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                                                      PRINTER'S NO. 1454

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1188 Session of 1997


        INTRODUCED BY PUNT, HELFRICK, SALVATORE, WENGER, MOWERY,
           TARTAGLIONE, TOMLINSON, WOZNIAK, GERLACH, WHITE, ARMSTRONG,
           DELP, COSTA, RHOADES, BRIGHTBILL, HART, SLOCUM AND THOMPSON,
           NOVEMBER 6, 1997

        REFERRED TO COMMUNITY AND ECONOMIC DEVELOPMENT, NOVEMBER 6, 1997


                                     AN ACT

     1  Amending the act of June 29, 1996 (P.L.434, No.67), entitled "An
     2     act to enhance job creation and economic development by
     3     providing for an annual financing strategy, for opportunity
     4     grants, for job creation tax credits, for small business
     5     assistance and for the Small Business Advocacy Council;
     6     conferring powers and duties on various administrative
     7     agencies and authorities; further providing for various
     8     funds; and making repeals," further providing for
     9     prohibitions on job creation tax credits.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 905 of the act of June 29, 1996 (P.L.434,
    13  No.67), known as the Job Enhancement Act, is amended to read:
    14  Section 905.  Prohibitions.
    15     (a)  Prohibitions.--The following actions with regard to job
    16  creation tax credits are prohibited:
    17         (1)  Approval of jobs that have been created prior to the
    18     start date.
    19         (2)  Approval for a company which is relocating
    20     operations from one municipality in this Commonwealth to

     1     another unless special circumstances exist and the
     2     municipality that is losing the existing jobs has an
     3     opportunity to submit comments prior to action by the
     4     department. If the department approves the tax credits, the
     5     company must commit to preserving the existing employees, and
     6     the credit shall apply only to the new jobs.
     7         (3)  The assignment, transfer or use of credits by any
     8     other company.
     9     (b)  Allocations.--Twenty-five percent of all tax credits
    10  approved in any fiscal year shall be available to companies with
    11  fewer than [26] 100 employees. Any portion of this allocation
    12  not committed by April 30 of each year shall be available to any
    13  business which meets the remaining program criteria.
    14     Section 2.  This act shall take effect in 60 days.











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