Florida 2021 Regular Session Status: Enacted

HB 3 — Home Book Delivery for Elementary Students

Last action — Chapter No. 2021-193

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Home Book Delivery for Elementary Students; Provides credits against specified taxes under New Worlds Reading Initiative Tax Credit; revises order in which corporate income tax credit under the Initiative is applied; revises definition of "adjusted federal income;" revises specified corporate income tax calculation; provides Initiative, DOE, DOR, administrator, school district, & tax credit requirements; provides for a specified cooperative agreements.

Bill Text

What changed in the latest version

216 added · 723 removed

216 line(s) added, 723 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 A bill to be entitled An act relating to home book delivery for elementary students;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 A bill to be entitled An act relating to home book delivery for elementary students;
creating ss.
211.0252 and 212.1833, F.S.;
providing credits against oil and gas production taxes and sales taxes payable by direct pay permitholders, respectively, under the New Worlds Reading Initiative Tax Credit;
specifying requirements and procedures for, and limitations on, the credits;
amending s.
220.02, F.S.;
revising the order in which tax credits against the corporate income tax credit or the franchise tax are applied;
amending s.
220.13, F.S.;
revising the definition of the term "adjusted federal income";
amending s.
220.186, F.S.;
revising the calculation of the corporate income tax credit for the Florida alternative minimum tax;
220.1876, F.S.;
providing a credit against the corporate income tax under the New Worlds Reading Initiative Tax Credit;
specifying requirements and procedures for, and limitations on, the credit;
creating ss.
561.1212 and 624.51056, F.S.;
providing credits against excise taxes on certain alcoholic beverages and the insurance premium tax, respectively, under the New Worlds Initiative Tax Credit;
specifying requirements and procedures for, and limitations on, the credits;
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 creating s.
providing definitions;
requiring the department to contract with a state university to administer the initiative;
providing definitions;
providing duties of the department and administrator;
providing duties of the administrator;
requiring the administrator to annually submit an audit report;
requiring the administrator to maintain specified accounts for program funds;
providing spending requirements;
requiring the administrator to provide a certificate of contribution in certain circumstances;
establishing a tax credit cap amount;
authorizing a taxpayer to apply for a tax credit;
providing requirements for the application;
specifying a limitation on, and application procedures for, the tax credit;
specifying requirements and procedures for, Page 2 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 and restrictions on, the carryforward, conveyance, transfer, assignment, and rescindment of credits;
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specifying requirements and procedures for the Department of Revenue;
requiring school districts to partner with certain entities;
requiring school districts raise awareness of the initiative;
requiring school districts raise awareness of Page 1 of 8 CODING:
authorizing the Department of Revenue, the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, and the Department of Education to develop a cooperative agreement and adopt rules;
Words stricken are deletions;
words underlined are additions.
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 the initiative;
requiring that books be delivered at no cost to families;
authorizing the Department of Education to contract with a third-party entity;
providing requirements for such third-party entity;
authorizing the Department of Revenue to adopt emergency rules;
The Legislature finds that the ability to read Page 3 of 26 CODING:
The Legislature finds that the ability to read is fundamental to a productive, fulfilling, culturally rewarding, and civically engaged life.
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words underlined are additions.
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 is fundamental to a productive, fulfilling, culturally rewarding, and civically engaged life.
Section 211.0252, Florida Statutes, is created to read:
Section 1003.485, Florida Statutes, is created Page 2 of 8 CODING:
211.0252 Credit for contributions to the New Worlds Reading Initiative.—Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to the New Worlds Reading Initiative under s.
1003.485 against any tax due under s.
211.02 or s.
211.025.
However, the combined credit allowed under this section and s.
211.0251 may not exceed 50 percent of the tax due on the return on which the credit is taken.
If the combined credit allowed under this section and s.
211.0251 exceeds 50 percent of the tax due on the return, the credit must first be taken under s.
211.0251.
Any remaining Page 4 of 26 CODING:
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 liability must be taken under this section, but may not exceed 50 percent of the tax due.
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 to read:
For purposes of the distributions of tax revenue under s.
1003.485 The New Worlds Reading Initiative.— (1) The New Worlds Reading Initiative is established under the Department of Education to improve literacy skills and instill a love of reading by providing high-quality, free books to students in kindergarten through grade 5 who are reading below grade level.
