Bill Text: IL HB5081 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Creates the Investing in Tomorrow's Workforce Act. Creates an income tax credit for a taxpayer that makes a qualified contribution to a scholarship granting organization for which the taxpayer has received a certificate of receipt from the organization. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5081 Detail]
Download: Illinois-2023-HB5081-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Investing in Tomorrow's Workforce Act.
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6 | Section 5. Definitions. As used in this Act: | |||||||||||||||||||||
7 | "Authorized contribution" means the contribution amount | |||||||||||||||||||||
8 | that is listed on the contribution authorization certificate | |||||||||||||||||||||
9 | issued to the taxpayer. | |||||||||||||||||||||
10 | "Board" means the State Board of Education. | |||||||||||||||||||||
11 | "Contribution" means a donation made by the taxpayer | |||||||||||||||||||||
12 | during the taxable year for providing scholarships as provided | |||||||||||||||||||||
13 | in this Act. | |||||||||||||||||||||
14 | "Custodian" means, with respect to eligible students, an | |||||||||||||||||||||
15 | Illinois resident who is a parent or legal guardian of the | |||||||||||||||||||||
16 | eligible student or students. | |||||||||||||||||||||
17 | "Department" means the Department of Revenue. | |||||||||||||||||||||
18 | "Eligible student" means a child who: | |||||||||||||||||||||
19 | (1) is a member of a household whose federal adjusted | |||||||||||||||||||||
20 | gross income in the year before the child initially | |||||||||||||||||||||
21 | receives a scholarship under this Act does not exceed 300% | |||||||||||||||||||||
22 | of the federal poverty level and, once the child receives | |||||||||||||||||||||
23 | a scholarship under this Act, does not exceed 400% of the |
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1 | federal poverty level; | ||||||
2 | (2) is eligible to attend a public elementary school | ||||||
3 | or high school in Illinois in the semester immediately | ||||||
4 | before the semester during which he or she first receives | ||||||
5 | a scholarship under this Act or is starting school in | ||||||
6 | Illinois for the first time when he or she first receives a | ||||||
7 | scholarship under this Act; and | ||||||
8 | (3) resides in Illinois while receiving a scholarship | ||||||
9 | under this Act. | ||||||
10 | "Family member" means a parent, child, or sibling, whether | ||||||
11 | by whole blood, half blood, or adoption; a spouse; or a | ||||||
12 | stepchild. | ||||||
13 | "Jointly administered CTE program" means a program or set | ||||||
14 | of programs within a qualified school located in Illinois, as | ||||||
15 | determined by the State Board of Education under Section 7.5 | ||||||
16 | of this Act. | ||||||
17 | "Necessary costs and fees" includes the customary charge | ||||||
18 | for instruction and use of facilities in general and the | ||||||
19 | additional fixed fees charged for specified purposes that are | ||||||
20 | required generally of non-scholarship recipients for each | ||||||
21 | academic period for which the scholarship applicant actually | ||||||
22 | enrolls, including costs associated with student assessments. | ||||||
23 | "Necessary cost and fees" does not include fees payable only | ||||||
24 | once or other contingent deposits that are refundable in whole | ||||||
25 | or in part. The Board may prescribe, by rules consistent with | ||||||
26 | this Act, detailed provisions concerning the computation of |
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1 | necessary costs and fees. | ||||||
2 | "Qualified contribution" means the authorized contribution | ||||||
3 | made by a taxpayer to a scholarship granting organization for | ||||||
4 | which the taxpayer has received a certificate of receipt from | ||||||
5 | such organization. | ||||||
6 | "Qualified school" means a technical academy in the State. | ||||||
7 | "Scholarship" means an educational scholarship awarded to | ||||||
8 | an eligible student to attend a qualified school of their | ||||||
9 | custodians' choice in an amount not exceeding the necessary | ||||||
10 | costs and fees to attend that school. | ||||||
11 | "Scholarship granting organization" means an entity that: | ||||||
12 | (1) is exempt from taxation under Section 501(c)(3) of | ||||||
13 | the Internal Revenue Code; | ||||||
14 | (2) uses at least 95% of the qualified contributions | ||||||
15 | received during a taxable year for scholarships; | ||||||
16 | (3) provides scholarships to students in accordance | ||||||
17 | with this Act; | ||||||
18 | (4) deposits and holds qualified contributions and any | ||||||
19 | income derived from qualified contributions in an account | ||||||
20 | that is separate from the organization's operating fund or | ||||||
21 | other funds until such qualified contributions or income | ||||||
22 | is withdrawn for use; and | ||||||
23 | (5) is approved to issue certificates of receipt. | ||||||
24 | "Taxpayer" means any individual, corporation, partnership, | ||||||
25 | trust, or other entity subject to the Illinois income tax. For | ||||||
26 | the purposes of this Act, spouses filing a joint return shall |
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1 | be considered one taxpayer. | ||||||
2 | "Technical academy" means a nonpublic school located in | ||||||
3 | Illinois that: | ||||||
4 | (1) registers with the Board under Section 2-3.25o of | ||||||
5 | the School Code; | ||||||
6 | (2) operates or will operate a jointly administered | ||||||
7 | CTE program as the primary focus of the academy; and | ||||||
8 | (3) partners with the United States Department of | ||||||
9 | Labor's Office of Apprenticeship, or its successor | ||||||
10 | organization. | ||||||
11 | To maintain its status as a technical academy, the academy | ||||||
12 | must obtain recognition from the Board under Section 2-3.25o | ||||||
13 | of the School Code within 2 calendar years of its registration | ||||||
14 | with the Board.
