South Carolina General Assembly
115th Session, 2003-2004

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H. 4908

STATUS INFORMATION

General Bill
Sponsors: Reps. W.D. Smith, Loftis, Vaughn, Merrill, Leach, Richardson, Clemmons, Viers, Altman, Cato, Ceips, Chellis, Davenport, Delleney, Duncan, Edge, Hagood, Hamilton, Harrison, Haskins, Herbkersman, Keegan, Koon, Martin, Owens, Quinn, Rice, Scarborough, F.N. Smith, Stille, Tripp, Walker, Witherspoon, Young, Mahaffey and Barfield
Document Path: l:\council\bills\bbm\10072sj04.doc
Companion/Similar bill(s): 1198

Introduced in the House on March 4, 2004
Currently residing in the House Committee on Ways and Means

Summary: SC Put Parents in Charge Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    3/4/2004  House   Introduced and read first time HJ-74
    3/4/2004  House   Referred to Committee on Ways and Means HJ-74
    3/9/2004  House   Member(s) request name removed as sponsor: Trotter
   3/10/2004  House   Member(s) request name added as sponsor: Mahaffey
   4/15/2004  House   Member(s) request name added as sponsor: Barfield

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/4/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 15 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR TUITION PAID TO PUBLIC OR NONPUBLIC SCHOOLS, TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 12 of the 1976 Code is amended by adding:

"CHAPTER 15

South Carolina Put Parents in Charge Act

Article 1

General Provisions

Section 12-15-10.    This chapter may be cited as the "South Carolina Put Parents in Charge Act".

Section 12-15-20.    The purpose of this chapter is to:

(1)    restore parental control of education;

(2)    improve public school performance; and

(3)    expand educational opportunities for children of families in poverty.

Section 12-15-30.    As used in this chapter, unless otherwise required by the context:

(1)    'Department' means the South Carolina Department of Revenue.

(2)    'Nonpublic school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-65-10 may be met and that does not discriminate based on the grounds of race, color, or national origin. 'Nonpublic school' includes home schools as provided in Article 1, Chapter 65, Title 59.

(3)    'Public school' means a public school as defined in Section 59-1-120.

(4)    'Qualifying student' means an individual:

(a)    who is enrolled at a school as a full-time student, as determined by the school, for which the school has a release of information form or who is taught at home pursuant to Article 1, Chapter 65, Title 59;

(b)    who is a resident of this State, and, if enrolled in a public school, is not a resident of the school district for the public school;

(c)    who is in kindergarten through grade twelve; and

(d)    whose parent's or legal guardian's taxable income for South Carolina income tax purposes for the immediately preceding tax year is seventy-five thousand dollars or less. For purposes of determining if an individual is a qualifying student, the seventy-five thousand dollar amount must be increased by five thousand dollars for each exemption in excess of two that is claimed on the income tax return of the parents or legal guardian. By December 15 of each year, the department shall adjust cumulatively the seventy-five thousand dollar amount and the five thousand dollar amount in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.

(5)    'Receipt' means a document that a school issues to the person that makes a tuition payment on behalf of a qualifying student. The department shall develop the form of the document the content of which must contain, at a minimum, the name and address of the school; the name of the person paying the tuition; the names of all other persons who have paid tuition, in chronological order, during the then current calendar year on behalf of the qualifying student prior to the payment for which the receipt is being issued and including the total tuition paid by the named person; the name of the qualifying student on whose behalf the tuition was paid; and the date and amount of tuition paid and the aggregate amount of tuition paid for the qualifying student. The document also must contain in the chronological listing the date and amount of tuition paid, or to be paid as evidenced by the notice of scholarship award required to be submitted to the school as provided in Section 12-15-750(C), by a scholarship granting organization if the source of funds for the scholarship is monies for which a credit may be claimed pursuant to Article 5 of this chapter. For a student taught at home pursuant to Article 1, Chapter 65, Title 59, 'receipt' means a document issued by the entity receiving a payment for tuition, which contains the name of the entity receiving the payment; the identity of the goods or services purchased; the date and amount of tuition paid; and, if the receipt is for personal services, the person's taxpayer identification number.

