Oklahoma 2024 Regular Session

Oklahoma House Bill HB3974 Compare Versions

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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3974 By: Echols and Waldron of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3974 By: Echols of the House
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32	39		and
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34	41		Daniels of the Senate
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	47	+	COMMITTEE SUBSTITUTE
	48	+
40	49		An Act relating to education scholarships; amending
41	50		68 O.S. 2021, Section 2357.206, as amended by Section
42	51		1, Chapter 49, O.S.L. 2022 (68 O.S. Supp. 2023,
43	52		Section 2357.206), which relates to the Oklahoma
44	53		Equal Opportunity Education Scholarship Act;
45	54		modifying defined term; adding definition for
46		-	~~educational~~ infrastructure fund; and providing a n
	55	+	education infrastructure fund; and providing a n
47	56		effective date.
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52	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
53	62		SECTION 1. AMENDATORY 68 O.S. 2021, Section 2357.206, as
54	63		amended by Section 1, Chapter 49, O.S.L. 2022 (68 O. S. Supp. 2023,
55	64		Section 2357.206), is a mended to read as follows:
56	65		Section 2357.206 A. This act shall be known and may be c ited
57	66		as the "Oklahoma Equal Opportunity Educ ation Scholarship Act".
58	67		B. 1. Except as provided in subsection G of this section,
59	68		after August 26, 2011, there shall be allowed a credit for any
60		-	taxpayer who makes a contribution to an eligible scholarship-
61		-	granting organization.
62		-	The credit shall be equ al to fifty percent (50%) of the total
63		-	amount of contributions made during a taxable year, not to exceed
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	96	+	taxpayer who makes a contribution to an eligible scholarship -
	97	+	granting organization.
	98	+	The credit shall be equ al to fifty percent (50%) of the total
	99	+	amount of contributions made during a taxable year, not to exceed
90	100		One Thousand Dollars ($1,000.00) for single individuals, Two
91	101		Thousand Dollars ($2,000.00) for married individu als filing jointly,
92	102		or One Hundred Thousa nd Dollars ($100,000.00) for any taxpayer w hich
93	103		is a legal business entity including limited and general
94	104		partnerships, corporations, subchapter S corporations and limited
95	105		liability companies, plus any suspended cred its pursuant to
96	106		subparagraph d of paragra ph 2 of subsection I of this section;
97	107		provided, if total credits claimed pursuant to this paragraph exceed
98	108		the cap amount established pursuant to paragraphs 1 and 2 of
99	109		subsection E of this section, the credit shall be equal to the
100	110		taxpayer's proportionate share of the cap for the taxable year, as
101	111		determined pursuant to subsection I of this section.
102	112		2. For any taxpayer who makes a contribution to an eligible
103	113		scholarship-granting organization and makes a written commitment to
104	114		contribute the same amount for an additional year, the credit for
105	115		the first year and the additional year shall be equal to seventy-
106	116		five percent (75%) of the total amount of the contribution made
107	117		during a taxable year, not to e xceed the amounts established in
108	118		paragraph 1 of this subsection for the taxable year in which the
109	119		credit provided in this subsection is claimed. The taxpayer shall
110		-	provide evidence of the written commitment to the Oklahoma Tax
111		-	Commission at the time of filing the refund claim.
112		-	3. The credits authorized pursuant to the provisions of this
113		-	subsection shall be allocable to the partners, shareholders,
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	147	+	provide evidence of the written commitment to the Oklahoma Tax
	148	+	Commission at the time of fi ling the refund claim.
	149	+	3. The credits authorized pursuant to the provisions of this
	150	+	subsection shall be allocable to the partners, shareholders,
140	151		members, or other equity owners of a taxpayer that is authorized to
141	152		be treated as a partnership for purposes of federal income tax
142	153		reporting for the taxable year for which the tax credits authori zed
143	154		by this subsection are claimed on the applicable return, together
144	155		with required schedules, forms or reports of the partners,
145	156		shareholders, members, or other equity owner s of the taxpayer. Tax
146	157		credits which are allocated to such equity owners shall only be
147	158		limited in amount for the income tax return of a natural person or
148	159		persons based upon the limitation of the total credit amount to the
149	160		entity from which the tax credits have been allocated and shall not
150	161		be limited to One Thousand Dollars ($1,000.00) fo r single
151	162		individuals or limited to Two Thousand Dollars ($2,000.00) for
152	163		married persons filing a joint return.