211.06, the department shall disregard any tax credits allowed under this section to ensure that any reduction in tax revenue received which is attributable to the tax credits results only in a reduction in distributions to the General Revenue Fund.
(2) DEFINITIONS.- As used in this section the term:
Section 1003.485 applies to the credit authorized by this section.
(a) "Administrator" means the Department of Education or a third-party entity contracted to administer the initiative.
Section 3.
(b) "Initiative" means the New Worlds Reading Initiative.
Section 212.1833, Florida Statutes, is created to read:
(3) The administrator shall:
212.1833 Credit for contributions to the New Worlds Reading Initiative.—Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to the New Worlds Reading Initiative under s.
(a) Develop, in consultation with the Just Read, Florida! Office under s.
1003.485 against any tax imposed by the state and due under this chapter from a direct pay permitholder as a result of the direct pay permit held pursuant to s.
1001.215, a selection of high-quality books encompassing diverse subjects and genres for each grade level to be mailed to students in the initiative.
212.183.
(b) Facilitate the distribution of books as provided in paragraph (5)(c) either directly or through an agreement with a book distribution company.
For purposes of the dealer's credit granted for keeping prescribed records, filing timely tax returns, and properly accounting and remitting taxes under s.
(c) Assist local implementation of the initiative by:
212.12, the amount of tax due used to calculate the credit shall include any eligible contribution made to the New Worlds Reading Initiative from a direct pay permitholder.
For purposes of the distributions of tax revenue under s.
212.20, the department shall disregard any tax credits allowed under this section to ensure that any reduction in tax revenue received which is Page 5 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 attributable to the tax credits results only in a reduction in distributions to the General Revenue Fund.
Section 1003.485 applies to the credit authorized by this section.
A dealer who claims a tax credit under this section must file his or her tax returns and pay his or her taxes by electronic means under s.
213.755.
Section 4.
Subsection (8) of section 220.02, Florida Statutes, is amended to read:
220.02 Legislative intent.— (8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order:
those enumerated in s.
631.828, those enumerated in s.
220.191, those enumerated in s.
220.181, those enumerated in s.
220.183, those enumerated in s.
220.182, those enumerated in s.
220.1895, those enumerated in s.
220.195, those enumerated in s.
220.184, those enumerated in s.
220.186, those enumerated in s.
220.1845, those enumerated in s.
220.19, those enumerated in s.
220.185, those enumerated in s.
220.1875, those enumerated in s.
220.1876, those enumerated in s.
220.193, those enumerated in s.
288.9916, those enumerated in s.
220.1899, those enumerated in s.
220.194, and those enumerated in s.
220.196.
Section 5.
Paragraph (a) of subsection (1) of section 220.13, Florida Statutes, is amended to read:
220.13 "Adjusted federal income" defined.— Page 6 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 (1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s.
220.131, for the taxable year, adjusted as follows:
(a) Additions.—There shall be added to such taxable income:
1.a.
The amount of any tax upon or measured by income, excluding taxes based on gross receipts or revenues, paid or accrued as a liability to the District of Columbia or any state of the United States which is deductible from gross income in the computation of taxable income for the taxable year.
b.
Notwithstanding sub-subparagraph a., if a credit taken under s.
220.1875 or s.
220.1876 is added to taxable income in a previous taxable year under subparagraph 11.
and is taken as a deduction for federal tax purposes in the current taxable year, the amount of the deduction allowed shall not be added to taxable income in the current year.
The exception in this sub- subparagraph is intended to ensure that the credit under s.
220.1875 or s.
220.1876 is added in the applicable taxable year and does not result in a duplicate addition in a subsequent year.
2.
The amount of interest which is excluded from taxable income under s.
103(a) of the Internal Revenue Code or any other federal law, less the associated expenses disallowed in the Page 7 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 computation of taxable income under s.
265 of the Internal Revenue Code or any other law, excluding 60 percent of any amounts included in alternative minimum taxable income, as defined in s.
55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s.
220.11(3).
3.
In the case of a regulated investment company or real estate investment trust, an amount equal to the excess of the net long-term capital gain for the taxable year over the amount of the capital gain dividends attributable to the taxable year.
4.
That portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s.
220.181.
This subparagraph shall expire on the date specified in s.
290.016 for the expiration of the Florida Enterprise Zone Act.
5.
That portion of the ad valorem school taxes paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s.
220.182.
This subparagraph shall expire on the date specified in s.
290.016 for the expiration of the Florida Enterprise Zone Act.
6.
The amount taken as a credit under s.
220.195 which is deductible from gross income in the computation of taxable income for the taxable year.
7.