(6)    'Release of information form' means a form developed by a school that states that a parent or the legal guardian of the qualifying student consents to the release of the information contained in the receipt and is consistent with the requirements of 20 U.S.C. Section 1232g, Family Educational Rights and Privacy Act of 1974.

(7)    'Scholarship granting organization' means an organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, gives scholarships to qualifying students from contributions that may be claimed as a credit pursuant to Article 5 of this chapter, and has complied with the provisions of this chapter.

(8)    'School' means a public school or nonpublic school.

(9)    'Tuition' means the amount charged for attending a public school when the student is not a resident of the school district or for attending a nonpublic school. 'Tuition' includes fees necessary for attending the respective school including, but not limited to, enrollment fees and transportation fees. For students taught at home pursuant to Article 1, Chapter 65, Title 59, 'tuition' means expenses incurred for tutors; textbooks; school supplies; fees for membership in an association that sets the academic standards for the student's home schooling program; and academic lessons including, but not limited to, science, math, music, and art. Expenses for tutors or academic lessons may be included in 'tuition' only if the person providing the tutoring or academic lessons is a person other than the student's parent or legal guardian and who meets the requirements for providing the service as set by the standard-setting entity for that student's home school program. 'Tuition' does not include athletic fees.

Section 12-15-40.    The department may promulgate regulations to aid in the performance of its duties under this chapter.

Article 3

Tuition Tax Credits

Section 12-15-310.    (A)    A person is allowed a tax credit for tuition paid for qualifying students to attend a school. The credit may be applied against the person's property tax and income tax liability. The credit may be claimed only by the person who actually paid the tuition. More than one person may claim a credit for the payment of a portion of the qualifying student's total tuition but only if the person actually paid the portion and the total credit taken by all persons does not exceed, in the aggregate, the limits set in this section. If the person's receipt indicates that the aggregate tuition paid by all persons, including scholarships from scholarship granting organizations if the source of funds for the scholarship is monies for which a credit may be claimed pursuant to Article 5 of this chapter, for the qualifying student exceeds the credit which may be claimed pursuant to this article, then that person may claim the credit only to the extent that the person's tuition payment does not exceed the allowable credit. Except as otherwise provided in this article, the credit is nonrefundable. The credit is useable only in the year generated. As used in this article, 'person' means an individual who, by blood, marriage or adoption, is the qualifying student's parent, brother, sister, grandparent, aunt, uncle, or who is the qualifying student's legal guardian.

(B)    Except as otherwise provided in this section, the credit claimed for each qualifying student pursuant to this article may not exceed the lesser of:

(1)    eighty percent of the actual tuition paid, including a scholarship received from a scholarship granting organization if the source of funds for the scholarship is monies for which a credit may be claimed pursuant to Article 5 of this chapter, during the taxable year; or

(2)    eighty percent of three thousand two hundred dollars for a qualifying student in kindergarten, four thousand dollars for a qualifying student in grades one through eight, and four thousand six hundred dollars for a qualifying student in grades nine through twelve. Not later than each December 15, the department shall cumulatively adjust the dollar amounts in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.

(C)    Notwithstanding the provisions of subsection (B), for qualifying students who are eligible for free or reduced price meals or for free milk, as determined in accordance with 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the credit claimed for each of those qualifying students may not exceed the lesser of:

(1)    one hundred percent of the actual tuition paid during the taxable year; or

(2)    one hundred percent of the dollar amounts set annually in subsection (B).

(D)(1)    The credit may be taken for the 2005 tax year only for qualifying students in kindergarten through fourth grade as of the fall 2005 semester or term, except that the credit may not be taken for students who were enrolled in a nonpublic school as of October 1, 2003.

(2)    The credit may be taken for the 2006 tax year only for qualifying students in kindergarten through sixth grade as of the fall 2006 semester or term, except that the credit may not be taken for students who were enrolled in a nonpublic school as of October 1, 2003.

(3)    The credit may be taken for the 2007 tax year only for qualifying students who were in kindergarten through eighth grade as of the fall 2007 semester or term, except that the credit may not be taken for students who were enrolled in second through eighth grade in a nonpublic school as of October 1, 2003.

(4)    The credit may be taken for the 2008 tax year only for qualifying students who were in kindergarten through tenth grade as of the fall 2008 semester or term, except that the credit may not be taken for students who were enrolled in fifth through tenth grade in a nonpublic school as of October 1, 2003.

