Income tax, state; credits for Neighborhood Assistance Program & Education Improvement Scholarships.
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SB 27 — Income tax, state; credits for Neighborhood Assistance Program & Education Improvement Scholarships.
Last action — Tabled in Appropriations (22-Y 0-N)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Income tax credits; Neighborhood Assistance Program and Education Improvement Scholarships. Makes several amendments to expand the availability of the Neighborhood Assistance Program (NAP) and Education Improvement Scholarships Tax Credits (EISTC). The bill increases the limit on NAP credits approved by the Department of Education (DOE) from $9 million to $12 million and provides that the annual allocation of tax credits among neighborhood organizations shall not rely solely on the amount of credits awarded in the previous year. For the EISTC, the bill increases the value of the credit from 65 percent to 70 percent of the value of a donation and allows certified public accountants to receive tax credits for donations of accounting services to scholarship organizations. The bill also retains requirements and guidelines for eligible students with a disability that under current law were scheduled to expire on December 31, 2023. This bill incorporates SB 709.
Bill Text
What changed in the latest version
600 added · 597 removedPlain-language change summary
The recent amendment to Bill SB 27 simplifies the sections related to the income tax credit program for neighborhood organizations in Virginia. It removes references to two sections that were deemed unnecessary, streamlining the focus on how organizations can propose their programs and request tax credits for donations. This change makes it easier for these groups to understand the requirements and possibly increases participation, which benefits low-income individuals supported by these initiatives.
SESSION INTRODUCEDSENATE 22100606DSUBSTITUTE I22106056D SENATE BILL NO.
27 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA DecemberSUBSTITUTE 22,(Proposed 2021by Tthe ASenate BasCommittee iton shallFinance becomeand effective,Appropriations 58.1-439.26,on February 8, 2022) (Patrons Prior to Substitute––Senators Ruff, Hackworth [SB 16], and 58.1-439.28,DeSteph [SB 709]) A BILL to amend and reenact §§ 58.1-439.20, 58.1-439.20:1, 58.1-439.25, as it is currently effective andRasand it shall become effective, of the Code of Virginia,Virginia and to amend and reenact the second enactment of Chapter shall 808 of the Acts of Assembly of 2019, relating to income tax credits;
OBe ––––––––––it Denacted Patrons––Ruff,by DeSteph,the HackworthGeneral andAssembly Hanger;of Virginia:
Delegates:1.
Carr,That Ransone§§ 58.1-439.20, 58.1-439.20:1, 58.1-439.25, as it is currently effective and Wrightas ––––––––––it Ushall Referredbecome toof Committeethe onCode Financeof Virginia are amended and Appropriationsreenacted Cas ––––––––––follows:ffective 1.and as it shall become efSective, § 58.1-439.20.
That §§ 58.1-439.20, 58.1-439.20:1, 58.1-439.25, as it is currently effective and as it shall become effective, 58.1-439.26, and 58.1-439.28, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
§ 58.1-439.20.
E A.
Any neighborhood organization may submit a proposal, other than education proposals which shall be applied for and allocated pursuant to the provisions of § 58.1-439.20:1, to the Commissioner of Social Services requesting an allocation of tax credits for use by business firms making donations to the neiThe proposal shall set forth the program to be conducted by the neighborhood organization, the low-income persons to be assisted, the estimated amount to be donated to the program, and the planspTans for implementing the program.
7 B.
The State Board of Social Services is hereby authorized to adopt regulations for the approvalaEproval or disapproval of such proposals by neighborhood organizations and for determining the value of the donations.
2.neighborhood organization shall have been in existence for at least one year.
InAs ordera toprerequisite befor eligibleapproval, toneighborhood receiveorganizations anwith allocationtotal revenues of tax(i) creditsmore pursuantthan $100,000 shall provide to thisthe article,Commissioner aof neighborhoodSocial organizationServices an audit or review for the most recent year or (ii) $100,000 orUless shall haveprovide beento inthe existenceCommissioner of Social Services a compilation for atthe leastmost onerecent year.
AsSuBh aaudit, prerequisitereview, for Commissioner of Social Services an audit or reviewcompilation for the most recent year or (ii) $100,000 or lessthe shall providebe toperformed theby Commissioneran ofindependent Socialcertified Servicespublic aaccountant. compilation for the most recent year.
SuchFor audit,purposes review,of ororganization's compilationmost shallrecent beyear. performed by an independent certified public accountant.
ForNo purposesproposal for an allocation of thistax subdivision,credits "totalshall revenues"be meansuntimely allfiled revenues,solely includingbecause thesuch valueaudit, ofreview, allor donations,compilation forwas thenot 35submitted organization'sby mostthe recentneighborhood year.organization :
No proposal for an allocation of tax credits shall be untimely filed 36 solely because such audit, review, or compilation was not submitted by the neighborhood organization 37 by the proposal filing deadline, provided that the audit, review, or compilation is submitted to the 3837 Commissioner of Social Services within the 30-day period immediately following such deadline.
ofI the38 persons3. served by the neighborhood organization shall be low-income persons, and at least 50t 50 percent percent of the neighborhood organization's revenues shall be used to provide services to low-income persons.