That portion of assessments to fund a guaranty association incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year.
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 8.
In the case of a nonprofit corporation which holds a pari-mutuel permit and which is exempt from federal income tax as a farmers' cooperative, an amount equal to the excess of the gross income attributable to the pari-mutuel operations over the attributable expenses for the taxable year.
9.
The amount taken as a credit for the taxable year under s.
220.1895.
10.
Up to nine percent of the eligible basis of any designated project which is equal to the credit allowable for the taxable year under s.
220.185.
11.
Any The amount taken as a credit for the taxable year under s.
220.1875 or s.
220.1876.
The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax.
This addition is not intended to result in adding the same expense back to income more than once.
12.
The amount taken as a credit for the taxable year under s.
220.193.
13.
Any portion of a qualified investment, as defined in s.
288.9913, which is claimed as a deduction by the taxpayer and taken as a credit against income tax pursuant to s.
288.9916.
14.
The costs to acquire a tax credit pursuant to s.
288.1254(5) that are deducted from or otherwise reduce federal taxable income for the taxable year.
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 15.
The amount taken as a credit for the taxable year pursuant to s.
220.194.
16.
The amount taken as a credit for the taxable year under s.
220.196.
The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax.
The addition is not intended to result in adding the same expense back to income more than once.
Section 6.
Subsection (2) of section 220.186, Florida Statutes, is amended to read:
220.186 Credit for Florida alternative minimum tax.— (2) The credit pursuant to this section shall be the amount of the excess, if any, of the tax paid based upon taxable income determined pursuant to s.
220.13(2)(k) over the amount of tax which would have been due based upon taxable income without application of s.
220.13(2)(k), before application of this credit without application of any credit under s.
220.1875 or s.
220.1876.
Section 7.
Section 220.1876, Florida Statutes, is created to read:
220.1876 Credit for contributions to the New Worlds Reading Initiative.— (1) For taxable years beginning on or after January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to the New Worlds Reading Initiative under s.
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 1003.485 against any tax due for a taxable year under this chapter after the application of any other allowable credits by the taxpayer.
An eligible contribution must be made to the New Worlds Reading Initiative on or before the date the taxpayer is required to file a return pursuant to s.
220.222.
The credit granted by this section shall be reduced by the difference between the amount of federal corporate income tax, taking into account the credit granted by this section, and the amount of federal corporate income tax without application of the credit granted by this section.
(2) A taxpayer who files a Florida consolidated return as a member of an affiliated group pursuant to s.
220.131(1) may be allowed the credit on a consolidated return basis;
however, the total credit taken by the affiliated group is subject to the limitation established under subsection (1).
(3) Section 1003.485 applies to the credit authorized by this section.
(4) If a taxpayer applies and is approved for a credit under s.
1003.485 after timely requesting an extension to file under s.
220.222(2):
(a) The credit does not reduce the amount of tax due for purposes of the department's determination as to whether the taxpayer was in compliance with the requirement to pay tentative taxes under ss.
220.222 and 220.32.
(b) The taxpayer's noncompliance with the requirement to Page 11 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 pay tentative taxes shall result in the revocation and rescindment of any such credit.
(c) The taxpayer shall be assessed for any taxes, penalties, or interest due from the taxpayer's noncompliance with the requirement to pay tentative taxes.
Section 8.
Section 561.1212, Florida Statutes, is created to read:
561.1212 Credit for contributions to the New Worlds Reading Initiative.—Beginning January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to the New Worlds Reading Initiative under s.
1003.485 against any tax due under s.
563.05, s.
564.06, or s.
565.12, except excise taxes imposed on wine produced by manufacturers in this state from products grown in this state.
However, a credit allowed under this section may not exceed 90 percent of the tax due on the return on which the credit is taken.
For purposes of the distributions of tax revenue under ss.
561.121 and 564.06(10), the division shall disregard any tax credits allowed under this section to ensure that any reduction in tax revenue received which is attributable to the tax credits results only in a reduction in distributions to the General Revenue Fund.
The provisions of s.
1003.485 apply to the credit authorized by this section.
Section 9.
Section 624.51056, Florida Statutes, is created to read:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 624.51056 Credit for contributions to the New Worlds Reading Initiative.— (1) For taxable years beginning on or after January 1, 2022, there is allowed a credit of 100 percent of an eligible contribution made to the New Worlds Reading Initiative under s.
1003.485 against any tax due for a taxable year under s.
624.509(1) after deducting from such tax deductions for assessments made pursuant to s.
440.51, credits for taxes paid under ss.