(5)    Beginning with the 2009 tax year, the credit may be taken each year for a qualifying student as provided in this section.

Section 12-15-320.    (A)    A person or person's agent may claim the credit provided in this article against the person's property tax liability. The credit may be claimed only for property taxes imposed for school operating purposes and excluding property taxes levied for bonded indebtedness and for payments pursuant to lease purchase agreements for capital construction. The qualifying student for whom the person is claiming the credit must be a resident of the school district in which the person is claiming the credit. If the credit exceeds the person's tax liability for school operating taxes in the taxable year, the excess amount is nonrefundable by the property tax collecting entity and the excess may be applied by the person as a credit against income taxes as provided in this article.

(B)    The department shall develop forms for administering and claiming the credit for property tax purposes. The person or person's agent must use these forms to claim the credit. Tax collecting entities shall make the forms available at offices and locations where tax information is distributed.

(C)    The person shall claim the credit for property tax purposes at the time payment is made and shall furnish the collecting entity a completed form, a copy of the receipt, and payment for the amount due, if any, after application of the credit.

Section 12-15-330.    (A)    A credit not used by the person for property tax purposes as provided in this article may be claimed by the person as an income tax credit against the taxes imposed pursuant to Chapter 6 of this title. Except as otherwise provided in this section, the credit is nonrefundable.

(B)    The income tax credit is refundable only to the extent that if the person's residence is rented and the individual does not own property classified pursuant to Section 12-43-220(c), and if, after application of all other credits, the credit claimed exceeds the person's income tax liability, then the person shall receive a refund equal to the lesser of either the amount of the unused credit or the amount of the person's rent attributable to property taxes imposed for school operating purposes. By each July 1, and for use in the next tax year, the department from the best information available shall determine the percentage of rent for residential property that is attributable to school operating purposes. For purposes of determining the amount of refund, if any, the person shall apply the percentage to the person's rent actually paid in the applicable tax year.

Section 12-15-340.    (A)    Annually, the Board of Economic Advisors shall prepare a report on the impact of the implementation of this chapter on school enrollment and state and local funding of public schools for the fiscal year most recently completed. The report must include, but not be limited to, an analysis of and statement on :

(1)    the change in public school enrollment, by school district, attributable to this chapter;

(2)    the amount of the property tax credits claimed, by school district;

(3)    the amount of credits claimed, by type, for state tax purposes; and

(4)    the amount of funds the State would have had to expend for public schools under the education funding formula in existence on or before the enactment of this chapter and the amount actually expended by the State.

The report must be submitted by December 1 of each year to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the House Education and Public Works Committee.

(B)    Based on the annual report prepared by the Board of Economic Advisors pursuant to subsection (A), the General Assembly, in the annual general appropriations act, shall appropriate, out of the estimated revenue of the general fund for the fiscal year for which the appropriations are made, an amount equal to the amount of funds the State would have had to expend for public schools, in the fiscal year most recently completed, under education funding formula in existence on or before the enactment of this chapter and the amount actually expended by the State, not to exceed the amount of property tax credits claimed for the same time period pursuant to this chapter. The funds appropriated pursuant to this subsection must be distributed to each school district based on the proportion of the property tax credits claimed pursuant to this chapter for the school district compared to the total property tax credits claimed statewide. Monies received by a school district pursuant to this subsection must be used for purposes the governing body of the school district, in its discretion, determines. This appropriation must be contained in the Governor's recommended executive budget, the Ways and Means Committee report on the general appropriations bill, the general appropriations bill at the time of third reading in the House of Representatives, the Senate Finance Committee report on the general appropriations bill, the general appropriations bill at the time of third reading in the Senate, and in a conference report on the general appropriations bill.