153	164		4. On or before April 30, 2024, and once every two (2) years
154	165		thereafter, such scholarship-granting organization and educational
155	166		improvement grant organization shall electronically submit to the
156	167		Oklahoma Tax Commission, the Governor, President Pro Te mpore of the
157	168		Senate, the Speaker of the House of Representatives, and the chairs
158	169		and vice chairs of the education committees of th e Senate and House
159	170		of Representatives an audited financial statement for the
160		-	organization along with information detailing the benefits,
161		-	successes, or failures of the prog ram, and make publicly available
162		-	on its website the financial state ment and information submitted
163		-	pursuant to this paragraph.
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	198	+	organization along with information detailing the benefits,
	199	+	successes, or failures of the prog ram, and make publicly available
	200	+	on its website the financial state ment and information submitted
	201	+	pursuant to this paragraph.
190	202		C. 1. Except as provided in subsection G of this section,
191	203		after August 26, 201 1, there shall be allowed a credit for any
192	204		taxpayer who makes a con tribution to an eligible educational
193	205		improvement grant organization. Except as otherwise provided by
194	206		paragraph 2 of this subsection, the credit shall be equal to fifty
195	207		percent (50%) of the total amount of contributions made during a
196	208		taxable year, not to exceed One Thousand Dollars ($1,000.00) for
197	209		single individuals, Two Thousand Dollars ($2,000.00) for married
198	210		individuals filing jointly, or One Hundred Thousand Dollars
199	211		($100,000.00) for any taxpayer which is a legal business entity
200	212		including limited and ge neral partnerships, corporations, subchapte r
201	213		S corporations and limited liability companies , plus any suspended
202	214		credits pursuant to subparagraph d of paragraph 2 of subsection I of
203	215		this section; provided, if total credits claimed pu rsuant to this
204	216		paragraph exceed the cap amount established pursuant to paragraphs 3
205	217		and 4 of subsection E of this section, the credit shall be equal to
206	218		the taxpayer's proportionate share of the cap for the taxable year,
207	219		as determined pursuant to subsection I of this section.
208	220		2. For any taxpayer who makes a contribution to an eligible
209	221		educational improvement gran t organization and makes a written
210		-	commitment to contribute the same amount for an additional year, the
211		-	credit for the first year and the additional year shall be equal to
212		-	seventy-five percent (75%) of the total amount of the contribution
213		-	made during a taxable year, not to exceed the cap amount established
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	249	+	commitment to contribute the same amount for an additional year, the
	250	+	credit for the first year and the additional year shall be equal to
	251	+	seventy-five percent (75%) of the total amount of the contribution
	252	+	made during a taxable year, not to exceed the cap amount established
240	253		in paragraphs 3 and 4 of subsection E of this section for the
241	254		taxable year in which the credit provided in this paragraph is
242	255		claimed; provided, if total credits c laimed pursuant to thi s
243	256		paragraph exceed the cap established pursuant to paragraphs 3 and 4
244	257		of subsection E of this section, the credit shall be equal to the
245	258		taxpayer's proportionate share of the cap for the taxable year, as
246	259		determined pursuant to subsection I of this section. The taxpayer
247	260		shall provide evidence of the written commitment to the Oklahoma Tax
248	261		Commission at the time of filing the ref und claim.
249	262		3. The credits authorized pursuant to the provisions of this
250	263		subsection shall be allocable to the partne rs, shareholders,
251	264		members, or other equity owners of a taxpayer that is authorized to
252	265		be treated as a partnership for purposes of federal inc ome tax
253	266		reporting for the taxable year for which the tax credits authorized
254	267		by this subsection are claimed on the ap plicable return, together
255	268		with required schedules, forms, or reports of the partners,
256	269		shareholders, members, or other equity owners of the tax payer. Tax
257	270		credits which are allocated to such equity owners shall only be
258	271		limited in amount for the income tax ret urn of a natural person or
259	272		persons based upon the limitation of the total credit amount to the
260		-	entity from which the tax credits have been a llocated and shall not
261		-	be limited to One Thousand Dollars ($1,000.00) for single
262		-	individuals or limited to Two Thousand Dollars ($2,000.00) for
263		-	married persons filing a joint return.
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	300	+	entity from which the tax credits have been a llocated and shall not
	301	+	be limited to One Thousand Dollars ($1,000.00) for single
	302	+	individuals or limited to Two Thousand Dollars ($2,000.00) for
	303	+	married persons filing a joint return.