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15 | Section 7.5. Determination of jointly administered CTE | ||||||
16 | programs. | ||||||
17 | (a) Upon its own motion, or upon petition from a qualified | ||||||
18 | school, the State Board of Education shall determine whether a | ||||||
19 | program or set of programs offered or proposed by a qualified | ||||||
20 | school provides coursework and training in career and | ||||||
21 | technical education pathways aligned to industry-recognized | ||||||
22 | certifications and credentials. The State Board of Education | ||||||
23 | shall make that determination based upon whether the | ||||||
24 | industry-recognized certifications or credentials that are the | ||||||
25 | focus of a qualified school's coursework and training program |
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1 | or set of programs (i) are associated with an occupation | ||||||
2 | determined to fall under the LEADING or EMERGING priority | ||||||
3 | sectors as determined through Illinois' Workforce Innovation | ||||||
4 | and Opportunity Act Unified State Plan and (ii) provide wages | ||||||
5 | that are at least 70% of the average annual wage in the State, | ||||||
6 | as calculated by the United States Bureau of Labor Statistics. | ||||||
7 | (b) The State Board of Education shall publish a list of | ||||||
8 | approved jointly administered CTE programs on its website and | ||||||
9 | otherwise make that list available to the public. A qualified | ||||||
10 | school may petition the State Board of Education to obtain a | ||||||
11 | determination that a proposed program or set of programs that | ||||||
12 | it seeks to offer qualifies as a jointly administered CTE | ||||||
13 | program under subsection (a) of this Section. A petitioner | ||||||
14 | shall file one original petition in the form provided by the | ||||||
15 | State Board of Education and in the manner specified by the | ||||||
16 | State Board of Education. The petitioner may withdraw his or | ||||||
17 | her petition by submitting a written statement to the State | ||||||
18 | Board of Education indicating the petitioner's intent to | ||||||
19 | withdraw. The State Board of Education shall approve or deny a | ||||||
20 | petition within 180 days of its submission and, upon approval, | ||||||
21 | shall proceed to add the program or set of programs to the list | ||||||
22 | of approved jointly administered CTE programs. The approval or | ||||||
23 | denial of any petition is a final decision of the Board, | ||||||
24 | subject to judicial review under the Administrative Review | ||||||
25 | Law. Jurisdiction and venue are vested in the circuit court. | ||||||
26 | (c) The State Board of Education shall evaluate the |
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1 | approved jointly administered CTE programs once every 5 years. | ||||||
2 | During each evaluation, the State Board of Education shall | ||||||
3 | determine whether these programs continue to meet the | ||||||
4 | requirements of subsection (a) of this Section.
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5 | Section 10. Credit awards. | ||||||
6 | (a) The Department shall award credits against the tax | ||||||
7 | imposed under subsections (a) and (b) of Section 201 of the | ||||||
8 | Illinois Income Tax Act to taxpayers who make qualified | ||||||
9 | contributions. For contributions made under this Act, the | ||||||
10 | credit shall be equal to 100% of the total amount of qualified | ||||||
11 | contributions made by the taxpayer during a taxable year, not | ||||||
12 | to exceed a credit of $1,000,000 per taxpayer. | ||||||
13 | (b) The aggregate amount of all credits the Department may | ||||||
14 | award under this Act in any calendar year may not exceed | ||||||
15 | $75,000,000. | ||||||
16 | (c) Contributions made by corporations (including | ||||||
17 | Subchapter S corporations), partnerships, and trusts under | ||||||
18 | this Act may not be directed to a particular subset of | ||||||
19 | qualified schools, a particular qualified school, a particular | ||||||
20 | group of students, or a particular student. Contributions made | ||||||
21 | by individuals under this Act may be directed to a particular | ||||||
22 | subset of qualified schools or a particular qualified school | ||||||
23 | but may not be directed to a particular group of students or a | ||||||
24 | particular student. | ||||||
25 | (d) No credit shall be taken under this Act for any |
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1 | qualified contribution for which the taxpayer claims a federal | ||||||
2 | income tax deduction. | ||||||
3 | (e) Credits shall be awarded in a manner that the | ||||||
4 | Department determines is geographically proportionate to | ||||||
5 | enrollment in recognized nonpublic qualified schools in | ||||||
6 | Illinois. If the cap on the aggregate credits that may be | ||||||
7 | awarded by the Department is not reached by June 1 of a given | ||||||
8 | year, the Department shall award the remaining credits on a | ||||||
9 | first-come, first-served basis, without regard to the | ||||||
10 | limitation of this subsection.