In order to be eligible to receive an allocation of credits pursuant to this article, at Teast 50 percent 39 of the persons served by the neighborhood organization shall be low-income persons, and at leasU 50 persons.of the neighborhood organization's revenues shall be used to provide services to low-income 4.
E However, beginning with tax credit allocations for fiscal year 2016-2017 and thereafter, such requirement for a proposal submitted by a neighborhood organization to the Commissioner of Social Servicesproposal, shallprovided notthat apply(i) in determining the eligibilityneighborhood oforganization theotherwise neighborhoodmeets organizationall submittingstatutory arequirements and regulations, (ii) the neighborhood organization received a fiscal year 2013-2014 allocation ofementsof and neighborhood assistance tax credits, and (iii) no affiliate of the neighborhood organization submits a proposal for or receives an allocation of tax credits pursuant to this article for the program year for which the neighborhood organization has submitted its proposal.
S 5.
The regulations shall provide for the equitable allocation of the available amount of taxtax2credits creditsallocation amongof credits, the approvedCommissioner proposalsof submittedSocial byServices shall consider the portion of a neighborhood organizations.organization's revenues and expenses that are used to serve low-income persons and shall not rely solely on the amount of credits allocated to the neighborhood organization in the prior year in allocating available credits.
In makingallocating such equitable allocation of credits, the Commissioner of Social Services or the Superintendent of Public Instruction shall consider the portionpast performance of a neighborhood organization'sorganizations revenuesthat andhave expensesreceived thatallocations areof usedcredits, toincluding review of creditsperformance allocatedmetrics, tosuccess thein neighborhoodreaching organizationSB27S1 in2 theof prior11 yeartargeted ingoals, allocatingor availableother credits.measures of accountability that may be established by regulations or guidelines.
In SB27 2 of 11 allocating credits, the Commissioner of Social Services or the Superintendent of Public Instruction shall consider the past performance of neighborhood organizations that have received allocations of credits, including review of performance metrics, success in reaching targeted goals, or other measures of accountability that may be established by regulations or guidelines.
No proposal for an allocation of tax credits shall be untimely filed of 11 solely because such audit, review, or compilation was not submitted by the neighborhood organization by the proposal filing deadline, provided that the audit, review, or compilation is submitted tIto the Superintendent of Public Instruction within the 30-day period immediately following such deadliNe.deadline.
of 11 of the persons served by the neighborhood organization shall be low-income persons or eligible students percent with disabilities and at least 50 percent of the neighborhood organization's revenues shall be used to provide services to low-income persons or to eligible students with disabilities.
Expenditures Rorfor teacher salaries shall count toward the requirement that at least 50 percent of revenues be used to provide services to low-income persons or to eligible students with disabilities.
Oaffiliates 4.shall meet the requirements of this section and the application guidelines.
InHowever, orderbeginning with tax credit allocations for fiscal year 2014-2015 and ending with tax credit allocations for fiscal year 2019-2020, such requirement for a proposal submitted by a neighborhood organization to bethe approved,Superintendent anof applicantPublic Instruction shall not apply in determining eligibility of the neighborhood organization andsubmitting anythe ofDitsproposal, affiliatesprovided shallthat meet(i) the requirementsneighborhood organization otherwise meets all 2011-2012 allocation of thisneighborhood sectionassistance tax credits, and (iii) no affiliate of the applicationneighborhood guidelines.organization submits a proposal for or receives an allocation of tax credits pursuant to this article for the program year for which the neighborhood organization has submitted its proposal.
However,S beginning5. 2019-2020, such requirement for a proposal submitted by a neighborhood organization to thens foU fiscal year Superintendent of Public Instruction shall not apply in determining eligibility of the neighborhood organization submitting the proposal, provided that (i) the neighborhood organization otherwiseEmeets all statutory requirements and regulations, (ii) the neighborhood organization received a fiscal year 2011-2012 allocation of neighborhood assistance tax credits, and (iii) no affiliate of the neighborhood organization submits a proposal for or receives an allocation of tax credits pursuant to this article for the program year for which the neighborhood organization has submitted its proposal.
The guidelines shall provide for the equitable allocation of the available amount of tax credits among the approved proposals submitted by neighborhood organizations.