290	304		D. 1. For contributions made on or after January 1, 2022,
291	305		there shall be allowed a credit for any taxpayer who makes a
292	306		contribution to an eligible public school foundation or public
293	307		school district. Except as otherwise p rovided by paragraph 2 of
294	308		this subsection, the credit shall be equal to fifty percent (50%) of
295	309		the total amount of contributions made during a taxable year, not to
296	310		exceed One Thousand Dollars ($1,000.00) for single individuals, Two
297	311		Thousand Dollars ($2,000.00) for married individuals filing jointly,
298	312		or One Hundred Thousand Dollars ($100,000.00) for any taxpayer w hich
299	313		is a legal business entity including limited and general
300	314		partnerships, corporations, subchapter S corporations and l imited
301	315		liability companies; provided, if total credits claimed pursuant to
302	316		this paragraph exceed the cap amount established pursuant to
303	317		paragraph 4 of subsection E of this section, the credit shall be
304	318		equal to the taxpayer's proportionate share of the cap for the
305	319		taxable year, as determined pursuant to subsection I of this
306	320		section.
307	321		2. Except as otherwise provided by paragraph 1 of this
308	322		subsection, for any taxpayer who makes a contribution to an eligible
309	323		public school foundation or public school district and makes a
310		-	written commitment to contribute the same amount for an additional
311		-	year, the credit for the first year and the additional yea r shall be
312		-	equal to seventy-five percent (75%) of the total amount of the
313		-	contribution made during a taxable year, not to exceed the cap
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	351	+	written commitment to contribute the same amount for an additional
	352	+	year, the credit for the first year and the additional yea r shall be
	353	+	equal to seventy-five percent (75%) of the total amount of the
	354	+	contribution made during a taxable year, not to exceed the cap
340	355		amount established in paragraph 4 of subsection E of this section
341	356		for the taxable year in which the credit provided in this paragraph
342	357		is claimed. The taxpayer shall provide evidence of the written
343	358		commitment to the Oklahoma Tax Commission at the time of filing the
344	359		refund claim; provided, if total credits claimed pursuant to this
345	360		paragraph exceed the cap amount established pursuant to paragraph 4
346	361		of subsection E of this section, the credit shall be equal to the
347	362		taxpayer's proportionate share of the cap for the t axable year, as
348	363		determined pursuant to subsection I of this section.
349	364		3. The credits authorized pursuant to the pr ovisions of this
350	365		subsection shall be allocable to the partners, shareholders,
351	366		members, or other equity owners of a taxpayer that is authorized to
352	367		be treated as a partnership for purposes of federal income tax
353	368		reporting for the taxable year for which the ta x credits authorized
354	369		by this subsection are claimed on the applicable return, together
355	370		with required schedules, forms, or reports of the partner s,
356	371		shareholders, members, or other equity owners of the taxpayer. Tax
357	372		credits which are allocated to such equity owners shall only be
358	373		limited in amount for the income tax return of a natural person or
359	374		persons based upon the limitation of the total credit a mount to the
360		-	entity from which the tax credits have been allocated and shall not
361		-	be limited to One Thousand Dollars ($1,000.00) for single
362		-	individuals or limited to Two Thousand Dollars ($2,000.00) for
363		-	married persons filing a joint return.
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	402	+	entity from which the tax credits have been allocated and shall not
	403	+	be limited to One Thousand Dollars ($1,000.00) for single
	404	+	individuals or limited to Two Thousand Dollars ($2,000.00) for
	405	+	married persons filing a joint return.
390	406		4. On or before April 30, 2024, and once every four (4) years
391	407		thereafter, such eligible public school foundation and public school
392	408		district shall submit to the Oklahoma Tax Commission, the Governor,
393	409		President Pro Tempore of the Senate, and the Speaker of the House of
394	410		Representatives an audited financial statement for the organization
395	411		along with information detailing the benefits, successes, or
396	412		failures of the progr ams.
397	413		E. Except as otherwise provided pursuant to subsection I of
398	414		this section:
399	415		1. The total credits authorized pu rsuant to subsection B of
400	416		this section for all taxpayers for tax years 2017 through 2021 shall
401	417		not exceed Three Million Five Hundred Thousand Dollars
402	418		($3,500,000.00) annually;
403	419		2. The total credits authorized pursuant to subsection B of
404	420		this section for all taxpayers for tax years 2022 and subsequent tax
405	421		years shall not exceed Twenty-five Million Dollars ( $25,000,000.00)
406	422		annually;
407	423		3. The total credits authorized pursuant to subsection C of
408	424		this section for all taxpayers for tax years 2017 through 2021 shall
409		-	not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00)
410		-	annually;
411		-	4. The total credits authorized pursuant to subsections C and D
412		-	of this section for all taxpayers for tax year 2022 and subsequent
413		-	tax years shall not exceed Twenty-five Million Dollars
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	452	+	not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00)
	453	+	annually;
	454	+	4. The total credits authorized pursuant to subsections C and D
	455	+	of this section for all taxpayers for tax year 2022 and subsequent
	456	+	tax years shall not exceed Twenty-five Million Dollars
440	457		($25,000,000.00) annually. In addition to the cap amount prescribed
441	458		by this paragraph, the credit amount shall also be limited to Two
442	459		Hundred Thousand Dollars ($200,000.00) of credits per public scho ol
443	460		district annually; and
444	461		5. The cap on total credits provided for in this subsection
445	462		shall be allocated by the Tax Commission as provided i n subsection I
446	463		of this section.