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11 | Section 15. Approval to issue certificates of receipt. | ||||||
12 | (a) A scholarship granting organization shall submit an | ||||||
13 | application for approval to issue certificates of receipt in | ||||||
14 | the form and manner prescribed by the Department, provided | ||||||
15 | that each application shall include: | ||||||
16 | (1) documentary evidence that the scholarship granting | ||||||
17 | organization has been granted an exemption from taxation | ||||||
18 | under Section 501(c)(3) of the Internal Revenue Code; | ||||||
19 | (2) certification that all qualified contributions and | ||||||
20 | any income derived from qualified contributions are | ||||||
21 | deposited and held in an account that is separate from the | ||||||
22 | scholarship granting organization's operating or other | ||||||
23 | funds until such qualified contributions or income are | ||||||
24 | withdrawn for use; | ||||||
25 | (3) certification that the scholarship granting |
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1 | organization will use at least 95% of its annual revenue | ||||||
2 | from qualified contributions for scholarships; | ||||||
3 | (4) certification that the scholarship granting | ||||||
4 | organization will provide scholarships to eligible | ||||||
5 | students; | ||||||
6 | (5) a list of the names and addresses of all members of | ||||||
7 | the governing board of the scholarship granting | ||||||
8 | organization; and | ||||||
9 | (6) a copy of the most recent financial audit of the | ||||||
10 | scholarship granting organization's accounts and records | ||||||
11 | conducted by an independent certified public accountant in | ||||||
12 | accordance with auditing standards generally accepted in | ||||||
13 | the United States, government auditing standards, and | ||||||
14 | rules adopted by the Department. | ||||||
15 | (b) A scholarship granting organization whose owner or | ||||||
16 | operator has, in the 7 years immediately preceding the date of | ||||||
17 | the application, filed for personal bankruptcy or corporate | ||||||
18 | bankruptcy involving a corporation in which the owner owned | ||||||
19 | more than 20% shall not be eligible to provide scholarships. | ||||||
20 | (c) A scholarship granting organization must not have an | ||||||
21 | owner or operator who owns or operates a qualified school or | ||||||
22 | has a family member who is a paid staff member or board member | ||||||
23 | of a participating qualified school. | ||||||
24 | (d) A scholarship granting organization shall comply with | ||||||
25 | the anti-discrimination provisions of 42 U.S.C. 2000d. | ||||||
26 | (e) The Department shall review and either approve or deny |
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1 | each application to issue certificates of receipt under this | ||||||
2 | Act. Approval or denial of an application shall be made on a | ||||||
3 | periodic basis. Applicants shall be notified of the | ||||||
4 | Department's determination within 30 business days after the | ||||||
5 | application is received. | ||||||
6 | (f) No scholarship granting organization shall issue any | ||||||
7 | certificate of receipt without first being approved to issue | ||||||
8 | certificates of receipt.
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9 | Section 20. Annual review. | ||||||
10 | (a) Each scholarship granting organization that receives | ||||||
11 | approval to issue certificates of receipt shall file an | ||||||
12 | application for recertification on an annual basis. Such | ||||||
13 | application for recertification shall be in the form and | ||||||
14 | manner prescribed by the Department and shall include: | ||||||
15 | (1) a certification from the Director or Chief | ||||||
16 | Executive Officer of the organization that the | ||||||
17 | organization has complied with and continues to comply | ||||||
18 | with the requirements of this Act, including evidence of | ||||||
19 | that compliance; and | ||||||
20 | (2) a copy of the organization's current financial | ||||||
21 | statements. | ||||||
22 | (b) The Department may revoke the approval of a | ||||||
23 | scholarship granting organization to issue certificates of | ||||||
24 | receipt upon a finding that the organization has violated this | ||||||
25 | Act or any rules adopted under this Act. These violations |
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1 | shall include, but need not be limited to, any of the | ||||||
2 | following: | ||||||
3 | (1) failure to meet the requirements of this Act; | ||||||
4 | (2) failure to maintain full and adequate records with | ||||||
5 | respect to the receipt of qualified contributions; | ||||||
6 | (3) failure to supply such records to the Department; | ||||||
7 | or | ||||||
8 | (4) failure to provide notice to the Department of the | ||||||
9 | issuance of certificates of receipt under Section 35 of | ||||||
10 | this Act. | ||||||
11 | (c) Within 5 days after the determination to revoke | ||||||
12 | approval, the Department shall provide notice of the | ||||||
13 | determination to the scholarship granting organization and | ||||||
14 | information regarding the process to request a hearing to | ||||||
15 | appeal the determination.