In anymaking yearsuch inequitable whichE theneighborhood creditsorganization's availablerevenues amountand ofexpenses taxthat creditsare exceedsused theto previousserve year'slow-income availablepersons amount,andN ateligible leaststudents 10with percentdisabilities ofand theshall excessnot amountrely shallsolely beon allocatedthe toamount qualifiedof programscredits proposedallocated byto the neighborhood organizationsorganization thatin didthe notprior receiveyear any allocations in theallocating precedingavailable year.credits.
IfIn any year in whiAh the available amount of tax credits requestedexceeds the previous year's available amount, at least 10 percent of the excess amount shall be allocated to qualified programs proposed by suchneighborhood organizations tTat did neighborhood organizations is less than 10 percent of the excess amount, the unallocated portioSportion of such 10 percent shall be allocated to qualified programs proposed by other neighborhood organization2.organizations.
If the Superintendent of Public Instruction approves a proposal submitted by a neighbo7hoodneighborhood organization, the organization shall make the allocated tax credit amounts available to business firms making donations to the approved program.
A neighborhood organization shall not assign or transfertransSer ansan allocation of taxPublic creditsInstruction.its to another neighborhood organization without the approval of the Superintendent of2. Public Instruction.
2.Notwithstanding any other provision of law, no more than an aggregate of $0.825 million in tax credits shall be approved in a fiscal year to a neighborhood organization or to a grouping of B neighborhood organization affiliates for all education proposals.
NotwithstandingS any3. other provision of law, no more than an aggregate of $0.825 million in tax credits shall be approved in a fiscal year to a neighborhood organization or to a grouping of neighborhood organization affiliates for all education proposals.
3.If, after the initial allocation of credits to approved proposals, the Department of Education has a organization for a proposal that had been approved for tax credits during the initial allocation, then the Superintendent of Public Instruction shall reallocate the remaining balance of tax credits to such previously approved proposals to the extent that a neighborhood organization can use or allocatT additional tax credits for the previously approved proposal.
If,The after$0.825 themillion initialannual allocationlimitations offor tax credits to approved proposals,to thea Departmentgrouping of Educationneighborhood hasorganization aaffiliates organizationshall be inapplicable for asuch proposalinclude the amount of any tax credits that hadhave been approvedgranted for taxa creditsproposal approved during the initial allocation,allocation thenbut for which the Superintendent of Public Instruction shallreceived reallocatenotice from the remainingneigEborhood balanceorganization ofthat taxit creditswill tonot suchbe previouslyable approved proposals to the extent that a neighborhood organization can use or allocate additionalsuch taxamount credits for the previously approved proposal.
TheD. $0.825 million annual limitations for tax credits approved to a grouping of neighborhood organization affiliates shall be inapplicable for such reallocation of any balance of tax credits.
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The balancetotal amount of tax credits remaininggranted for reallocationprograms shallapproved includeby the amountSuperintendent of anyPublic taxInstruction creditsunder thatthis havearticle beenfor grantedeach fiscal year shall not exceed $9 $12 million for afiscal proposalyear approved201The duringSuperintendent of Public Instruction shall work cooperatively with the initialCommissioner organizationof thatSocial itServices willfor notpurposes beof ableensuring tothat useneighborhood ororganization allocateproposals suchare amountsubmitted forto the approvedproper proposal.hborhoodstate D.agency.
The totalSuperintendent amount of taxPublic creditsInstruction grantedmay forrequest programsthe approvedassistance byof the SuperintendentDepartment of PublicTaxation Instructionfor underpurposes thisof articledetermining whether or not anticipated donations for eachwhich fiscaltax yearcreditsSare shallrequested notby exceeda $9neighborhood $25organization millionlikely forqualify fiscalas yeara 2015-2016charitable 2022donation andunder eachfederal fiscal2ax yearlaws thereafter.andE.
The Superintendent of Public Instruction shall work cooperatively with the Commissioner of Social Services for purposes of ensuring that neighborhood organization proposals are submitted to the proper state agency.
The Superintendent of Public Instruction may request the assistance of the Department of requested by a neighborhood organization likely qualify as a charitable donation under federal tax laws and regulations.
E.
As§ used58.1-439.25. in this article, unless the context requires a different meaning:024) Definitions.
SB27(Applicable 4to oftaxable 11years "Eligiblebeginning pre-kindergartenbefore child"January means1, a2024) childDefinitions. who is (i) a resident of Virginia;
SB27S1 4 of 11 As used in this article, unless the context requires a different meaning:
"Eligible pre-kindergarten child" means a child who is (i) a resident of Virginia;
and (iii) enrolled in, eligible to attend, or attending a nonpublic pre-kindergarten program and whose family (a) does not have an annual household income in excess of 300 percent of the current poverty guidelines or 400 percent of such guidelines in cases in which an individualized education program has been written and finalized for the child in accordance with the federal Individuals with Disabilities Education of 11 Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education;
(b)(b)cation is homeless as defined in 42 U.S.C.