175.101 and 185.08, credits for income taxes paid under chapter 220, and the credit allowed under s.
624.509(5), as such credit is limited by s.
624.509(6).
An eligible contribution must be made to the New Worlds Reading Initiative on or before the date the taxpayer is required to file a return pursuant to ss.
624.509 and 624.5092.
An insurer claiming a credit against premium tax liability under this section is not required to pay any additional retaliatory tax levied under s.
624.5091 as a result of claiming such credit.
Section 624.5091 does not limit such credit in any manner.
(2) Section 1003.485 applies to the credit authorized by this section.
Section 10.
Section 1003.485, Florida Statutes, is created to read:
1003.485 The New Worlds Reading Initiative.— (1) DEFINITIONS.—As used in this section, the term:
(a) "Administrator" means a state university registered Page 13 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 with the department under s.
1002.395(15)(i) and designated to administer the initiative under paragraph (2)(a).
(b) "Annual tax credit amount" means, for any state fiscal year, the sum of the amount of tax credits approved under paragraph (3)(b), including tax credits to be taken under s.
211.0252, s.
212.1833, s.
220.1876, s.
561.1212, or s.
624.51056, which are approved for taxpayers whose taxable years begin on or after January 1 of the calendar year preceding the start of the applicable state fiscal year.
(c) "Department" means the Department of Education.
(d) "Division" means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.
(e) "Eligible contribution" means a monetary contribution from a taxpayer, subject to the restrictions provided in this section, to the administrator.
(f) "Initiative" means the New Worlds Reading Initiative.
(2) NEW WORLDS READING INITIATIVE;
ADMINISTRATION.—The New Worlds Reading Initiative is established under the department to improve literacy skills and instill a love of reading by providing high-quality, free books to students in kindergarten through grade 5 who are reading below grade level.
(a) The department shall:
Designate an administrator to implement the initiative and to receive funding as provided in this section.
Providing assistance to local communities to raise awareness of the initiative, including through the use of partnerships between public libraries and school districts to implement events such as family library nights, library card drives, summer access and activities, and other activities Page 3 of 8 CODING:
The Page 14 of 26 CODING:
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 administrator must have an academic innovation institution with extensive experience in:
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 designed to increase family engagement and instill a love of reading in students.
a.
Conducting academic research in early literacy instruction.
b.
Implementing online delivery of early learning and literacy training for educators nationally.
c.
Developing online support materials that assist parents and caregivers in developing early literacy skills.
d.
Conducting fundraising and public awareness campaigns to support the development and growth of evidence-based educational initiatives that support learning at home and in schools.
Publish information about the initiative and tax credits under subsection (3) on its website, including the process for a taxpayer to select the administrator as the recipient of funding through a tax credit.
Developing and providing marketing materials to school districts and any partnering nonprofit organizations to assist with public awareness campaigns.
3.
(d) Maintain a clearinghouse for information on national, state, and local nonprofit organizations that support efforts to provide books to children.
Beginning September 30, 2022, and annually thereafter, report on its website the number of students participating in the initiative in each school district, information from the annual financial report under subparagraph (b)6., and the academic achievement and learning gains, as applicable, of participating students based on data provided by school districts as permitted under s.
(e) Develop training materials for parents of students in the initiative, including brief video training modules, which engage families in reading and assist with improving student literacy skills.
The administrator shall periodically send, via text message and e-mail, tips for facilitating reading at home and hyperlinks to the video training modules.
91 Beginning September 30, 2022, and annually thereafter, the Department of Education shall report to the President of the Senate, the Speaker of the House of Representatives, and the Commissioner of Education the number of students participating in the initiative in each school district and the academic achievement and learning gains, as applicable, of participating students based on data provided by school districts as permitted under s.
The department shall establish a date by which the administrator and each school district must annually provide the data necessary to complete Page 15 of 26 CODING:
The department shall establish a date by which each school district must annually provide the data necessary to complete the report.
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 the report.
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 (4) Each school district shall participate in the initiative by partnering with local nonprofit organizations, raising awareness of the initiative using marketing materials developed by the administrator, coordinating book delivery, and identifying students and notifying parents pursuant to subsection (5).