447	464		F. For credits claimed for eligible contributions made during
448	465		tax year 2014 and thereafter, a credit shall not be allowed by the
449	466		Oklahoma Tax Commission for contributions made to a scholarship-
450	467		granting organization or an educational improvement grant
451	468		organization if that organization's percentage of funds actually
452	469		awarded is less than ninety percent (90% ). For purposes of this
453	470		section, the "percentage of funds actually awarded" shall be
454	471		determined by dividing the total amount of funds actually awarded as
455	472		educational scholarships or educational improvement grants over the
456	473		most recent twenty-four (24) months by the total amount available to
457	474		award as educational scholarships or educational improvement grants
458	475		over the most recent twenty-four (24) months.
459		-	G. Any tax credits which are earned by a taxpayer pursuant to
460		-	this section during the time period beginn ing August 26, 2011,
461		-	through December 31, 2012, may not be claimed for any period prior
462		-	to the taxable year beginning January 1, 2013. No credits which
463		-	accrue during the ti me period beginning August 26, 2011, through
464	476
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	503	+	G. Any tax credits which are earned by a taxpayer pursuant to
	504	+	this section during the time period beginn ing August 26, 2011,
	505	+	through December 31, 2012, may not be claimed for any period prior
	506	+	to the taxable year beginning January 1, 2013. No credits which
	507	+	accrue during the ti me period beginning August 26, 2011, through
490	508		December 31, 2012, may be used to file an amended tax return for any
491	509		taxable year prior to the taxable year beginning January 1, 2013.
492	510		H. As used in this section:
493	511		1. "Eligible student" means a child of school age who is
494	512		lawfully present in the United States and who is a member of a
495	513		household in which the total annual income during the preceding tax
496	514		year does not exceed an amount equal to three hundred percent (300%)
497	515		of the income standard used to qualify for a fre e or reduced-price
498	516		school lunch or who, during the immediately preceding school year,
499	517		attended or, by virtu e of the location of such student's place of
500	518		residence, was eligible to attend a public school in thi s state
501	519		which has been identified for school imp rovement as determined by
502	520		the State Board of Education pursuant to the re quirements of the No
503	521		Child Left Behind Act of 2001, P.L. No. 107-110. Once a student has
504	522		received an educational scholarship, as defin ed in paragraph 3 of
505	523		this subsection, the studen t and any siblings who are members of the
506	524		same household shall remain eli gible until they graduate from hig h
507	525		school or reach twenty-one (21) years of age, whichever occurs
508	526		first;
509		-	2. "Eligible special needs s tudent" means a child who has been
510		-	provided services under an Individualized Family Service Plan
511		-	through the SoonerStart program and during transition was evaluated
512		-	and determined to be eligible for school district services, a child
513		-	of school age who has atte nded public school in our state with an
514	527
515		-	ENGR. H. B. NO. 3974 Page 11 1
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539	553
	554	+	2. "Eligible special needs s tudent" means a child who has been
	555	+	provided services under an Individualized Family Service Plan
	556	+	through the SoonerStart program and during transition was evaluated
	557	+	and determined to be eligible for school district services, a child
	558	+	of school age who has atte nded public school in our state with an
540	559		individualized education p rogram pursuant to the Individuals With
541	560		Disabilities Education Act, 20 U.S.C.A., Section 1400 et seq., or a
542	561		child who has been diagnosed by a clinical professional as having a
543	562		significant disability that will affect learning and who has been
544	563		approved by the board of a scholarship-granting organization;
545	564		3. "Educational scholarships" means:
546	565		a. scholarships to an eligible student of up to Five
547	566		Thousand Dollars ($5,000.00) or eighty percent (80% )
548	567		of the statewide annual average per-pupil expenditure
549	568		as determined by the National Center for Education
550	569		Statistics, U.S. Department of Education, whichever is
551	570		greater, to cover all or part of the tuition, fees,
552	571		and transportation costs of a qualified sc hool which
553	572		is accredited by the State Board of Education or an
554	573		accrediting association approved by the Board pursuant
555	574		to Section 3-104 of Title 70 of the Oklahoma Statutes,
556	575		b. scholarships to an eligible student of up to Five