or (c) includes a parent or guardian of the child Ihowho did not graduate from high school, and whose parent or guardian certifies to the scholarship foundaNionfoundation that divisionthe inchild whichwas theunable childto resides.cesobtain services through the Virginia Preschool Initiative in the public school "Eligibledivision student with a disability" means a student (i) for whom an individualized educational program has been written and finalized in accordancewhich with the federalchild Individualsresides. with DisabiliRies Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education;
program has been written and finalized in accordance with the federal Individuals with Disabilities Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education;
D "In-kind services donation" means a donation by a person licensed as a certified public accountant of "Nonpublic pre-kindergarten program" means a pre-kindergarten program that is not operated, directly or indirectly, by a federal, state, or local government entity and that is (i) a preschool program designed for child development and kindergarten preparation that complies with nonpublic school accreditEtionaccreditation requirements administered by the Virginia Council for Private Education pursuant to § 22.1-19;
(ii) participating in Virginia Quality with a current designation of at least Level 3 under such quality rating system;Services pursuant to Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 and implements a curriculuN, of Social professional development program, and coaching model developed and endorsed by a baccalaureate public institution of higher education, as defined in § 23.1-100.
orA (iii) a child day center, as defined in § 63.2-100, that is licensed by the Department of Social Services pursuant to Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 and implements a curriculum, public institution of higher education, as defined in § 23.1-100.d endorsed by a baccalaureate "Poverty guidelines" means the poverty guidelines for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U.S.
Department of Health and Human ServicesT underSer"Qualified theeducational authorityexpenses" ofmeans §scholastic 673(2)assistance ofand theschool-related Omnibustuition Budgetand Reconciliationinstructional Actfees ofand 1981.materials, including textbooks, workbooks, and supplies used solely for E school-related work.
"Qualified"Scholarship educationalfoundation" expenses" means scholastica assistancenonstock, andnonprofit school-relatedcorporation tuitionthat andis S(i) instructionalexempt feesfrom andtaxation materials,under including§ textbooks,501(c)(3) workbooks,of andthe suppliesInternal usedRevenue solelyCode forof 21954, school-relatedas work.amended or renumbered;
7(ii) underapprovedSby §provide 501(c)(3)scholastic ofassistance theor Internalfinancial Revenueaid Codefor the education of 1954,students asresiding amendedin orthetablished renumbered;to Commonwealth.
U "Scholastic assistance" means counseling or supportive services to elementary or secondary school students or their parents in developing a postsecondary academic or vocational education plan, S including college financing options for such students or their parents, provided by a scholarship fou"Student" means a child who is a resident of Virginia and (i) in the current school year has enrolled and attended a public school in the Commonwealth for at least one-half of the year, (ii) approvedfor byonthe school year that immediately preceded his receipt of a scholarship foundation scholarship was enrolledTand attended a public school in the DepartmentCommonwealth for at least one-half of Educationthe year, (iii) is a prior recipient of a scholarship foundation scholarship, (iv) is eligible to enter kindergarten or eligible to enter first scholarship was domiciled in accordancea withstate other than the provisionsCommonwealth and did not attend a nonpublicTion school in the Commonwealth for more than one-half of §the 58.1-439.27;school year.
and"Student" (iii)does establishednot toincludE providean scholasticeligible assistancepre-kindergarten orchild. financial aid for the education of students residing in the Commonwealth.
"Scholastic"Virginia assistance"Quality" means counseling or supportive services to elementary or secondary school students or their parents in developing a postsecondaryquality academicrating orand vocationalimprovement educationsystem plan, including college financing options for suchearly studentschildhood orprograms theiradministered parents, provided by a scholarship fou"Student" means a child who is a resident of Virginia and (i) in thepartnership currentbetween school year has enrolled and attended a public school in the CommonwealthVirginia forEarly atChildhood leastFoundation one-half of the year, (ii) for the school year that immediately preceded his receipt of a scholarship foundation scholarship was enrolled and attended a public school in the CommonwealthOffice for at least one-half of theEarly year,Chi§ (iii)58.1-439.26. is a prior recipient of a scholarship foundation scholarship, (iv) is eligible to enter kindergarten or eligible to enter first grade, or (v) for the school year that immediately preceded his receipt of a scholarship foundation scholarship was domiciled in a state other than the Commonwealth and did not attend a nonpublic eligible pre-kindergarten child.ore than one-half of the school year.
"Student" does not include an "Virginia Quality" means a quality rating and improvement system for early childhood programs administered in partnership between the Virginia Early Childhood Foundation and the Office of Early Childhood Development of the Department of Social Services.
§ 58.1-439.26.
