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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, PILEGGI, RAFFERTY, WARD, PIPPY, BOSCOLA, ERICKSON, BROWNE, D. WHITE, VOGEL, FONTANA, EARLL, MENSCH AND FERLO, FEBRUARY 14, 2011 |
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| REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Requiring reports by certain recipients of public funds for |
2 | economic development; and providing for powers and duties of |
3 | the Department of Community and Economic Development. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Economic |
8 | Development Accountability Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Department." The Department of Community and Economic |
14 | Development of the Commonwealth. |
15 | "Development subsidy." An expenditure of public funds with a |
16 | value of at least $25,000 for the purpose of stimulating |
17 | economic development within this Commonwealth, including, but |
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1 | not limited to, a bond, grant, loan, loan guarantee, tax |
2 | increment financing, fee waiver, land price subsidy and matching |
3 | fund. |
4 | "Full-time job." A job in which an individual is employed by |
5 | a recipient corporation for at least 35 hours per week. |
6 | "Part-time job." A job in which an individual is employed by |
7 | a recipient corporation for fewer than 35 hours per week. |
8 | "Project site." The site of a project for which a |
9 | development subsidy is provided. |
10 | "Recipient." A person, association, corporation, joint |
11 | venture, partnership or other business entity that receives a |
12 | development subsidy through the Department of Community and |
13 | Economic Development. |
14 | "Temporary job." A job in which an individual is hired for a |
15 | season or for a limited period of time. |
16 | Section 3. Annual economic development reporting. |
17 | (a) Report required.--The department shall require any |
18 | person who is the recipient of a development subsidy to submit |
19 | an annual report beginning 12 months after the subsidy is |
20 | granted and every year thereafter, so long as the recipient is |
21 | receiving the subsidy or until all requirements of accepting the |
22 | subsidy are satisfied. |
23 | (b) Content of report.--The report shall include: |
24 | (1) The amount of development subsidy received in the |
25 | previous year. |
26 | (2) The total amount of development subsidies that have |
27 | been received by the recipient and the program under which |
28 | the subsidy was granted. |
29 | (3) Information relating to whether or not the |
30 | requirements of accepting the development subsidy are being |
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1 | satisfied, including any provisions requiring or relating to |
2 | participation of women and minorities. |
3 | (4) Number of employees of the recipient, including an |
4 | increase or reduction in the number of employees over the |
5 | previous year, broken down by full-time, part-time and |
6 | temporary jobs. |
7 | (5) Whether the recipient is delinquent in the payment |
8 | of any State, county or local taxes, the type of tax and the |
9 | taxing authority to which the tax is owed. |
10 | (c) Forms.--The department shall develop the necessary forms |
11 | for recipients to fulfill the requirements of this act and may |
12 | require additional information necessary to meet the |
13 | requirements of this act. |
14 | Section 4. Requirements of department. |
15 | (a) Project site visit.--The department shall conduct an |
16 | annual project site visit for each recipient who receives a |
17 | development subsidy of more than $250,000 during a year. During |
18 | the visit the department shall have access to all necessary |
19 | information to determine compliance with the requirements of the |
20 | development subsidy that was granted to the recipient. |
21 | (b) Standards of economic development subsidies.--Every five |
22 | years the department shall review the economic development |
23 | benchmarks and performance measures of each development subsidy |
24 | program overseen by the department and whether or not the goals |
25 | of the development subsidies are being met. These benchmarks and |
26 | performance measures shall be published on the department's |
27 | Internet website. |
28 | (c) Annual report on development subsidies.--Not later than |
29 | three months after the end of the Commonwealth's fiscal year, |
30 | the department shall prepare and submit to the General Assembly |
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1 | a development subsidy report for the previous year. The report |
2 | shall present all types of expenditures for economic development |
3 | during the prior fiscal year, including, but not limited to: |
4 | (1) For development subsidies greater than $5,000, the |
5 | amount of each development subsidy program overseen by the |
6 | department. |
7 | (2) A breakdown by program of the name of each recipient |
8 | who received a development subsidy and the amount of the |
9 | subsidy. |
10 | (3) A detailed review on whether the requirements for |
11 | the development subsidy program have been met by each |
12 | recipient, which review shall include checking with other |
13 | appropriate agencies of the Commonwealth to verify job |
14 | retention, creation and loss. |
15 | (4) In cases where requirements of a development subsidy |
16 | have not been fulfilled by a recipient, the action the |
17 | department has taken against the recipient, including, but |
18 | not limited to: |
19 | (i) Whether the department issued or waived a |
20 | penalty. |
21 | (ii) Whether the department revoked the development |
22 | subsidy. |
23 | (iii) How much of the development subsidy was |
24 | returned by the recipient. |
25 | (d) Development subsidy under $5,000.--Any development |
26 | subsidy of $5,000 or less shall not be itemized under subsection |
27 | (c). |
28 | Section 5. Effective date. |
29 | This act shall take effect in 90 days. |
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