557	576		Thousand Dollars ($5,000.00) o r eighty percent (80%)
558	577		of the statewide annual average per -pupil expenditure
559		-	as determined by the National Center for Education
560		-	Statistics, U.S. Department of Education, whichever is
561		-	greater, to cover the educational costs of a qualified
562		-	school which does not charge tuition, which enrolls
563		-	special populations of students, and which is
564	578
565		-	ENGR. H. B. NO. 3974 Page 12 1
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589	604
	605	+	as determined by the National Center for Education
	606	+	Statistics, U.S. Department of Education, whichever is
	607	+	greater, to cover the educational costs of a qualified
	608	+	school which does not charge tuition, which enrolls
	609	+	special populations of students , and which is
590	610		accredited by the State Board of Education or an
591	611		accrediting association approved by the Board pursuant
592	612		to Section 3-104 of Title 70 of the Oklahoma Statutes,
593	613		or
594	614		c. scholarships to an eligible special needs student of
595	615		up to Twenty-five Thousand Dollars ($25,000.00) to
596	616		cover all or part of the tuition, fees, and
597	617		transportation costs of a qualified school for
598	618		eligible special needs students which is accredited by
599	619		the State Board of Education or an accrediting
600	620		association approved by the Board pursu ant to Section
601	621		3-104 of Title 70 of the Oklahoma Statutes;
602	622		4. "Low-income eligible student" means an eligible student or
603	623		eligible special needs student who qualifies for a free or reduced-
604	624		price lunch;
605	625		5. "Qualified school" means an early childhood, ele mentary, or
606	626		secondary private school in this state including schools which
607	627		provide special educational programs for three-year-olds or
608	628		prekindergarten educational programs for four-year-olds, which:
609		-	a. is accredited by the State Board of Education or an
610		-	accrediting association approved by the Board pursuant
611		-	to Section 3-104 of Title 70 of the Oklahoma Statutes,
612		-	b. is in compliance with all applicable health and safety
613		-	laws and codes,
614	629
615		-	ENGR. H. B. NO. 3974 Page 13 1
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	656	+	a. is accredited by the State Board of Education or an
	657	+	accrediting association approved by the Board pursuant
	658	+	to Section 3-104 of Title 70 of the Oklahoma Statutes,
	659	+	b. is in compliance with all applicable health and safety
	660	+	laws and codes,
640	661		c. has a stated policy against discrimination in
641	662		admissions on the basis of race, color, national
642	663		origin, or disability, and
643	664		d. ensures academic accountability to parents and
644	665		guardians of students through regular progress
645	666		reports;
646	667		6. "Qualified school for eligible special needs students" means
647	668		an early childhood, elementary , or secondary private school in a
648	669		county in this state including schools which provide special
649	670		educational programs for three-year-olds or prekindergarten
650	671		educational programs for four-year-olds;
651	672		7. "Scholarship-granting organization" means an organizatio n
652	673		which:
653	674		a. is a nonprofit entity exempt from taxation pursuant to
654	675		the provisions of the Internal Revenue Code, 26
655	676		U.S.C., Section 501(c)(3),
656	677		b. distributes:
657	678		(1) periodic scholarship payments as checks made out
658	679		to an eligible student's or eligible special
659		-	needs student's parent or guardian and mailed to
660		-	the qualified school where the student is
661		-	enrolled, or
662		-	(2) grants to qualified schools for such school's
663		-	educational infrastructure fund,
664	680
665		-	ENGR. H. B. NO. 3974 Page 14 1
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689	706
	707	+	needs student's parent or guardian and mailed to
	708	+	the qualified school where the student is
	709	+	enrolled, or
	710	+	(2) grants to qualified schools for such school's
	711	+	educational infrastructure fund,
690	712		c. spends no more than ten percent (10%) of its annual
691	713		revenue on expenditures other than educational
692	714		scholarships as defined in paragraph 3 of this
693	715		subsection,
694	716		d. spends each year a portion of its expenditures on
695	717		educational scholarships for low-income eligible
696	718		students, as defined in paragraph 4 of this
697	719		subsection, in an amount equal to or greater than t he
698	720		percentage of low-income eligible students in the
699	721		state,
700	722		e. ensures that scholarships are portable during the
701	723		school year and can be used at any qualified school
702	724		that accepts the eligible student or at any qualified
703	725		school for special needs students tha t accepts the