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16 | Section 25. Contribution authorization certificates. | ||||||
17 | (a) A taxpayer shall not be allowed a credit under this Act | ||||||
18 | for any contribution to a scholarship granting organization | ||||||
19 | that was made before the Department issues to the taxpayer a | ||||||
20 | contribution authorization certificate for the contribution. | ||||||
21 | (b) Before making a contribution to a scholarship granting | ||||||
22 | organization, the taxpayer shall apply to the Department for a | ||||||
23 | contribution authorization certificate. | ||||||
24 | (c) A taxpayer who makes more than one contribution to a | ||||||
25 | scholarship granting organization must make a separate |
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1 | application for each contribution authorization certificate. | ||||||
2 | The application shall be in the form and manner prescribed by | ||||||
3 | the Department, provided that the application includes: | ||||||
4 | (1) the taxpayer's name and address; | ||||||
5 | (2) the amount the taxpayer will contribute; and | ||||||
6 | (3) any other information the Department deems | ||||||
7 | necessary. | ||||||
8 | (d) The Department may allow taxpayers to make multiple | ||||||
9 | applications on the same form, provided that each application | ||||||
10 | shall be treated as a separate application. | ||||||
11 | (e) The Department shall issue credit authorization | ||||||
12 | certificates on a first-come, first-served basis based upon | ||||||
13 | the date that the Department received the taxpayer's | ||||||
14 | application for the certificate subject to the provisions of | ||||||
15 | subsection (e) of Section 10 of this Act. | ||||||
16 | (f) A taxpayer's aggregate authorized contribution amount, | ||||||
17 | as listed on one or more authorized contribution certificates | ||||||
18 | issued to the taxpayer, shall not exceed the aggregate of the | ||||||
19 | amounts listed on the taxpayer's applications submitted in | ||||||
20 | accordance with this Section. | ||||||
21 | (g) Each contribution authorization certificate shall | ||||||
22 | state: | ||||||
23 | (1) the date the certificate was issued; | ||||||
24 | (2) the date by which the authorized contributions | ||||||
25 | listed in the certificate must be made, which shall be 60 | ||||||
26 | days from the date of the issuance of a credit |
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1 | authorization certificate; | ||||||
2 | (3) the total amount of authorized contributions; and | ||||||
3 | (4) any other information the Department deems | ||||||
4 | necessary. | ||||||
5 | (h) Credit authorization certificates shall be mailed to | ||||||
6 | the appropriate taxpayers within 3 business days after their | ||||||
7 | issuance. | ||||||
8 | (i) A taxpayer may rescind all or part of an authorized | ||||||
9 | contribution approved under this Act by providing written | ||||||
10 | notice to the Department. Amounts rescinded shall no longer be | ||||||
11 | deducted from the cap prescribed in Section 10 of this Act. | ||||||
12 | (j) The Department shall maintain on its website a running | ||||||
13 | total of the amount of credits for which taxpayers may make | ||||||
14 | applications for contribution authorization certification. The | ||||||
15 | running total shall be updated every business day.
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16 | Section 30. Certificates of receipt. | ||||||
17 | (a) No scholarship granting organization shall issue a | ||||||
18 | certificate of receipt for any qualified contribution made by | ||||||
19 | a taxpayer under this Act unless that scholarship granting | ||||||
20 | organization has been approved to issue certificates of | ||||||
21 | receipt under Section 15 of this Act. | ||||||
22 | (b) No scholarship granting organization shall issue a | ||||||
23 | certificate of receipt for a contribution made by a taxpayer | ||||||
24 | unless the taxpayer has been issued a credit authorization | ||||||
25 | certificate by the Department. |
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1 | (c) If a taxpayer makes a contribution to a scholarship | ||||||
2 | granting organization before the date by which the authorized | ||||||
3 | contribution shall be made, the scholarship granting | ||||||
4 | organization shall, within 30 days of receipt of the | ||||||
5 | authorized contribution, issue to the taxpayer a written | ||||||
6 | certificate of receipt. | ||||||
7 | (d) If a taxpayer fails to make all or a portion of a | ||||||
8 | contribution before the date by which the authorized | ||||||
9 | contribution is required to be made, the taxpayer shall not be | ||||||
10 | entitled to a certificate of receipt for the portion of the | ||||||
11 | authorized contribution not made. | ||||||
12 | (e) Each certificate of receipt shall state: | ||||||
13 | (1) the name and address of the issuing scholarship | ||||||
14 | granting organization; | ||||||
15 | (2) the taxpayer's name and address; | ||||||
16 | (3) the date for each qualified contribution; | ||||||
17 | (4) the amount of each qualified contribution; | ||||||
18 | (5) the total qualified contribution amount; and | ||||||
19 | (6) any other information that the Department may deem | ||||||
20 | necessary. | ||||||
21 | (f) Upon the issuance of a certificate of receipt, the | ||||||
22 | issuing scholarship granting organization shall, within 10 | ||||||
23 | days after issuing the certificate of receipt, provide the | ||||||
24 | Department with notification of the issuance of the | ||||||
25 | certificate in the form and manner prescribed by the | ||||||
26 | Department, provided that the notification shall include: |
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1 | (1) the taxpayer's name and address; | ||||||
2 | (2) the date of the issuance of a certificate of | ||||||
3 | receipt; | ||||||
4 | (3) the qualified contribution date or dates and the | ||||||
5 | amounts contributed on those dates; | ||||||
6 | (4) the total qualified contribution listed on the | ||||||
7 | certificates; | ||||||
8 | (5) the issuing scholarship granting organization's | ||||||
9 | name and address; and | ||||||
10 | (6) any other information the Department may deem | ||||||
11 | necessary. | ||||||
12 | (g) Any portion of a contribution that a taxpayer fails to | ||||||
13 | make by the date indicated on the authorized contribution | ||||||
14 | certificate shall no longer be deducted from the cap | ||||||
15 | prescribed in Section 10 of this Act.