Notwithstanding the provisions of § 30-19.1:11, for taxable years beginning on or after January 1, 2013, but before January 1, 2028, a person shall be eligible to earn a credit against any tax due under ChapterArticle 252 (§ 58.1-250058.1-320 et seq.),seq.) or Article 210 (§ 58.1-262058.1-400 et seq.)seq.), ofChapter 12 (§ 58.1-1200 et sSq.), Chapter 2625 in(§ an58.1-2500 amountet equalseq.), toor 65Article percent2 of(§ the58.1-2620 valueet seq.) of theChapter monetary26 orin marketablean securitiesamount2equal donationto made by the person to a scholarship foundation included on the list published annually by the Department ofofe Education in accordance with the provisions of § 58.1-439.28.
1 No tax credit shall be allowed under this article if the value of the monetarymonetary, or marketable securitiessecurities, or in-kind services donation made by an individual is less than $500.
The maximum aggregate donations of $125,000 for the taxable year for which tax credits SB27S1 6 of 11 may be issued and the minimum required donation of $500 shall apply on an individual basis.
Such limitation on the maximum SB27 6 of 11 amount of tax credits issued to an individual shall not apply to credits issued to any business entity, including a sole proprietorship.
Tax credits shall be issued to persons making monetarymonetary, or marketable securitiessecurities, or in-kind services donations to scholarship foundations by the Department of Education on a first-come, first-served basis in accordance with procedures established by the Department of Education under the following conditions:
(Applicable to taxable years beginning on and after January 1, 2019, but before January 1, 2024) Guidelines for scholarship foundations.
The required disbursement under this section shall begin with donations received for the periodof January11 1,perB. 2013, through June 30, 2014.
B.By September 30 of each year beginning in 2016, the scholarship foundation shall provide the following information to the Department of Education:
By(i) Septemberthe total number and value of donations received by the foundation during the 12-month period ending on June 30 of eachthe prior calendar year beginningfor inwhich 2016,tax credits were issued by the scholarshipSuperintendent foundationof shallPublic provideInstruction, (ii) the dates when such donations were received, and (iii) the total number and dollar amount of 11qualified followingeducational informationexpenses, toby the Departmentscholarship foundation during the 24-month period ending on June 30 of Education:the current calendarbursed year.
(i)Any thescholarship totalfoundation numberthat andfails valueto ofprovide donationsthis receivedreport by theSeptember foundation during the 12-month period ending on June 30 ofshall, the prior calendar yIar for which tax credits were issued by the Superintendentfirst ofoffense, Publicbe Instruction,required (ii)to thepay datesa when$1,000 Nuchcivil includingpenalty. scholastic assistance and scholarships awarded from tax-credit-derived donations and disbursed by the scholarship foundation during the 24-month period ending on June 30 of the current calendar year.
AnySuch scholarshipcivil foundationpenalty thatshall failsbe toremitted provideby thisthe reportscholarship byfoundation Septemberto 30the shall,Department forof tReEducation firstby offense,November be1 requiredof tothe paysame ayear $1,000and civildeposited penalty.to the general fund.
SuchFor civila penaltysecond shalloffense bewithin remitteda byfive-year period, the scholarship foundation toshall thebe Departmentpreauthorization offor Educationadditional bytax Novembercredits, 1nor ofshall theit samebe yearentitled andto depositedreceive toand theadminister Oadditional generaltax-credit-derived fund.funds.
ForAfter atwo secondyears, offensethe withinscholarship afoundation five-yearshall period,be theeligible scholarshipto foundationreapply shallto Debe removedincluded fromon the annual list published pursuant to thisreceive section and shalladminister nottax-credit bederived entitled to request tax-credit-derived funds.
AfterIf twoa years, the scholarship foundation shallis authorized to be eligibleadded to reapplythe toannual beallist includedafter onsuch reapplication, the annualscholarship listfoundation shall not be considered to receivehave andany administerprevious tax-creditoffenses derivedfor funds.purposes of this subsection.
IfE aprovide scholarshipscholarships foundationfor isqualified authorizededucational toexpenses beonly added to thestudents whose family's annual listNousehold afterincome suchis reapplication,not in excess of 300 percent of the scholarshipcurrent foundatiEnpoverty shallguidelines, noteligible bestudents consideredwith toa havedisability anywhose previousfamily's offensesannual forhousehold purposesincome is not in excess of this400 subsection.percent of the currenA poverty guidelines, or eligible pre-kindergarten children;
C.
In awarding scholarships from tax-credit-derived funds, the scholarship foundation shall (i) provide scholarships for qualified educational expenses only to students whose family's annual household income is not in excess of 300 percent of the current poverty guidelines, eligible students with a guidelines, or eligible pre-kindergarten children;
and (iii) comply with Title VI of the Civil Rights Act of 1964,1964T as amended.shall be by individual warrant or check made payable to and mailed to the eligible school that the parent or legal guardian of the student or eligible student with a disability indicates.