(b) The administrator shall:
(5)(a) A student in kindergarten through grade 5 must be provided books through the initiative if the student has a substantial reading deficiency identified under s.
1.
Develop, in consultation with the Just Read, Florida! Office under s.
1001.215, a selection of high-quality books encompassing diverse subjects and genres for each grade level to be mailed to students in the initiative.
2.
Distribute books at no cost to students as provided in paragraph (4)(c) either directly or through an agreement with a book distribution company.
3.
Assist local implementation of the initiative by providing marketing materials to school districts and any partnering nonprofit organizations to assist with public awareness campaigns and other activities designed to increase family engagement and instill a love of reading in students.
4.
Maintain a clearinghouse for information on national, state, and local nonprofit organizations that support efforts to improve literacy and provide books to children.
5.
Develop training materials for parents of students in the initiative, including brief video training modules, which engage families in reading and assist with improving student literacy skills.
The administrator shall periodically send, via text message and e-mail, tips for facilitating reading at home and hyperlinks to the video training modules.
6.
Annually submit to the department an annual financial report that includes, at a minimum, the amount of eligible Page 16 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 contributions received by the administrator;
the amount spent on each activity required by this paragraph, including administrative expenses;
and the number of students and households served under the initiative.
7.
Maintain separate accounts for operating funds and funds for the purchase and delivery of books.
8.
Expend eligible contributions received only for the purchase and delivery of books and to implement the requirements of this section, as well as for administrative expenses not to exceed 2 percent of total eligible contributions.
Notwithstanding s.
1002.395(6)(j)2., the administrator may carry forward up to 25 percent of eligible contributions to the following state fiscal year for purposes authorized by this subsection.
Any eligible contributions in excess of the 25 percent carry forward not used to provide additional books throughout the year to eligible students shall revert to the state treasury.
9.
Upon receipt of a contribution, provide the taxpayer that made the contribution with a certificate of contribution.
A certificate of contribution must include the taxpayer's name and, if available, its federal employer identification number, the amount contributed, the date of contribution, and the name of the administrator.
(3) NEW WORLDS READING INITIATIVE TAX CREDITS;
APPLICATIONS, TRANSFERS, AND LIMITATIONS.— Page 17 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 (a) The tax credit cap amount is $10 million for the 2021- 2022 state fiscal year, $30 million for the 2022-2023 state fiscal year, and $50 million in each state fiscal year thereafter.
(b) Beginning October 1, 2021, a taxpayer may submit an application to the Department of Revenue for a tax credit or credits to be taken under one or more of s.
211.0252, s.
212.1833, s.
220.1876, s.
561.1212, or s.
624.51056.
1.
The taxpayer shall specify in the application each tax for which the taxpayer requests a credit and the applicable taxable year for a credit under s.
220.1876 or s.
624.51056 or the applicable state fiscal year for a credit under s.
211.0252, s.
212.1833, or s.
561.1212.
For purposes of s.
220.1876, a taxpayer may apply for a credit to be used for a prior taxable year before the date the taxpayer is required to file a return for that year pursuant to s.
220.222.
For purposes of s.
624.51056, a taxpayer may apply for a credit to be used for a prior taxable year before the date the taxpayer is required to file a return for that prior taxable year pursuant to ss.
624.509 and 624.5092.
The Department of Revenue shall approve tax credits on a first-come, first-served basis and must obtain the division's approval before approving a tax credit under s.
561.1212.
2.
Within 10 days after approving or denying an application, the Department of Revenue shall provide a copy of Page 18 of 26 CODING:
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hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 its approval or denial letter to the administrator.
(c) If a tax credit approved under paragraph (b) is not fully used within the specified state fiscal year for credits under s.
211.0252, s.
212.1833, or s.
561.1212 or against taxes due for the specified taxable year for credits under s.
220.1876 or s.
624.51056 because of insufficient tax liability on the part of the taxpayer, the unused amount must be carried forward for a period not to exceed 10 years.
For purposes of s.
220.1876, a credit carried forward may be used in a subsequent year after applying the other credits and unused carryovers in the order provided in s.
220.02(8).
(d) A taxpayer may not convey, transfer, or assign an approved tax credit or a carryforward tax credit to another entity unless all of the assets of the taxpayer are conveyed, assigned, or transferred in the same transaction.
However, a tax credit under s.
211.0252, s.
212.1833, s.
220.1876, s.
561.1212, or s.
624.51056 may be conveyed, transferred, or assigned between members of an affiliated group of corporations if the type of tax credit under s.
211.0252, s.
212.1833, s.
220.1876, s.
561.1212, or s.
624.51056 remains the same.