704	726		eligible special needs student,
705	727		f. registers with the Oklahoma Tax Commission as a
706	728		scholarship-granting organization, and
707	729		g. has policies in place to:
708		-	(1) carry out criminal background checks on all
709		-	employees and board members to ensure that no
710		-	individual is involved with the organization who
711		-	might reasonably pose a risk to the appropriate
712		-	use of contributed funds, and
713	730
714		-	ENGR. H. B. NO. 3974 Page 15 1
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738	756
	757	+	(1) carry out criminal background checks on all
	758	+	employees and board members to ensure that no
	759	+	individual is involved with the organization who
	760	+	might reasonably pose a risk to the appropriate
	761	+	use of contributed funds, and
739	762		(2) maintain full and accurate records with respect
740	763		to the receipt of contributions and expenditures
741	764		of those contributions an d supply such records
742	765		and any other documentation required by the Tax
743	766		Commission to demonstrate financial
744	767		accountability;
745	768		8. "Educational infrastructure fund" means an account, held in
746	769		the name of a qualified school , into which grants are deposited for
747	770		the dedicated purposes of construction and maintenance of buildings
748	771		and the purchase of library materials for the qualified school;
749	772		9. "Annual revenue" means the total amount or value of
750	773		contributions received by an organization from taxpayers awarded
751	774		credits during the organization's fiscal year and all amounts earned
752	775		from interest or investments;
753	776		9. 10. "Public school" means public schools as defined in
754	777		Section 1-106 of Title 70 of the Oklahoma Statutes;
755	778		10. 11. "Eligible public school district" means any public
756	779		school;
757		-	11. 12. "Early childhood education program" means a special
758		-	educational program for eligible special n eeds students who are
759		-	three (3) years of age or a prekindergarten educational program
760		-	provided to children who are at least four (4) years of age but not
761		-	more than five (5) years of age on or before September 1;
762	780
763		-	ENGR. H. B. NO. 3974 Page 16 1
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787	806
	807	+	11. 12. "Early childhood education program" means a special
	808	+	educational program for eligible special n eeds students who are
	809	+	three (3) years of age or a prekindergarten educational program
	810	+	provided to children who are at least four (4) years of age but not
	811	+	more than five (5) years of age on or before September 1;
788	812		12. 13. "Innovative educational program" means an advanced
789	813		academic or academic im provement program that is not part of the
790	814		regular coursework of a public school but that enhances the
791	815		curriculum or academic p rogram of the school or provides early
792		-	childhood education programs to students or an improvement to
793		-	educational infrastructure;
	816	+	childhood education programs to students;
794	817		13. 14. "Educational improvement grant" means a grant to an
795	818		eligible public school to implement an innovative educational
796	819		program for students including the ability for multiple public
797	820		schools to make an application and be awarded a grant to jointly
798	821		provide an innovative educational program;
799	822		14. 15. "Educational improvement grant organization" means an
800	823		organization which:
801	824		a. is a nonprofit entity exempt from taxation pursuant to
802	825		the provisions of the Internal Revenue Code, 26
803	826		U.S.C., Section 501(c)(3), and
804	827		b. contributes at least ninety percent (90%) of its
805	828		annual receipts as grants to eligible schools for
806	829		innovative educational programs. For purposes of this
807	830		subparagraph, an educational improvement grant
808		-	organization contributes its annual cash receipts when
809		-	it expends or otherwise irrevocably encumber s those
810		-	funds for expenditure during the then current fiscal
811	831
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836	857
	858	+	organization contributes its annual cash receipts when
	859	+	it expends or otherwise irrevocably encumber s those
	860	+	funds for expenditure during the then current fiscal
837	861		year of the organization or during the next succeeding
838	862		fiscal year of the organization; and
839	863		15. 16. "Eligible public school foundation" means a nonprofit
840	864		entity formed pursuant to the laws of this state and is exempt from
841	865		federal income taxation pursuant to either Section 501(c)(3) or
842	866		Section 509(a) of the Internal Revenue Co de of 1986, as amended.
843	867		Each public school foundation must be approved by the local board of
844	868		education prior to accepting qualifying donations.