Section 12-15-350.    (A)    If the Board of Economic Advisor's report prepared pursuant to Section 12-15-330 indicates that a school district's enrollment has decreased as a result of the implementation of this chapter by a cumulative amount of ten percent or more measured from the beginning of the implementation of this chapter, then, notwithstanding another provision of law, the school district is exempt from provisions of law and regulations applicable to school districts and public schools except that this exemption does not apply to:

(1)    health, safety, civil rights, and disability rights requirements;

(2)    minimum student attendance requirements;

(3)    financial audits, audit procedures, and audit requirements;

(4)    the hiring of noncertified teachers except that the school district may hire noncertified teachers in a ratio of up to twenty-five percent of its entire teacher staff, as measured on a full-time equivalency basis. A teacher teaching in the core academic areas of English or language arts, mathematics, science, or social studies must be certified in those areas or possess a baccalaureate or graduate degree in the subject the teacher is hired to teach;

(5)    the State Freedom of Information Act; and

(6)    the Ethics, Government Accountability and Campaign Reform Act.

(B)    A school district exempt from state regulation pursuant to subsection (A) may hire noncertified administrative staff to oversee the daily operation of the school district and its public schools, except that at least one of the administrative staff must be certified or experienced in the field of school administration.

Article 5

Contribution Tax Credit

Section 12-15-510.    A person is allowed a tax credit for contributions to a scholarship granting organization that will be used in accordance with Section 12-15-730(A). The credit may be applied against the person's liability for property taxes, taxes imposed pursuant to Chapter 6 of this title, or license fees imposed pursuant to Chapter 20 of this title. The credit may be claimed only by the person who actually made the contribution except that if the credit is earned by one member of a controlled group of corporations, the credit may be used and applied by that member and by another member of the controlled group of corporations. As used in this article, 'controlled group of corporations' has the same meaning as provided in Section 12-6-3480(5) and 'person' has the same meaning as provided in Section 12-2-20. The credit is nonrefundable and useable only in the year generated.

Section 12-15-520.    (A)    A person or person's agent may claim the credit provided in this article against the person's property tax liability. The credit may be claimed only for property taxes imposed for school operating purposes and excluding property taxes levied for bonded indebtedness and for payments pursuant to lease purchase agreements for capital construction. If the credit exceeds the person's tax liability for school operating taxes in the taxable year, the excess amount is nonrefundable by the property tax collecting entity and the excess may be applied by the person as a credit against liability for taxes imposed pursuant to Chapter 6 of this title or license fees imposed pursuant to Chapter 20 of this title.

(B)    The person or person's agent may claim the credit for property tax purposes only if the scholarship granting organization to which the contribution was made certifies that, in the then current calendar year, the scholarship granting organization will give scholarships to qualifying students who would otherwise be eligible to attend a public school in the school district for which the credit will be applied in amounts that exceed the amount of the contribution.

(C)    The department shall develop forms for administering and claiming the credit for property tax purposes. The person or person's agent shall use these forms to claim the credit. Tax collecting entities shall make the forms available at offices and locations where tax information is distributed.

(D)    The person shall claim the credit for property tax purposes at the time payment is made and shall furnish the collecting entity a completed form; a copy of the written statement provided pursuant to Section 12-15-740, which must include the certification by the scholarship granting organization as provided in subsection (B); and payment for the amount due, if any, after application of the credit.

Section 12-15-530.    A credit not used by the person for property tax purposes as provided in this article may be claimed by the person as a credit against taxes imposed pursuant to Chapter 6 of this title or license fees imposed pursuant to Chapter 20 of this title. The credit claimed under this section may not exceed fifty percent of the person's liability for taxes or fees due pursuant to Chapter 6 or 20 of this title. Limitations upon the total amount of liability for taxes or license fees that can be reduced by the use of another credit allowed for that tax or license fee must be computed after the credit allowed by this section is used to reduce a tax or license fee liability pursuant to Chapter 6 or 20 of this title.

Section 12-15-540.    A scholarship granting organization receiving contributions for which the person claims a credit pursuant to this article must segregate the contributions from other funds of the scholarship granting organization.

Article 7

Scholarship Granting Organizations

Section 12-15-710.    (A)    A scholarship granting organization shall, not later than thirty days after its organization, register with the department as provided in this section. After that, the scholarship granting organization shall, not later than January 31 of each year, renew its registration with the department. Each scholarship granting organization registering with the department, whether initial or renewal, shall pay a fee of one hundred dollars.