A taxpayer shall notify the Department of Revenue of its intent to convey, transfer, or assign a tax credit to another member within an affiliated group of corporations.
The amount conveyed, transferred, or assigned is available to another member of the affiliated group of corporations upon approval by the Department Page 19 of 26 CODING:
Words stricken are deletions;
words underlined are additions.
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 of Revenue.
The Department of Revenue shall obtain the division's approval before approving a conveyance, transfer, or assignment of a tax credit under s.
561.1212.
(e) Within any state fiscal year, a taxpayer may rescind all or part of a tax credit approved under paragraph (b).
The amount rescinded shall become available for that state fiscal year to another eligible taxpayer approved by the Department of Revenue if the taxpayer receives notice from the Department of Revenue that the rescindment has been accepted by the Department of Revenue.
The Department of Revenue must obtain the division's approval before accepting the rescindment of a tax credit under s.
561.1212.
Any amount rescinded under this paragraph must become available to an eligible taxpayer on a first-come, first- served basis based on tax credit applications received after the date the rescindment is accepted by the Department of Revenue.
(f) Within 10 days after approving or denying the conveyance, transfer, or assignment of a tax credit under paragraph (d), or the rescindment of a tax credit under paragraph (e), the Department of Revenue shall provide a copy of its approval or denial letter to the administrator.
The Department of Revenue shall also include the administrator on all letters or correspondence of acknowledgment for tax credits under s.
212.1833.
(g) For purposes of calculating the underpayment of estimated corporate income taxes under s.
220.34 and tax Page 20 of 26 CODING:
Words stricken are deletions;
words underlined are additions.
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 installment payments for taxes on insurance premiums or assessments under s.
624.5092, the final amount due is the amount after credits earned under s.
220.1876 or s.
624.51056 for contributions to the administrator are deducted.
1.
For purposes of determining if a penalty or interest under s.
220.34(2)(d)1.
will be imposed for underpayment of estimated corporate income tax, a taxpayer may, after earning a credit under s.
220.1876, reduce any estimated payment in that taxable year by the amount of the credit.
2.
For purposes of determining if a penalty under s.
624.5092 will be imposed, an insurer, after earning a credit under s.
624.51056 for a taxable year, may reduce any installment payment for such taxable year of 27 percent of the amount of the net tax due as reported on the return for the preceding year under s.
624.5092(2)(b) by the amount of the credit.
(4) ELIGIBILITY;
NOTIFICATION;
SCHOOL DISTRICT OBLIGATIONS.— (a) A student in kindergarten through grade 5 must be provided books through the initiative if the student has a substantial reading deficiency identified under s.
(b) Each school district shall notify the parent of a student who meets the criteria under paragraph (a) that the Page 21 of 26 CODING:
(b) Each school district shall notify the parent of a student who meets the criteria under paragraph (a) that the student is eligible to receive books at no cost through the New Worlds Reading Initiative and provide the parent with the application form developed by the administrator, which must allow for the selection of specific book topics or genres for the student.
Words stricken are deletions;
words underlined are additions.
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 student is eligible to receive books at no cost through the New Worlds Reading Initiative and provide the parent with the application form developed by the administrator, which must allow for the selection of specific book topics or genres for the student.
However, for the 2021-2022 school year only, delivery may begin no later than December 31, 2021, provided that no fewer than 9 books are delivered to each student before book deliveries begin for the 2022-2023 school year.
(d) At the beginning of each school year, students must be provided options for specific book topics or genres in order to Page 5 of 8 CODING:
(d) At the beginning of each school year, students must be provided options for specific book topics or genres in order to maximize student interest in reading.
(e) A student's eligibility for the initiative continues until promotion to grade 6 or until the student's parent opts out of the initiative.
(f) Each school district shall participate in the initiative by partnering with local nonprofit organizations, raising awareness of the initiative using marketing materials developed by the administrator, coordinating book delivery, and identifying students and notifying parents pursuant to this subsection.
Page 22 of 26 CODING:
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 (g) Each school district shall coordinate with each charter school it sponsors for purposes of identifying eligible students, notifying parents, coordinating book delivery, providing the opportunity to annually select book topics and genres, and raising awareness of the initiative as provided by this section.
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 maximize student interest in reading.
(h) School districts and partnering nonprofit organizations shall raise awareness of the initiative, including information on eligibility and video training modules under subparagraph (2)(b)5., through, at least, the following:
(e) A student's eligibility for the initiative continues until promotion to grade 6 or until the student's parent opts out of the initiative.
1.
(6) School districts and partnering nonprofit organizations shall raise awareness of the initiative, including information on eligibility and video training modules under paragraph (3)(e), through, at least, the following:
The student handbook and the read-at-home plan under s.
(a) The student handbook and the read-at-home plan under s.
2.
(b) A parent or curriculum night or separate initiative awareness event at each elementary school.
A parent or curriculum night or separate initiative awareness event at each elementary school.
(c) Partnering with the county library to host awareness events, which should coincide with other initiatives such as library card drives and other family engagement programming.
3.
(7) Books must be provided under this section at no cost to families.
Partnering with the county library to host awareness events, which should coincide with other initiatives such as library card drives, family library nights, summer access events, and other family engagement programming.
(8) If the department contracts with a third-party entity to act as administrator, the entity must be capable of coordinating statewide marketing, dissemination of books, and development of video training modules, as well as completing all other duties of the administrator.
(5) ADMINISTRATION;
Section 3.
RULES.— (a) The Department of Revenue, the division, and the Department of Education may develop a cooperative agreement to assist in the administration of this section, as needed.
(b) The Department of Revenue may adopt rules necessary to administer this section and ss.
211.0252, 212.1833, 220.1876, 561.1212, and 624.51056, including rules establishing Page 23 of 26 CODING:
Words stricken are deletions;
words underlined are additions.
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 application forms, procedures governing the approval of tax credits and carryforward tax credits under subsection (3), and procedures to be followed by taxpayers when claiming approved tax credits on their returns.
(c) The division may adopt rules necessary to administer its responsibilities under this section and s.
561.1212.
(d) The Department of Education may adopt rules necessary to administer this section.
(e) Notwithstanding any provision of s.
213.053 to the contrary, sharing information with the division related to this tax credit is considered the conduct of the Department of Revenue's official duties as contemplated in s.
213.053(8)(c), and the Department of Revenue and the division are specifically authorized to share information as needed to administer this section.
Section 11.
student support;
student Page 6 of 8 CODING:
reporting requirements.— (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— (c) The parent of any student who exhibits a substantial deficiency in reading, as described in paragraph (a), must be notified in writing of the following:
1.
That his or her child has been identified as having a substantial deficiency in reading, including a description and Page 24 of 26 CODING:
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 explanation, in terms understandable to the parent, of the exact nature of the student's difficulty in learning and lack of achievement in reading.
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 support;
reporting requirements.— (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— (c) The parent of any student who exhibits a substantial deficiency in reading, as described in paragraph (a), must be notified in writing of the following:
1.
That his or her child has been identified as having a substantial deficiency in reading, including a description and explanation, in terms understandable to the parent, of the exact nature of the student's difficulty in learning and lack of achievement in reading.
That the statewide, standardized English Language Arts assessment is not the sole determiner of promotion and that additional evaluations, portfolio reviews, and assessments are available to the child to assist parents and the school district in knowing when a child is reading at or above grade level and ready for grade promotion.
That the statewide, standardized English Language Arts assessment is not the sole determiner of promotion and that additional evaluations, portfolio reviews, and assessments are Page 7 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
hb0003-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2021 available to the child to assist parents and the school district in knowing when a child is reading at or above grade level and ready for grade promotion.
A parent of a Page 25 of 26 CODING:
A parent of a student in grade 3 who is identified anytime during the year as being at risk of retention may request that the school immediately begin collecting evidence for a portfolio.
Words stricken are deletions;
words underlined are additions.
hb0003-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 3 2021 student in grade 3 who is identified anytime during the year as being at risk of retention may request that the school immediately begin collecting evidence for a portfolio.
Section 12.
Section 4.
The Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under s.
120.54(4), Florida Statutes, for the purpose of implementing provisions related to the New Worlds Reading Initiative Tax Credit created by this act.
Notwithstanding any other law, emergency rules adopted under this section are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.
Section 13.
Page 26 of 26 CODING:
Page 8 of 8 CODING:
hb0003-02-c2
hb0003-01-c1
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Action History