845	869		I. Total credits authorized by this section shall be allocated
846	870		as follows:
847	871		1. By January 10 of the year immed iately following each
848	872		calendar year, a scholarship-granting organization, an educational
849	873		improvement grant organization, an eligible public school
850	874		foundation, or public school district which accepts contributions
851	875		pursuant to this sectio n shall provide electronically to the Tax
852	876		Commission information on each contribution accepted during such
853	877		taxable year. At least once each ta xable year, the entity making
854	878		the report shall notify each contributor that Oklahoma law provides
855	879		for a total, statewide cap on the amount of i ncome tax credits
856	880		allowed annually;
857		-	2. a. If the Tax Commission determines the total combined
858		-	credits claimed for contributions made to scholarship-
859		-	granting organizations during the most recently
860		-	completed calendar year by all taxpayers are in excess
861	881
862		-	ENGR. H. B. NO. 3974 Page 18 1
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886	907
	908	+	2. a. If the Tax Commission determines the total combined
	909	+	credits claimed for contributions made to scholarship-
	910	+	granting organizations during the most recently
	911	+	completed calendar year by all taxpayers are in excess
887	912		of the statewide cap amount provided in paragraphs 1
888	913		and 2 of subsection E of this section, the Tax
889	914		Commission shall first allocate any amount of credits
890	915		not claimed for contributions made to organizations
891	916		authorized pursuant to subsections C and D of this
892	917		section, then shall determine the percentage of the
893	918		contribution which establishes the proportionate share
894	919		of the credit which may be claimed by any taxpayer so
895	920		that the total maximum credits authorized by this
896	921		section are not exceeded.
897	922		b. If the Tax Commission determines the t otal combined
898	923		credits claimed for contributions made to
899	924		organizations authorized pursuant to subsections C and
900	925		D of this section during the most recently completed
901	926		calendar year by all taxpayers are in excess of the
902	927		statewide cap amount provided in paragraphs 3 and 4 of
903	928		subsection E of this section, the Tax Commission shall
904	929		first allocate any amount of credits not claimed for
905	930		contributions made to scholarship-granting
906	931		organizations, then shall determine the percentage of
907		-	the contribution which establishes the proportionate
908		-	share of the credit which may be claimed by any
909		-	taxpayer so that the maximum credits authorized by
910		-	this section are not exceeded.
911	932
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936	958
	959	+	the contribution which establishes the proportionate
	960	+	share of the credit which may be claimed by any
	961	+	taxpayer so that the maximum credits authorized by
	962	+	this section are not exceeded.
937	963		c. If the Tax Commission determines the total combined
938	964		credits claimed for contributions made to
939	965		organizations authorized pursuant to subsections C and
940	966		D of this section during the most recently completed
941	967		calendar year by all taxpayers are in excess of the
942	968		per public school district cap pursuant to paragraph 4
943	969		of subsection E of this section, the Tax Commission
944	970		shall first allocate any amount of credits not claimed
945	971		for contributions made to other organizations
946	972		authorized pursuant to subsections C and D of this
947	973		section, then shall determine the percentage of the
948	974		contribution which establishes the proportionate share
949	975		of the credit which may be claimed by any taxpayer so
950	976		that the maximum credits authorized by this section
951	977		are not exceeded.
952	978		d. Beginning for tax year 2016, credits earned, but not
953	979		allowed due to the application o f statewide caps
954	980		provided in subsection E of this section will be
955	981		considered suspended and authorized to be used in the
956		-	next immediate tax year and applied to the next year's
957		-	statewide cap; and
958		-	3. The Tax Commission shall publish the percentage of the
959		-	contribution which may be claimed as a credit by contributors for
960		-	the most recently completed calendar year on the Tax Commission
961	982
962		-	ENGR. H. B. NO. 3974 Page 20 1
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986	1008
	1009	+	next immediate tax year and applied to the next year's
	1010	+	statewide cap; and
	1011	+	3. The Tax Commission shall publish the percentage of the
	1012	+	contribution which may be claimed as a credit by contributors for
	1013	+	the most recently completed calendar year on the Tax Commission
987	1014		website no later than February 15 of each calendar year for
988	1015		contributions made the previous year. Each organization authorized
989	1016		pursuant to subsections B, C, and D of this section shall notify
990	1017		contributors of that amount annually.
991	1018		J. No tax credits authorized by this section shall be used to
992	1019		reduce the tax liability of the taxpayer to less than zero (0).
993	1020		K. Any credits authorized by this section allowed but not used
994	1021		in any tax year may be carried over, in order, to each of the three
995	1022		(3) years following the y ear of qualification.
996	1023		L. 1. In order to qualify under this section, each
997	1024		organization authorized pursuant to subsections C and D of this
998	1025		section shall submit an appl ication with information to the Oklahoma
999	1026		Tax Commission on a form prescribed by the Tax Commission that:
1000	1027		a. enables the Tax Commission to confirm that the
1001	1028		organization is a nonprofit entity exempt from
1002	1029		taxation pursuant to the provisions of the Internal
1003	1030		Revenue Code, 26 U.S.C., Section 501(c)(3) or Section
1004	1031		509(a), and
1005		-	b. describes the proposed innovative educational program
1006		-	or programs supported by the organization.
