LCO No. 5043 1 of 4 General Assembly Committee Bill No. 652 January Session, 2021 LCO No. 5043 Referred to Committee on HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT Introduced by: (HED) AN ACT ESTABLISHING A TAX CREDIT FOR DONATIONS TO THE ROBERTA B. WILLIS SCHOLARSHIP PROGRAM. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective from passage and applicable to income and 1 taxable years commencing on or after January 1, 2021) (a) For income and 2 taxable years commencing on or after January 1, 2021, any taxpayer that 3 donates to the Office of Higher Education for the Roberta B. Willis 4 Scholarship program shall be allowed, pursuant to the provisions of 5 subsection (d) of this section, to claim a credit against the tax imposed 6 under chapter 208 or 229 of the general statutes, other than the liability 7 imposed by section 12-707 of the general statutes. Such credit shall be 8 equal to forty per cent of the total cash amount donated to such 9 scholarship program during the income or taxable year, provided (1) the 10 amount of credit allowed any taxpayer under the provisions of this 11 section for any income or taxable year may not exceed sixty thousand 12 dollars, and (2) no tax credit shall be granted to any taxpayer for a 13 donation of less than five hundred dollars. 14 (b) If the taxpayer is an S corporation or an entity treated as a 15 Committee Bill No. 652 LCO No. 5043 2 of 4 partnership for federal income tax purposes, the shareholders or 16 partners of such taxpayer may be allowed to claim the credit. If the 17 taxpayer is a single member limited liability company that is 18 disregarded as an entity separate from its owner, the limited liability 19 company's owner may be allowed to claim the credit, provided such 20 owner is subject to the tax imposed under chapter 229 of the general 21 statutes. 22 (c) The total amount of credits allowed under this section shall not 23 exceed sixteen million dollars in the first fiscal year and thirty-two 24 million dollars in the second fiscal year and each fiscal year thereafter. 25 (d) (1) To be eligible to claim the credit pursuant to subsection (a) of 26 this section for an income or taxable year, a taxpayer shall apply to the 27 Office of Higher Education in a form and manner prescribed by the 28 executive director of said office. Such application shall contain sufficient 29 information as required by the office, including, but not limited to, 30 notice of the amount of the intended donation to the Roberta B. Willis 31 Scholarship program. 32 (2) Upon receipt of an application, the executive director shall render 33 a decision, in writing, on each completed application not later than 34 thirty days after the date of its receipt by the office. The executive 35 director shall issue a certification letter to the taxpayer indicating that 36 the credit will be available to be claimed by the taxpayer if the executive 37 director finds that (A) the taxpayer donated the intended amount, (B) 38 the donation meets the requirements of this section, and (C) the total 39 amount of credits claimed in any year have not exceeded the limit set 40 forth in subsection (c) of this section. 41 Sec. 2. (NEW) (Effective from passage) (a) There is established an 42 account to be known as the "Roberta B. Willis Scholarship program 43 donation account" which shall be a separate, nonlapsing account within 44 the General Fund. The Office of Higher Education shall deposit into the 45 account any donations received pursuant to section 1 of this act. Moneys 46 in the account shall be expended by said office for the purposes of the 47 Committee Bill No. 652 LCO No. 5043 3 of 4 Roberta B. Willis Scholarship program in accordance with section 10a-48 173 of the general statutes, as amended by this act. 49 (b) Not later than January 1, 2022, and annually thereafter, the Office 50 of Higher Education shall report, in accordance with the provisions of 51 section 11-4a of the general statutes, to the joint standing committees of 52 the General Assembly having cognizance of matters relating to 53 appropriations and the budgets of state agencies and higher education 54 the amount of donations received in the Roberta B. Willis Scholarship 55 program donation account during the preceding calendar year. 56 (c) For the fiscal year commencing July 1, 2022, and for each fiscal 57 year thereafter, the amount appropriated to the Office of Higher 58 Education for the Roberta B. Willis Scholarship program in a state 59 budget act or any even-numbered year adjustments or revisions made 60 to such act shall be reduced by the amount of donations received in the 61 Roberta B. Willis Scholarship program donation account during the 62 preceding calendar year. 63 Sec. 3. Subsection (c) of section 10a-173 of the general statutes is 64 repealed and the following is substituted in lieu thereof (Effective from 65 passage): 66 (c) [Within available appropriations, the] The Roberta B. Willis 67 Scholarship program shall include a need and merit-based grant, a 68 need-based grant and a Charter Oak grant. The need and merit-based 69 grant shall be funded at not less than twenty per cent but not more than 70 thirty per cent of [available appropriations] the total amount of available 71 appropriations and any amount deposited into the Roberta B. Willis 72 Scholarship program donation account, established pursuant to section 73 2 of this act. The need-based grant shall be funded at up to eighty per 74 cent of [available appropriations] such total amount. The Charter Oak 75 grant shall be not less than one hundred thousand dollars of [available 76 appropriations] such total amount. There shall be an administrative 77 allowance based on one-quarter of one per cent of the available 78 appropriations, but not less than one hundred thousand dollars. In 79 Committee Bill No. 652 LCO No. 5043 4 of 4 addition to the amount of the annual appropriation allocated to the 80 regional community-technical colleges under subsection (e) of this 81 section, and to regional community-technical college students under 82 subsection (d) of this section, not less than two and one-half per cent of 83 the annual appropriation shall be allocated to the regional community-84 technical colleges to be used for financial aid purposes. 85 This act shall take effect as follows and shall amend the following sections: Section 1 from passage and applicable to income and taxable years commencing on or after January 1, 2021 New section Sec. 2 from passage New section Sec. 3 from passage 10a-173(c) Statement of Purpose: To establish a tax credit for corporations, affected business entities and individuals that donate to the Roberta B. Willis Scholarship program. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors: SEN. MARONEY, 14th Dist.; REP. TURCO, 27th Dist. S.B. 652