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16 | Section 35. Reports. | ||||||
17 | (a) Within 180 days after the end of its fiscal year, each | ||||||
18 | scholarship granting organization must provide to the | ||||||
19 | Department a copy of a financial audit of its accounts and | ||||||
20 | records conducted by an independent certified public | ||||||
21 | accountant in accordance with auditing standards generally | ||||||
22 | accepted in the United States, government auditing standards, | ||||||
23 | and rules adopted by the Department. The audit must include a | ||||||
24 | report on financial statements presented in accordance with | ||||||
25 | generally accepted accounting principles. The audit must |
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1 | include evidence that no less than 95% of qualified | ||||||
2 | contributions received were used to provide scholarships to | ||||||
3 | eligible students. The Department shall review all audits | ||||||
4 | submitted under this subsection. The Department shall request | ||||||
5 | any significant items that were omitted in violation of a rule | ||||||
6 | adopted by the Department. The items must be provided within | ||||||
7 | 45 days after the date of request. If a scholarship granting | ||||||
8 | organization does not comply with the Department's request, | ||||||
9 | the Department may revoke the scholarship granting | ||||||
10 | organization's ability to issue certificates of receipt. | ||||||
11 | (b) A scholarship granting organization that is approved | ||||||
12 | to receive qualified contributions shall report to the | ||||||
13 | Department, on a form prescribed by the Department, by January | ||||||
14 | 31 of each calendar year. The report shall include: | ||||||
15 | (1) the total number of certificates of receipt issued | ||||||
16 | during the immediately preceding calendar year; | ||||||
17 | (2) the total dollar amount of qualified contributions | ||||||
18 | received, as set forth in the certificates of receipt | ||||||
19 | issued during the immediately preceding calendar year; | ||||||
20 | (3) the total number of eligible students using | ||||||
21 | scholarships for the immediately preceding calendar year | ||||||
22 | and the academic year in progress and the total dollar | ||||||
23 | value of the scholarships; | ||||||
24 | (4) the name and address of each qualified school for | ||||||
25 | which scholarships using qualified contributions were | ||||||
26 | issued during the immediately preceding calendar year, |
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1 | detailing the number, grade, race, gender, income level, | ||||||
2 | and residency by zip code of eligible students and the | ||||||
3 | total dollar value of scholarships being used at each | ||||||
4 | qualified school by priority group, as identified in | ||||||
5 | subsection (d) of Section 40 of this Act; and | ||||||
6 | (5) any additional information requested by the | ||||||
7 | Department. | ||||||
8 | (c) On or before the last day of March for each calendar | ||||||
9 | year, for the immediately preceding calendar year, the | ||||||
10 | Department shall submit a written report to the Governor, the | ||||||
11 | President of the Senate, the Speaker of the House of | ||||||
12 | Representatives, the Minority Leader of the Senate, and the | ||||||
13 | Minority Leader of the House of Representatives regarding this | ||||||
14 | Act. The report shall include, but not be limited to, the | ||||||
15 | following information: | ||||||
16 | (1) the names and addresses of all scholarship | ||||||
17 | granting organizations approved to issue certificates of | ||||||
18 | receipt; | ||||||
19 | (2) the number and aggregate total of certificates of | ||||||
20 | receipt issued by each scholarship granting organization; | ||||||
21 | and | ||||||
22 | (3) the information reported to the Department | ||||||
23 | required by subsection (b) of this Section. | ||||||
24 | (d) The sharing and reporting of student data under this | ||||||
25 | Section must be in accordance with the requirements of the | ||||||
26 | federal Family Educational Rights and Privacy Act and the |
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1 | Illinois School Student Records Act. All parties must preserve | ||||||
2 | the confidentiality of such information as required by law. | ||||||
3 | Data reported by the Department under subsection (c) of this | ||||||
4 | Section must not disaggregate data to a level that will | ||||||
5 | disclose demographic data of individual students.