PaymentIn ofmailing scholarshipssuch fromscholarship tax-credit-derivedpayments, funds by the eligible scholarship foundation shall beinclude bya individualwritten warrantnotice or check made payable to and mailed to the eligible school that the parentsource orof legalthe guardianscholarship ofwas thedonations studentmade orby eligiblepersons studentreceiving withtax acredits disabilityfor indicates.the same pursuant to this article.
InS mailinga suShdisability scholarshipto payments,which thetax-credit-derived eligiblefunds scholarshipmay foundationbe shallpaid include(i) aare writtenin noticecompliance towith the2eligiblethele schoolstudents thatwith theCommonwealth's sourceand oflocality's thehealth scholarshipand wassafety donationslaws madeand bycodes; persons receiving tax credits f7r the samD.
1.
Scholarship foundations shall ensure that schools selected by students or eligible students with a disability to which tax-credit-derived funds may be paid (i) are in compliance with the Commonwealth's and locality's health and safety laws and codes;
and (iv) are (a) for students in grades K through 12, nonpublic schools that comply with nonpublic schoolSchool accreditation requirements as set forth in § 22.1-19 and administered by the Virginia Council for Private Educationof scholarship students or nonpubliceligible schoolsstudents thatwith maintaina andisability assessmentin systemreading thatand annuallymath measuresusing thea progressnationalss norm-referenced achievement test, including but not limited to the Stanford Achievement Test, California Achievement Test, and Iowa Test of Basic Skills and (b) for eligible pre-kindergarten children,children,T nonpublic pre-kindergarten programs.
Each nonpublic pre-kindergarten program shall (i) provide to the eligible pre-kindergarten child a curriculumStandards thatfor isFour-Year-Olds alignedas withpublished Virginia'sby Foundationthe BlocksDepartment forof EarlyEducation, Learning:or any successor standards published by the Department of Education;
Comprehensive(ii) Standardshave formaximum Four-Year-Oldsclass assizes publishedof by20 thestudents Departmentwith ofa Education,E orteacher-student anyratio successorof standardsnot publishedfewer bythan thetwo Departmentteachers offor Education;every 20 students;
(ii)(iii) haveprovide maximumat classleast sizeshalf-day of 20 students with a services and operate for at least the school year;
(iv) agree to provide the Department of Education withaywith student information for each eligible pre-kindergarten child receiving a scholarship foundation scholarship for purposes of allowing the Department of Education to conduct studies comparing the academic performance of such children while attending primary or secondary school with other children attending primary or secondary school who have attended a pre-kindergarten program, including programs funded under the Virginia Preschool Initiative;
and (v) require professional development of program teachers, which enables such teachers to engage in high-quality interactions with eligibleeligiSle describedpre-kindergarten underchildren clauseand (i).provide high-quality instruction in accordance with the curriculu2 earned a certificate from a nationally recognized early childhood education certificate program, including but not limited to any early childhood education program provided or sponsored by the Virginia 1 Community College System.
EachIn nonpublicawarding pre-kindergartenscholarships programto teachereligible atpre-kindergarten achildren, minimumscholarship foundations shall haveaward earnedscholarships afrom certificatetax-credit-derived fromfunds aonly nationallyto recognizedsuch earlychildren childhoodwho educationare certificateenrolled program,in includingor butattending notnonpublic limitedpre-kindergarten toprograms anythat earlymeet childhoodthe educationconditions programof providedthis orsubdivision sponsoredas certified by the SB27S1 8 of 11 Virginia CommunityCouncil Collegefor System.Private Education or the Virginia Early Childhood Foundation.
In3. awarding scholarships to eligible pre-kindergarten children, scholarship foundations shall award scholarships from tax-credit-derived funds only to such children who are enrolled in or attending nonpublic pre-kindergarten programs that meet the conditions of this subdivision as certified by the Vir3.
Eligible schools shall compile the results of any national norm-referenced achievement test for SB27 8 of 11 each of its students or eligible students with a disability receiving tax-credit-derived scholarships and shall provide the respective parents or legal guardians of such students or eligible students with a disability with a copy of the results on an annual basis, beginning with the first year of testing of the student or eligible student with a disability.
The Department of Education may periodically require a qualified of 11 foundation continues to submitmeet updatedthe orrequirements additionalof informationthis forarticle.poses purposes of determining whether or not the foundationJ. continues to meet the requirements of this article.
Actions of 11the J.Superintendent of Public Instruction or the Department of Education relating to the awarding of tax credits under this article and the qualification of scholarship foundations shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
ActionsDecisions of the Superintendent of Public Instruction or the Department of Education relatingwith respect to the awarding of tax creditsconstitute undera thiscase articledecision, andas thedefined qualificationin of§ scholarship2.2-4001. foundations shaIl be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
DecisionsAny oftaxpayer theor Nscholarship creditsfoundation orshall thehave qualificational ofright scholarshipto foundationsseek shalljudicial bereview finalof andthe notcase subjectdecision toin reviewaccordance orwith appealArticle constitute5 a(§ case2.2-4025 decision,et asseq.) definedof inthe §Administrative 2.2-4001.Process Act.