(B)    The registration must be in a form developed by the department and available both electronically and in paper form and be limited to and include:

(1)    the full name, address, and telephone number of the scholarship granting organization;

(2)    the name, address, and telephone number of the chief administrative official of the scholarship granting organization;

(3)    the names, addresses, and telephone numbers of the individuals who serve on the scholarship granting organization's governing body;

(4)    the scholarship granting organization's federal taxpayer identification number;

(5)    a statement of the scholarship granting organization's status as a 501(c)(3) organization pursuant to the Internal Revenue Code; and

(6)    certification by the scholarship granting organization that the information contained on the registration statement is true and correct.

(C)    A scholarship granting organization must file a supplemental registration statement indicating a substantial change in the information contained in the prior registration statement within thirty days after the date of the change.

Section 12-15-720.    (A)    Each scholarship granting organization, not later than June 30 of each year, must file a report with the department covering that scholarship granting organization's activities during the most recently completed calendar year.

(B)    Each report must be in a form developed by the department and available both electronically and in paper form and be limited to and include:

(1)    the full name, address, and telephone number of the reporting scholarship granting organization;

(2)    the name, address, and telephone number of the chief administrative official of the scholarship granting organization;

(3)    the names, addresses, and telephone numbers of the individuals who serve on the scholarship granting organization's governing body;

(4)    the scholarship granting organization's federal taxpayer identification number;

(5)    a statement of the scholarship granting organization's status as a 501(c)(3) organization pursuant to the Internal Revenue Code;

(6)    a statement of the monies received for which a credit may be claimed pursuant to Article 5 of this chapter during the covered period including:

(a)    a listing of the amounts expended by number and amount of scholarships awarded by the school attended by the scholarship recipient and by the public school district in which the qualifying student would attend if the qualifying student were attending a public school; and

(b)    the beginning balance for monies held for administrative expenses, a listing of the expenditures, by category, for administrative expenses including, but not limited to, marketing materials, office supplies, legal services, accounting services, rent, utilities, and compensation of personnel, and the ending balance for monies held for administrative expenses;

(7)    a copy of the scholarship granting organization's annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant and in accordance with regulations adopted by the department; and

(8)    certification by the scholarship granting organization that the information contained in the report is true and correct.

Section 12-15-730.    A scholarship granting organization shall notify the department whenever the scholarship granting organization receives more than five hundred thousand dollars of contributions in the aggregate in any calendar quarter. The notification must be filed with the department not later than thirty days after the close of the calendar quarter and must inform the department of the total amount of contributions received by the scholarship granting organization for the reporting period.

Section 12-15-740.    (A)    Contributions to a scholarship granting organization, which qualify for the credit provided in Article 5 of this chapter must be used by the scholarship granting organization only for the purpose of providing scholarships to qualifying students except that not more than five percent of the contributions may be used for administrative expenses of the scholarship granting organization including, but not limited to, marketing materials, office supplies, legal services, accounting services, rent, utilities, and compensation of personnel. Students taught at home pursuant to Article 1, Chapter 65, Title 59, are eligible for scholarships provided for in this section.

(B)(1)    Except as otherwise provided in this section, in a calendar year, a scholarship granting organization may not award a scholarship to a qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or eighty percent of three thousand two hundred dollars for a qualifying student in kindergarten, four thousand dollars for a qualifying student in grades one through eight, and four thousand six hundred dollars for a qualifying student in grades nine through twelve. By December 15 of each year, the department shall cumulatively adjust the dollar amounts in the same manner that brackets are adjusted in Section 1(f) of the Internal Revenue Code.

(2)    Notwithstanding the provisions of item (1), if the qualifying student is classified as educable mentally handicapped, learning disabilities handicapped, or speech handicapped, then, regardless of the grade for the qualifying student, a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or eighty percent of five thousand six hundred dollars. If the qualifying student is classified as trainable mentally handicapped, emotionally handicapped, orthopedically handicapped, or homebound, then, regardless of the grade for the qualifying student, a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or eighty percent of seven thousand dollars. If the qualifying student is classified as visually handicapped, hearing handicapped, or autistic, then, regardless of the grade for the qualifying student, a scholarship granting organization may not award a scholarship to the qualifying student, which exceeds the lesser of either eighty percent of the amount of the tuition at the qualifying student's school or eighty percent of ten thousand dollars. If a qualifying student may be classified in more than one classification, the classification with the higher dollar amount must be used. The department shall adjust the dollar amounts in this item in the same manner and at the same time as the dollar amounts used in item (1) are adjusted.