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6 | Section 40. Scholarship granting organization | ||||||
7 | responsibilities. | ||||||
8 | (a) Before granting a scholarship for an academic year, | ||||||
9 | each scholarship granting organization shall assess and | ||||||
10 | document each student's eligibility for the academic year. | ||||||
11 | (b) A scholarship granting organization shall grant | ||||||
12 | scholarships only to eligible students. | ||||||
13 | (c) A scholarship granting organization shall allow an | ||||||
14 | eligible student to attend any qualified school of the | ||||||
15 | student's choosing, subject to the availability of funds. | ||||||
16 | (d) In granting scholarships, a scholarship granting | ||||||
17 | organization shall give priority to eligible students who | ||||||
18 | received a scholarship from a scholarship granting | ||||||
19 | organization during the previous qualified school year. Second | ||||||
20 | priority shall be given to the following priority groups: | ||||||
21 | (1) eligible students who are members of a household | ||||||
22 | whose previous year's total annual income does not exceed | ||||||
23 | 185% of the federal poverty level; and | ||||||
24 | (2) eligible students who are siblings of students | ||||||
25 | currently receiving a scholarship. |
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1 | (d-5) A scholarship granting organization shall begin | ||||||
2 | granting scholarships no later than the February 1 preceding | ||||||
3 | the academic year for which the scholarship is sought. Each | ||||||
4 | priority group identified in subsection (d) of this Section | ||||||
5 | shall be eligible to receive scholarships on a first-come, | ||||||
6 | first-served basis until the April 1 immediately preceding the | ||||||
7 | academic year for which the scholarship is sought, starting | ||||||
8 | with the first priority group identified in subsection (d) of | ||||||
9 | this Section. Applications for scholarships for eligible | ||||||
10 | students meeting the qualifications of one or more priority | ||||||
11 | groups that are received before April 1 must be either | ||||||
12 | approved or denied within 10 business days after receipt. | ||||||
13 | Beginning April 1, all eligible students shall be eligible to | ||||||
14 | receive scholarships without regard to the priority groups | ||||||
15 | identified in subsection (d) of this Section. | ||||||
16 | (e) Except as provided in subsection (e-5) of this | ||||||
17 | Section, scholarships shall not exceed the lesser of (i) the | ||||||
18 | statewide average operational expense per student among public | ||||||
19 | schools or (ii) the necessary costs and fees for attendance at | ||||||
20 | the qualified school. A qualified school may set a lower | ||||||
21 | maximum scholarship amount for eligible students whose family | ||||||
22 | income falls within paragraphs (2) and (3) of this subsection | ||||||
23 | (e); that amount may not exceed the necessary costs and fees | ||||||
24 | for attendance at the qualified school and is subject to the | ||||||
25 | limitations on average scholarship amounts set forth in | ||||||
26 | paragraphs (2) and (3) of this subsection, as applicable. The |
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1 | qualified school shall notify the scholarship granting | ||||||
2 | organization of its necessary costs and fees as well as any | ||||||
3 | maximum scholarship amount set by the qualified school. | ||||||
4 | Scholarships shall be awarded as follows: | ||||||
5 | (1) for eligible students whose household income is | ||||||
6 | less than 185% of the federal poverty level, the | ||||||
7 | scholarship shall be 100% of the amount determined under | ||||||
8 | this subsection (e) and subsection (e-5) of this Section; | ||||||
9 | (2) for eligible students whose household income is | ||||||
10 | 185% or more of the federal poverty level but less than | ||||||
11 | 250% of the federal poverty level, the average of | ||||||
12 | scholarships shall be 75% of the amount determined under | ||||||
13 | this subsection (e) and subsection (e-5) of this Section; | ||||||
14 | and | ||||||
15 | (3) for eligible students whose household income is | ||||||
16 | 250% or more of the federal poverty level, the average of | ||||||
17 | scholarships shall be 50% of the amount determined under | ||||||
18 | this subsection (e) and subsection (e-5) of this Section. | ||||||
19 | (e-5) The statewide average operational expense per | ||||||
20 | student among public schools shall be multiplied by the | ||||||
21 | following factors: (1) for students determined eligible to | ||||||
22 | receive services under the federal Individuals with | ||||||
23 | Disabilities Education Act, 2; (2) for students who are | ||||||
24 | English learners, as defined in subsection (d) of Section | ||||||
25 | 14C-2 of the School Code, 1.2; and (3) for students who are | ||||||
26 | gifted and talented children, as defined in Section 14A-20 of |
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1 | the School Code, 1.1. | ||||||
2 | (f) A scholarship granting organization shall distribute | ||||||
3 | scholarship payments to the participating qualified school | ||||||
4 | where the student is enrolled. | ||||||
5 | (g) Each scholarship granting organization shall expend | ||||||
6 | all qualified contributions received during the calendar year | ||||||
7 | in which the qualified contributions were received. No | ||||||
8 | qualified contributions may be carried forward to the | ||||||
9 | following calendar year. | ||||||
10 | (h) A scholarship granting organization shall allow an | ||||||
11 | eligible student to transfer a scholarship during the academic | ||||||
12 | year to any other participating qualified school of the | ||||||
13 | custodian's choice. Such scholarships shall be prorated. | ||||||
14 | (i) With the prior approval of the Department, a | ||||||
15 | scholarship granting organization may transfer funds to | ||||||
16 | another scholarship granting organization if additional funds | ||||||
17 | are required to meet scholarship demands at the receiving | ||||||
18 | scholarship granting organization. All transferred funds must | ||||||
19 | be deposited by the receiving scholarship granting | ||||||
20 | organization into its scholarship accounts. All transferred | ||||||
21 | amounts received by any scholarship granting organization must | ||||||
22 | be separately disclosed to the Department. | ||||||
23 | (j) If the approval of a scholarship granting organization | ||||||
24 | is revoked as provided in Section 20 of this Act or the | ||||||
25 | scholarship granting organization is dissolved, all remaining | ||||||
26 | qualified contributions of the scholarship granting |
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1 | organization shall be transferred to another scholarship | ||||||
2 | granting organization. All transferred funds must be deposited | ||||||
3 | by the receiving scholarship granting organization into its | ||||||
4 | scholarship accounts. | ||||||
5 | (k) Scholarship granting organizations shall make | ||||||
6 | reasonable efforts to advertise the availability of | ||||||
7 | scholarships to eligible students.