Any taxpayer or scholarship foundation shall have a right to seek judicial review of the case decision in accordance with Article 5 (§ 2.2-4025 eR seq.) of the Administrative Process Act.
(Applicable to taxable years beginning on and after January 1, 2024) Guidelines for O scholarship foundations.
Ddefined A.in § 58.1-439.25 and included on the list published annually by the Department of Education pursuant to this section, shall disburse an amount at least equal to 90 percent of the value of the donations it receives (for which tax credits were issued under this article) during each 12-month period ending on June 30 by the immediately following June 30 for qualified educational expenses through scholastic assistance or scholarships to eligible students.
AsTax-credit-derived afunds conditionnot used for qualificationsuch by the Department of Education, a scholarship foundation,foundation. as pursuant to this section, shall disburse an amount at least equal to 90 percent of the value of the donations it receives (for which tax credits were issued under this article) during each 12-month period ending on June 30 by the immediately following June 30 for qualified educational expenses throuEh scholastic assistance or scholarships to eligible students.
Tax-credit-derivedAny fundsscholarship notfoundation usedthat forfails to meet such scholasticdisbursal assistancerequiremenN andshall, scholarshipsfor maythe onlyfirst offense, be usedrequired forto pay a civil penalty equal to the administrativedifference expensesbetween 90 percent of the Dvalue scholarshipof foundation.the tax-credit-derived donations it received in the applicable 12-month period and theAamount that was actually disbursed.
AnySuch civil penalty shall be remitted by the scholarship foundation thatto failsthe toDepartment meetof suchEducation disbursalwithin requirement30 shall,days forafter the firstend offense,of bethe requiredone-year period and deposited to paythT aremoved civilfrom penaltythe equalannual list published pursuant to thethis differencesection betweenand 90shall percentnot ofbe theentitled thatto wasrequest actuallypreauthorization disbursed.for additional tax credits, nor shall it be entitled to receive and administer additional tax-credit-derived funds for two years.
SuchAfter civiltwo penaltyyears, shall be remitted by the scholarship foundation toshall thebe Departmenteligible ofto Educationreapply withinto 30be daysincluded afteron the endannual oflist theto one-yearreceive period and depositedadminister totax-credit thederived generalfunds. fund.
ForIf a second offense within a five-year period, the scholarship foundation shallis beauthorized removed from the annual list published pursuant to this section and shall not be entitledadded to requestthe preauthorizationannual forlist additionalafter taxsuch credits,reapplication, nortSe shallsubsection. it be entitled to receive and administerSadditional tax-credit-derived funds for two years.
After two years, the scholarship foundation shall be el2gible to reapply to be included on the annual list to receive and administer tax-credit derived funds.
I7 a scholarship foundation shall not be considered to have any previous offenses for purposes of this subsection.
U B.
(i) the total number and value of donationsdonatioSs received by the foundation during the 12-month period ending on June 30 of the prior calendar year for whichdonations tax credits were issuedreceived, byand (iii) the Superintendenttotal ofnumber Publicand Instruction,dollar (ii)amount theof datesqualified wheneducational suchexpenses, including scholastic assistance and scholarships, awarded from tax-credit-derived donations andexpenses,andI disbursed by the scholarship foundation during the 24-month period ending on June 30 of the currentcurTent calendar year.
Such civil penalty shall be remitted by the scholarship foundation to the Department of Education by November 1 of the same year and deposited to the general fund.
For a second offense within a five-year period, the scholarship foundation shall be removed from the annual list published pursuant to this section and shall not be entitled to requestreEuest preauthorization for additional tax credits, nor shall it be entitled to receive and administer additional tax-credit-derived funds.
After two years, the scholarship foundation shall be eligible to reapply to bealbe included on the annual list to receive and administer tax-credit derived funds.
If a scholarship foundation is authorized to be added to the annual list after such reapplication, the scholarship foundation shall not be considered to have any previous offenses for purposes of this subsection.subsection.cholarship foundation shall not C.
C.In awarding scholarships from tax-credit-derived funds, the scholarship foundation shall (i) provide scholarships for qualified educational expenses only to students whose family's annual household income is not in excess of 300 percent of the current poverty guidelines, eligible students witS a disability, or eligible pre-kindergarten children;
In(ii) awardingnot scholarshipslimit from tax-credit-derived funds, the scholarship foundation shall (i) provide scholarships for qualified educational expenses only to students whose family's annual household income is not in excess of 300o2e percentschool; of the current poverty guidelines, eligible students with a (iii) comply with Title VI of the Civil Rights Act of 1964, as amended.