(C)    Notwithstanding the provisions of subsection (B), for a qualifying student who is eligible for free or reduced price meals or for free milk, as determined pursuant to 7 CFR Part 245, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools, the scholarship from the scholarship granting organization may not exceed the lesser of either one hundred percent of the amount of the tuition at the qualifying student's school or one hundred percent of the dollar amounts set annually in subsection (B).

(D)(1)    For calendar year 2005, a scholarship granting organization may award a scholarship only to qualifying students who:

(a)    are in kindergarten through fourth grade as of the fall 2005 semester or term; and

(b)    were not enrolled in a nonpublic school as of October 1, 2003.

(2)    For calendar year 2006, a scholarship granting organization may award a scholarship only to qualifying students who:

(a)    are in kindergarten through sixth grade as of the fall 2006 semester or term; and

(b)    were not enrolled in a nonpublic school as of October 1, 2003.

(3)    For calendar year 2007, a scholarship granting organization may award a scholarship only to qualifying students who:

(a)    are in kindergarten through eighth grade as of the fall 2007 semester or term; and

(b)    were not enrolled in second through eighth grade in a nonpublic school as of October 1, 2003.

(4)    For calendar year 2008, a scholarship granting organization may award a scholarship only to qualifying students who:

(a)    are in kindergarten through tenth grade as of the fall 2008 semester or term; and

(b)    were not enrolled in fifth through tenth grade in a nonpublic school as of October 1, 2003.

(5)    Beginning with calendar year 2009, a scholarship granting organization may award a scholarship each year to qualifying students as provided in this section.

(E)    A qualifying student may receive a scholarship from more than one scholarship granting organization, however, the total amount of the scholarships received from all scholarship granting organizations may not exceed the calendar year limits as established in this section.

Section 12-15-750.    (A)    A scholarship granting organization, within thirty days after the day on which a person makes a contribution to the scholarship granting organization, shall provide to the person a written statement containing the name and address of the scholarship granting organization, the name of the person making the contribution, the amount of the contribution, the date of the contribution and certifying that the contribution must be used in accordance with this chapter. The written statement must inform the person that the statement is provided pursuant to this section and that the scholarship granting organization is segregating the contribution from other funds of the scholarship granting organization as required by the provisions of Article 5, Chapter 15, Title 12 relating to tax credits for contributions to scholarship granting organizations.

(B)    A scholarship granting organization may, in its discretion, include in the written statement required in subsection (A), a certification that, in the then current calendar year, the scholarship granting organization will give scholarships to qualifying students who would otherwise be eligible to attend a public school in the school district for which the donor will seek a property tax credit pursuant to Section 12-15-510 in amounts greater than the amount of property tax credits donors will seek from that school district.

(C)    When a scholarship granting organization makes a determination to award a scholarship to a qualifying student from monies for which a credit may be claimed pursuant to Article 5 of this chapter, the scholarship granting organization immediately shall notify the school, at which the scholarship will be applied, of the award of the scholarship. The school immediately shall enter the information from the notice of scholarship award on the receipt applicable to the qualifying student. The school shall return to the scholarship granting organization monies from the scholarship, which exceed the credit applicable to the qualifying student pursuant to Article 3 of this chapter. In deciding whether monies must be returned to the scholarship granting organization, the school shall review the chronological record of tuition payments by or on behalf of the qualifying student including the date and amount contained on the notice of scholarship award. If the chronological record reflects that the date and amount of payment of tuition by scholarship, including the date and amount indicated on the notice of scholarship award, and tuition payments received prior to the scholarship activity causes the credit applicable to the qualifying student to be exceeded, then the school shall return the scholarship monies that exceed the credit to the scholarship granting organization.

Section 12-15-760.    Except for the portion of a contribution a scholarship granting organization retains to expend for administrative expenses pursuant to Section 12-15-730(A), a scholarship granting organization shall expend, pursuant to this chapter, a contribution received within twelve months of the day on which the scholarship granting organization receives the contribution."

SECTION    2.    If a section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, this holding does not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    3.    This act takes effect upon approval by the Governor and the tax credits provided for in SECTION 1 begin with tax year 2005. Registration of scholarship granting organizations as required by Section 12-15-700 must begin not later than ninety days after the effective date of this act.

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