| ||||||
8 | Section 45. State Board responsibilities. | ||||||
9 | (a) Students who have been granted a scholarship under | ||||||
10 | this Act shall be annually assessed at the qualified school | ||||||
11 | where the student attends qualified school in the same manner | ||||||
12 | in which students that attend public schools are annually | ||||||
13 | assessed under Section 2-3.64a-5 of the School Code. Such | ||||||
14 | qualified school shall pay costs associated with this | ||||||
15 | requirement. | ||||||
16 | (b) The Board shall select an independent research | ||||||
17 | organization, which may be a public or private entity or | ||||||
18 | university, to which the participating qualified school must | ||||||
19 | report the scores of students who are receiving scholarships | ||||||
20 | and are assessed under subsection (a) of this Section. Costs | ||||||
21 | associated with the independent research organization shall be | ||||||
22 | paid by the scholarship granting organizations on a per-pupil | ||||||
23 | basis or by gifts, grants, or donations received by the Board | ||||||
24 | under subsection (d) of this Section, as determined by the | ||||||
25 | Board. The independent research organization must annually |
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1 | report to the Board on the year-to-year learning gains of | ||||||
2 | students receiving scholarships on a statewide basis. The | ||||||
3 | report shall also include, to the extent possible, a | ||||||
4 | comparison of these learning gains to the statewide learning | ||||||
5 | gains of public school students with socioeconomic backgrounds | ||||||
6 | similar to those of students receiving scholarships. The | ||||||
7 | annual report shall be delivered to the Board and published on | ||||||
8 | its website. | ||||||
9 | (c) Beginning within 120 days after the Board first | ||||||
10 | receives the annual report by the independent research | ||||||
11 | organization as provided in subsection (b) of this Section and | ||||||
12 | on an annual basis thereafter, the Board shall submit a | ||||||
13 | written report to the Governor, the President of the Senate, | ||||||
14 | the Speaker of the House of Representatives, the Minority | ||||||
15 | Leader of the Senate, and the Minority Leader of the House of | ||||||
16 | Representatives regarding this Act. The report shall include | ||||||
17 | an evaluation of the academic performance of students | ||||||
18 | receiving scholarships and recommendations for improving | ||||||
19 | student performance. | ||||||
20 | (d) Subject to the State Officials and Employees Ethics | ||||||
21 | Act, the Board may receive and expend gifts, grants, and | ||||||
22 | donations of any kind from any public or private entity to | ||||||
23 | carry out the purposes of this Section, subject to the terms | ||||||
24 | and conditions under which the gifts are given, provided that | ||||||
25 | all such terms and conditions are permissible under law. | ||||||
26 | (e) The sharing and reporting of student learning gain |
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1 | data under this Section must be in accordance with | ||||||
2 | requirements of the federal Family Educational Rights and | ||||||
3 | Privacy Act and the Illinois School Student Records Act. All | ||||||
4 | parties must preserve the confidentiality of such information | ||||||
5 | as required by law. The annual report must not disaggregate | ||||||
6 | data to a level that will disclose the academic level of | ||||||
7 | individual students.