  1. Chapter No. 2021-193

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. CS passed; YEAS 40 NAYS 0

  7. Read 3rd time

  8. Read 2nd time

  9. Substituted for CS/SB 1372

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Appropriations

  12. Received

  13. Referred to Appropriations

  14. In Messages

  15. CS passed; YEAS 114, NAYS 0

  16. Read 3rd time

  17. Added to Third Reading Calendar

  18. Placed on 3rd reading

  19. Read 2nd time

  20. 1st Reading (Committee Substitute 2)

  21. Bill added to Special Order Calendar (4/20/2021)

  22. Bill referred to House Calendar

  23. CS Filed

  24. Laid on Table under Rule 7.18(a)

  25. Reported out of Education & Employment Committee

  26. Favorable with CS by Education & Employment Committee

  27. Added to Education & Employment Committee agenda

  28. Removed from Meeting Agenda of Education & Employment Committee

  29. Added to Education & Employment Committee agenda

  30. Now in Education & Employment Committee

  31. Referred to Education & Employment Committee

  32. 1st Reading (Committee Substitute 1)

  33. CS Filed

  34. Laid on Table under Rule 7.18(a)

  35. Reported out of PreK-12 Appropriations Subcommittee

  36. 1st Reading (Original Filed Version)

  37. Favorable with CS by PreK-12 Appropriations Subcommittee

  38. PCS added to PreK-12 Appropriations Subcommittee agenda

  39. Now in PreK-12 Appropriations Subcommittee

  40. Reported out of Early Learning & Elementary Education Subcommittee

  41. Favorable by Early Learning & Elementary Education Subcommittee

  42. On Committee agenda-- Early Learning and Elementary Education Subcommittee, 02/04/21, 12:00 pm, Webster Hall

  43. Referred to Early Learning and Elementary Education Subcommittee; PreK-12 Appropriations Subcommittee; Education and Employment Committee

  44. Filed

Sponsors

  • Education and Employment Committee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Education and Employment Committee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 22000
Democrat 4000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Thurston — Yea
Brandes — Yea
Torres — Yea
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 114 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 52002
Republican 43003
Democrat 19001
Total 114006
% of votes cast 95%0%0%5%
How each member voted (120)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Geller — Yea
Altman — Yea
Goff-Marcil — Yea
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Yea
Harding — Yea
Hardy — Yea
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Ingoglia — Yea
Silvers — Yea
Jenne — Yea
Bush — Yea
Byrd — Yea
Killebrew — Yea
Slosberg — Yea
Caruso — Yea
Casello — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Yea
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Yea
McCurdy — Yea
Duran — Yea
Willhite — Yea
Morales — Yea
Williams — Yea
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Brown — Not Voting
Omphroy — Not Voting
Thompson, Geraldine F. "Geri" — Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Daley, Dan Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Not Voting
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Republican 8000
Democrat 2000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Aloupis — Yea
Bell — Yea
Bush — Yea
Fine — Yea
Harding — Yea
Hawkins — Yea
Latvala — Yea
Mariano — Yea
McCurdy — Yea
Morales — Not Voting
Williams — Yea
Arrington, Kristen Aston Democrat Yea
Hunschofsky, Christine Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Borrero, David Republican Yea
LaMarca, Chip Republican Yea
Maney, Patt Republican Yea
McClain, Stan Republican Yea
Trabulsy, Dana Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 5000
Democrat 1000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Aloupis — Yea
Bell — Yea
Bush — Yea
Fetterhoff — Not Voting
Fine — Yea
Hage — Yea
Roach — Yea
Willhite — Yea
Williams — Yea
Bartleman, Robin Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
McClain, Stan Republican Yea
Smith, David Republican Yea
Truenow, Keith L. Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Republican 8000
Democrat 3000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Aloupis — Yea
Fetterhoff — Yea
Hawkins — Yea
Learned — Yea
McCurdy — Yea
Roach — Yea
Williams — Yea
Davis, Tracie Democrat Yea
Hunschofsky, Christine Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Chaney, Linda Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Rodriguez, Ana Maria Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 3 do?
Home Book Delivery for Elementary Students; Provides credits against specified taxes under New Worlds Reading Initiative Tax Credit; revises order in which corporate income tax credit under the Initiative is applied; revises definition of "adjusted federal income;" revises specified corporate income tax calculation; provides Initiative, DOE, DOR, administrator, school district, & tax credit requirements; provides for a specified cooperative agreements.
Who sponsors HB 3?
HB 3 is sponsored by Education and Employment Committee.
What is the current status of HB 3?
This bill has been enacted into law. Introduced January 28, 2021. Enacted.
Where can I track HB 3?
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