Bill Text: IL HB4227 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Invest in Kids Act. Provides that the term "qualified school" also means a non-public school that has been registered with the State Board of Education for at least one year and is currently seeking the status of "Non-public School Recognition" from the State Board of Education under the School Code. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4227 Detail]
Download: Illinois-2017-HB4227-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Invest in Kids Act is amended by changing | |||||||||||||||||||
5 | Section 5 as follows:
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6 | (35 ILCS 40/5) | |||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2024)
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8 | Sec. 5. Definitions. As used in this Act: | |||||||||||||||||||
9 | "Authorized contribution" means the contribution amount | |||||||||||||||||||
10 | that is listed on the contribution authorization certificate | |||||||||||||||||||
11 | issued to the taxpayer.
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12 | "Board" means the State Board of Education.
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13 | "Contribution" means a donation made by the taxpayer during | |||||||||||||||||||
14 | the taxable year for providing scholarships as provided in this | |||||||||||||||||||
15 | Act. | |||||||||||||||||||
16 | "Custodian" means, with respect to eligible students, an | |||||||||||||||||||
17 | Illinois resident who is a parent or legal guardian of the | |||||||||||||||||||
18 | eligible student or students.
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19 | "Department" means the Department of Revenue. | |||||||||||||||||||
20 | "Eligible student" means a child who:
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21 | (1) is a member of a household whose federal adjusted | |||||||||||||||||||
22 | gross income the year before he or she
initially receives a | |||||||||||||||||||
23 | scholarship under this program, as determined by the |
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1 | Department, does not exceed 300% of the federal poverty
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2 | level and, once the child receives a scholarship, does not | ||||||
3 | exceed 400% of the federal poverty
level;
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4 | (2) is eligible to attend a public elementary school or | ||||||
5 | high school in Illinois in the semester immediately | ||||||
6 | preceding the semester for which he or she first receives a | ||||||
7 | scholarship or is
starting school in Illinois for the first | ||||||
8 | time when he or she first receives a scholarship; and
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9 | (3) resides in Illinois while receiving a scholarship. | ||||||
10 | "Family member" means a parent, child, or sibling, whether | ||||||
11 | by whole blood, half blood, or adoption; spouse; or stepchild. | ||||||
12 | "Focus district" means a school district which has a school | ||||||
13 | that is either (i) a school that has one or more subgroups in | ||||||
14 | which the average student performance is at or below the State | ||||||
15 | average for the lowest 10% of student performance in that | ||||||
16 | subgroup or (ii) a school with an average graduation rate of | ||||||
17 | less than 60% and not identified for priority.
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18 | "Necessary costs and fees" includes the customary charge | ||||||
19 | for instruction and use of facilities in general
and the | ||||||
20 | additional fixed fees charged for specified purposes that are | ||||||
21 | required generally of non-scholarship recipients for each | ||||||
22 | academic period for which the scholarship applicant actually | ||||||
23 | enrolls, including costs associated with student assessments, | ||||||
24 | but does not
include fees payable only once and other | ||||||
25 | contingent deposits that are refundable in whole or in part. | ||||||
26 | The Board may prescribe, by rules consistent with this Act, |
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1 | detailed provisions concerning the computation of necessary | ||||||
2 | costs and fees.
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3 | "Scholarship granting organization" means an entity that:
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4 | (1) is exempt from taxation under Section 501(c)(3) of | ||||||
5 | the Internal Revenue Code;
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6 | (2) uses at least 95% of the qualified contributions | ||||||
7 | received during a taxable year for scholarships;
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8 | (3) provides scholarships to students according to the | ||||||
9 | guidelines of this Act;
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10 | (4) deposits and holds qualified contributions and any | ||||||
11 | income derived from qualified contributions
in an account | ||||||
12 | that is separate from the organization's operating fund or | ||||||
13 | other funds until such qualified contributions or income | ||||||
14 | are withdrawn for use; and
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15 | (5) is approved to issue certificates of receipt.
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16 | "Qualified contribution" means the authorized contribution | ||||||
17 | made by a taxpayer to a scholarship granting organization for | ||||||
18 | which the taxpayer has received a certificate of receipt from | ||||||
19 | such organization.
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20 | "Qualified school" means a non-public school located in | ||||||
21 | Illinois and recognized by the Board pursuant to Section | ||||||
22 | 2-3.25o of the School Code.
"Qualified school" also means a | ||||||
23 | non-public school located in Illinois that has been registered | ||||||
24 | with the Board for at least one year and is currently seeking | ||||||
25 | the status of "Non-public School Recognition" from the Board | ||||||
26 | under Section 2-3.25o of the School Code. |
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1 | "Scholarship" means an educational scholarship awarded to | ||||||
2 | an eligible student to attend a qualified school
of their | ||||||
3 | custodians' choice in an amount not exceeding the necessary | ||||||
4 | costs and fees to attend that school.
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5 | "Taxpayer" means any individual, corporation, partnership, | ||||||
6 | trust, or other entity subject to the Illinois income tax. For | ||||||
7 | the purposes of this Act, 2 individuals filing a joint return | ||||||
8 | shall be considered one taxpayer.
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9 | (Source: P.A. 100-465, eff. 8-31-17.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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