| ||||||
8 | Section 50. Qualified school responsibilities. A qualified | ||||||
9 | school that accepts scholarship students must do all of the | ||||||
10 | following: | ||||||
11 | (1) provide to a scholarship granting organization, | ||||||
12 | upon request, all documentation required for the student's | ||||||
13 | participation, including the qualified school cost and | ||||||
14 | student's fee schedules; | ||||||
15 | (2) be academically accountable to the custodian for | ||||||
16 | meeting the educational needs of the student by: | ||||||
17 | (A) at a minimum, annually providing to the | ||||||
18 | custodian a written explanation of the student's | ||||||
19 | progress; and | ||||||
20 | (B) annually administering assessments required by | ||||||
21 | subsection (a) of Section 45 of this Act in the same | ||||||
22 | manner in which they are administered at public | ||||||
23 | schools under Section 2-3.64a-5 of the School Code; | ||||||
24 | the Board shall bill participating qualified schools | ||||||
25 | for all costs associated with administering |
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1 | assessments required by this paragraph; the | ||||||
2 | participating qualified schools shall ensure that all | ||||||
3 | test security and assessment administration procedures | ||||||
4 | are followed; participating qualified schools must | ||||||
5 | report individual student scores to the custodians of | ||||||
6 | the students; the independent research organization | ||||||
7 | described in subsection (b) of Section 45 of this Act | ||||||
8 | shall be provided all student score data in a secure | ||||||
9 | manner by the participating qualified school. | ||||||
10 | The inability of a qualified school to meet the | ||||||
11 | requirements of this Section shall constitute a basis for | ||||||
12 | the ineligibility of the qualified school to participate | ||||||
13 | in the scholarship program as determined by the Board.
| ||||||
14 | Section 55. Custodian and student responsibilities. | ||||||
15 | (a) The custodian must select a qualified school and apply | ||||||
16 | for the admission of his or her child. | ||||||
17 | (b) The custodian shall ensure that the student | ||||||
18 | participating in the scholarship program takes the assessment | ||||||
19 | required by subsection (a) of Section 45 of this Act. | ||||||
20 | (c) Each custodian and each student has an obligation to | ||||||
21 | comply with the published policies of the qualified school. | ||||||
22 | (d) The custodian shall authorize the scholarship granting | ||||||
23 | organization to access information needed for income | ||||||
24 | eligibility determinations.
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1 | Section 60. Recordkeeping; rulemaking; violations. | ||||||
2 | (a) Each taxpayer shall, for each taxable year for which | ||||||
3 | the tax credit provided for under this Act is claimed, | ||||||
4 | maintain records of the following information: (i) | ||||||
5 | contribution authorization certificates obtained under Section | ||||||
6 | 25 of this Act and (ii) certificates of receipt obtained under | ||||||
7 | Section 30 of this Act. | ||||||
8 | (b) The Board and the Department may adopt rules | ||||||
9 | consistent with and necessary for the implementation of this | ||||||
10 | Act. | ||||||
11 | (c) Violations of State laws or rules and complaints | ||||||
12 | relating to program participation shall be referred to the | ||||||
13 | Attorney General.
| ||||||
14 | Section 65. Credit period; repeal. A taxpayer may take a | ||||||
15 | credit under this Act for tax years beginning on or after | ||||||
16 | January 1, 2025. This Act is exempt from the provisions of | ||||||
17 | Section 250 of the Illinois Income Tax Act.
| ||||||
18 | Section 70. Inseverability. The provisions of this Act are | ||||||
19 | mutually dependent and inseverable. If any provision is held | ||||||
20 | invalid other than as applied to a particular person or | ||||||
21 | circumstance, then this entire Act is invalid.
| ||||||
22 | Section 75. Saving clause. Any repeal or amendment made by | ||||||
23 | this Act shall not affect or impair any of the following: suits |
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| |||||||
1 | pending or rights existing at the time this Act takes effect; | ||||||
2 | any grant or conveyance made or right acquired or cause of | ||||||
3 | action now existing under any Section, Article, or Act | ||||||
4 | repealed or amended by this Act; the validity of any bonds or | ||||||
5 | other obligations issued or sold and constituting valid | ||||||
6 | obligations of the issuing authority at the time this Act | ||||||
7 | takes effect; the validity of any contract; the validity of | ||||||
8 | any tax levied under any law in effect prior to the effective | ||||||
9 | date of this Act; or any offense committed, act done, penalty, | ||||||
10 | punishment, or forfeiture incurred or any claim, right, power, | ||||||
11 | or remedy accrued under any law in effect prior to the | ||||||
12 | effective date of this Act.
| ||||||
13 | Section 900. The Illinois Income Tax Act is amended by | ||||||
14 | adding Section 241 as follows:
| ||||||
15 | (35 ILCS 5/241 new) | ||||||
16 | Sec. 241. Investing in Tomorrow's Workforce Act. | ||||||
17 | (a) For taxable years beginning on or after January 1, | ||||||
18 | 2025, each taxpayer for whom a tax credit has been awarded by | ||||||
19 | the Department under the Investing in Tomorrow's Workforce Act | ||||||
20 | is entitled to a credit against the tax imposed under | ||||||
21 | subsections (a) and (b) of Section 201 as provided in that Act. | ||||||
22 | (b) Partners and shareholders of subchapter S corporations | ||||||
23 | are entitled to a credit under this Section as provided in | ||||||
24 | Section 251. |
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1 | (c) This Section is exempt from the provisions of Section | ||||||
2 | 250.
|