIETTI, MAJOR, MANN, MARKOSEK, MARSHALL, MARSICO, MATZIE, McGEEHAN, MICOZZIE, MILLER, MILNE, MURPHY, MURT, MUSTIO, OBERLANDER, M. O'BRIEN, O'NEILL, PASHINSKI, PAYTON, PHILLIPS, PICKETT, PRESTON, PYLE, QUIGLEY, RAPP, READSHAW, REESE, REICHLEY, ROHRER, ROSS, SABATINA, SAINATO, SANTARSIERO, SANTONI, SAYLOR, SCAVELLO, SEIP, SIPTROTH, M. SMITH, SOLOBAY, SONNEY, STABACK, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, R. TAYLOR, THOMAS, TRUE, WAGNER, WATSON, WHEATLEY AND YOUNGBLOOD, MAY 11, 2010 |
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| REFERRED TO COMMITTEE ON FINANCE, MAY 11, 2010 |
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| AN ACT |
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1 | Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An |
2 | act elating to tax reform and State taxation by codifying and |
3 | enumerating certain subjects of taxation and imposing taxes |
4 | thereon; providing procedures for the payment, collection, |
5 | administration and enforcement thereof; providing for tax |
6 | credits in certain cases; conferring powers and imposing |
7 | duties upon the Department of Revenue, certain employers, |
8 | fiduciaries, individuals, persons, corporations and other |
9 | entities; prescribing crimes, offenses and penalties," |
10 | further providing for reduction of tax credits. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 2902-E of the act of March 4, 1971 |
14 | (P.L.6, No.2), known as the Tax Reform Code of 1971, added |
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1 | October 9, 2009 (P.L.451, No.48), is amended to read: |
2 | Section 2902-E. Reduction. |
3 | (a) Article XVII-D.--For the tax credit established under |
4 | Article XVII-D, the amount available to be awarded pursuant to |
5 | section 1707-D(a) shall be reduced from $75,000,000 per fiscal |
6 | year to $42,000,000 in fiscal year 2009-2010 and to $60,000,000 |
7 | in fiscal year 2010-2011. |
8 | (b) Article XVII-F.--For the tax credit established under |
9 | Article XVII-F, the amount available to be awarded pursuant to |
10 | section 1706-F(a) shall be reduced from $75,000,000 per fiscal |
11 | year to $60,000,000 in fiscal year 2009-2010 [and to $50,000,000 |
12 | in fiscal year 2010-2011]. The amount available to be awarded |
13 | under section 1706-F(a)(1) in fiscal year 2009-2010 and (2) |
14 | shall be as follows: |
15 | (1) The total aggregate amount of all tax credits |
16 | approved shall not exceed $53,600,000 in fiscal year |
17 | 2009-2010. No less than $37,967,000 of the total aggregate |
18 | amount shall be used to provide tax credits from |
19 | contributions from business firms to scholarship |
20 | organizations. No less than $15,633,000 of the total |
21 | aggregate amount shall be used to provide tax credits for |
22 | contributions from business firms to educational improvement |
23 | organizations. |
24 | (2) The total aggregate amount of all tax credits |
25 | approved for contributions from business firms to pre- |
26 | kindergarten scholarship programs shall not exceed $6,400,000 |
27 | in fiscal year 2009-2010. |
28 | [(3) The total aggregate amount of all tax credits |
29 | approved shall not exceed $44,670,000 in fiscal year |
30 | 2010-2011. No less than $33,502,000 of the total aggregate |
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1 | amount shall be used to provide tax credits for contributions |
2 | from business firms to scholarship organizations. No less |
3 | than $11,168,000 of the total aggregate amount shall be used |
4 | to provide tax credits for contributions from business firms |
5 | to educational improvement organizations. |
6 | (4) The total aggregate amount of all tax credits |
7 | approved for contributions from business firms to pre- |
8 | kindergarten scholarship programs shall not exceed $5,330,000 |
9 | in fiscal year 2010-2011.] |
10 | Notwithstanding section 1704-F(c), in fiscal year 2009-2010, if |
11 | valid applications for tax credits received by the Department of |
12 | Community and Economic Development before October 1, 2009, |
13 | exceed the limitation under this section, tax credits shall be |
14 | made available on a pro-rata basis to all valid applications |
15 | received before October 1, 2009. |
16 | (c) Article XVII-B.--For the tax credit established under |
17 | Article XVII-B, the amounts available to be awarded pursuant to |
18 | section 1709-B(a) shall be equal to 50% of the maximum amounts |
19 | otherwise available for award in fiscal year 2009-2010 and 45% |
20 | of the maximum amounts otherwise available for award in fiscal |
21 | year 2010-2011. |
22 | (d) Certain other credits.--For the tax credits established |
23 | under section 206(b) and Articles XVII-A, XVII-E, XVIII-B and |
24 | XIX-A and under Chapter 5 Subchapter B and Chapter 9 of the act |
25 | of December 1, 2004 (P.L.1750, No.226), known as the First Class |
26 | Cities Economic Development District Act, the amounts available |
27 | for award to each eligible taxpayer shall be determined such |
28 | that the total amount available for award shall be 50% of the |
29 | amounts otherwise available for award in total pursuant to the |
30 | applicable sections or articles in fiscal year 2009-2010, and |
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1 | 45% of the amounts otherwise available for award in total |
2 | pursuant to all applicable sections or articles in fiscal year |
3 | 2010-2011. |
4 | (e) Hiatus.--Notwithstanding any other provision of law, a |
5 | taxpayer is not entitled to a tax credit under Chapter 7 of the |
6 | act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the |
7 | Alternative Energy Investment Act. |
8 | Section 2. This act shall take effect immediately. |
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