Payment of scholarships fromhool;
Scholarship foundations shall ensure that schools selected by students to which SB27S1 10 of 11 tax-credit-derived funds may be paid (i) are in compliance with the Commonwealth's and locality's health and safety laws and codes;
(iii) SB27 10 of 11 comply with Title VI of the Civil Rights Act of 1964, as amended;
Each scholarship foundation with total revenues (including the value of all donations) (i) in excess of $100,00011 for the foundation's most recent fiscal year ended shall have an audit or review performed by an independent certified public accountant of the foundation's donations received in such year forford of 11 which tax credits were issued under this article or (ii) of $100,000 or less for the foundation's most accountantrecent offiscal theyear foundation'sended donationsshall receivedhave ina suchcompilation yearperformed forby whichan taxindependent creditscertified werepublic issued under this article.
T foundation qualified under this article.
U J.
Actions of the Superintendent of Public Instruction or the Department of Education relatiCgrelatiSg to the from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
Decisions of theshall be exempt Superintendent of Public Instruction or the Department of Education with respect to the awarding of tax creditsconstitute ora thecase qualificationdecision, ofas scholarshipdefined foundations shall be final and not subject to review or appeal right to seek judicial review of the case decision in accordance§ with2.2-4001. Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
SAny 7taxpayer or scholarship foundation shNll have al right to seek judicial review of the case decision in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
A reenacted as follows:actment of Chapter 808 of the Acts of Assembly of 2019 is amended and T 2.
That the provisions of this act shall apply to taxable years beginning on and after January 1, 2019, but before January 1, 2024.
E S U B S T I T U T E B S 1
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View plain text versions (2)
- Committee Substitute Committee substitute printed 22106056D-S1 Current pdf February 08, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100606D pdf December 22, 2021
Action History
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Tabled in Appropriations (22-Y 0-N)
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Referred to Committee on Appropriations
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Reported from Finance (21-Y 0-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned Finance sub: Subcommittee #1
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Impact statement from TAX (SB27S1)
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Referred to Committee on Finance
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB27S1
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Committee substitute agreed to 22106056D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (38-Y 0-N)
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Passed by for the day
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Incorporates SB709 (DeSteph)
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Committee substitute printed 22106056D-S1
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Reported from Finance and Appropriations with substitute (15-Y 0-N)
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Senate subcommittee amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Impact statement from TAX (SB27)
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Referred to Committee on Finance and Appropriations
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Prefiled and ordered printed; offered 01/12/22 22100606D
Sponsors
- Bill DeSteph · Cosponsor
- T. Travis Hackworth · Cosponsor
- Betsy B. Carr · Cosponsor
- Jr. Thomas C. Wright · Cosponsor
- Margaret B. Ransone · Cosponsor
- Hanger, Emmett W., Jr. · Cosponsor
- Ruff, Frank M., Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 141 not signed on
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Yea |
| James W. Morefield | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | Yea |
| Scott A. Wyatt | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Byron, Kathy J. | — | Yea |
| Joseph P. McNamara | — | Yea |
| Mundon King, Candi | — | Yea |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Robinson, Roxann L. | — | Not Voting |
| Tara A. Durant | — | Yea |
| Vivian E. Watts | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Bill Wiley | — | Yea |
| Byron, Kathy J. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Chris S. Runion | — | Yea |
| Don Scott | — | Yea |
| Elizabeth B. Bennett-Parker | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Mundon King, Candi | — | Yea |
| Murphy, Kathleen | — | Not Voting |
| Orrock, Robert D., Sr. | — | Yea |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Tara A. Durant | — | Yea |
| Vivian E. Watts | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
Subjects
Frequently asked questions
- What does SB 27 do?
- Income tax credits; Neighborhood Assistance Program and Education Improvement Scholarships. Makes several amendments to expand the availability of the Neighborhood Assistance Program (NAP) and Education Improvement Scholarships Tax Credits (EISTC). The bill increases the limit on NAP credits approved by the Department of Education (DOE) from $9 million to $12 million and provides that the annual allocation of tax credits among neighborhood organizations shall not rely solely on the amount of credits awarded in the previous year. For the EISTC, the bill increases the value of the credit from 65 percent to 70 percent of the value of a donation and allows certified public accountants to receive tax credits for donations of accounting services to scholarship organizations. The bill also retains requirements and guidelines for eligible students with a disability that under current law were scheduled to expire on December 31, 2023. This bill incorporates SB 709.
- Who sponsors SB 27?
- SB 27 is sponsored by Bill DeSteph, T. Travis Hackworth, Betsy B. Carr, Thomas C. Wright, Jr., Ransone, Margaret B., Hanger, Emmett W., Jr., and Ruff, Frank M., Jr..
- What is the current status of SB 27?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 27?
- Track SB 27 free on One Click Politics — get push/email alerts when it moves.
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