1007		-	2. The Tax Commission shall review and approve or disapprove
1008		-	the application, in consultation with the State Department of
1009		-	Education.
1010	1032
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	1059	+	b. describes the proposed innovative educational program
	1060	+	or programs supported by the organization.
	1061	+	2. The Tax Commission shall review and approve or disapprove
	1062	+	the application, in consultation with the State Department of
	1063	+	Education.
1036	1064		3. In order to maintain eligibility under this section, an
1037	1065		organization authorized pursuant to subsections C and D of this
1038	1066		section shall annually report the following information to the Tax
1039	1067		Commission and publish on its website by September 1 of each year:
1040	1068		a. the name of the innovative educational program or
1041	1069		programs and the total amount of the grant or grants
1042	1070		made to those programs during the immediately
1043	1071		preceding school year,
1044	1072		b. a description of how each grant was utilized during
1045	1073		the immediately preceding school year and a
1046	1074		description of any demonstrated or expected innovative
1047	1075		educational improvements,
1048	1076		c. the names of the public school and school districts
1049	1077		where innovative educational programs t hat received
1050	1078		grants during the immediately preceding school year
1051	1079		were implemented,
1052	1080		d. where the organization collects information on a
1053	1081		county-by-county basis, and
1054		-	e. the total number and total amount of grants made
1055		-	during the immediately preceding school y ear for
1056		-	innovative educational programs at public school by
1057		-	each county in which the organization made grants.
1058		-	4. The information required under paragraph 3 of this
1059		-	subsection shall be submitted on a form provided by the Tax
1060	1082
1061		-	ENGR. H. B. NO. 3974 Page 22 1
	1083	+	HB3974 HFLR Page 22
	1084	+	BOLD FACE denotes Committee Amendments. 1
1062	1085		2
1063	1086		3
1064	1087		4
1065	1088		5
1066	1089		6
1067	1090		7
1068	1091		8
1069	1092		9
1070	1093		10
1071	1094		11
1072	1095		12
1073	1096		13
1074	1097		14
1075	1098		15
1076	1099		16
1077	1100		17
1078	1101		18
1079	1102		19
1080	1103		20
1081	1104		21
1082	1105		22
1083	1106		23
1084	1107		24
1085	1108
	1109	+	e. the total number and total amount of grants made
	1110	+	during the immediately preceding school y ear for
	1111	+	innovative educational programs at public school by
	1112	+	each county in which the organization made grants.
	1113	+	4. The information required under paragraph 3 of this
	1114	+	subsection shall be submitted on a form provided by the Tax
1086	1115		Commission. No later than May 1 of each year, the Tax Commission
1087	1116		shall annually distribute sample forms together with the forms on
1088	1117		which the reports are required to be made to each approved
1089	1118		organization.
1090	1119		5. The Tax Commission shall not require any other information
1091	1120		be provided by an organization, except as expressly authorized in
1092	1121		this section.
1093	1122		M. 1. Beginning in 2023 for the 2022-2023 academic year, in
1094	1123		order to maintain registration, a scholarship-granting organization
1095	1124		shall annually report to the Tax Commission by September 1 of ea ch
1096	1125		year the following information regarding the educational
1097	1126		scholarships funded by the organization in the previous academic
1098	1127		year:
1099	1128		a. the name and address of the scholarship-granting
1100	1129		organization,
1101	1130		b. the names of the qualifying schools that received
1102	1131		funding for educational scholarships, the total amount
1103	1132		of funds paid to each qualifying school, and the total
1104		-	number of scholarship recipients enrolled in each
1105		-	qualifying school,
1106		-	c. the total number and total dollar amount of
1107		-	contributions received during the pre vious academic
1108		-	year,
1109	1133
1110		-	ENGR. H. B. NO. 3974 Page 23 1
	1134	+	HB3974 HFLR Page 23
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1111	1136		2
1112	1137		3
1113	1138		4
1114	1139		5
1115	1140		6
1116	1141		7
1117	1142		8
1118	1143		9
1119	1144		10
1120	1145		11
1121	1146		12
1122	1147		13
1123	1148		14
1124	1149		15
1125	1150		16
1126	1151		17
1127	1152		18
1128	1153		19
1129	1154		20
1130	1155		21
1131	1156		22
1132	1157		23
1133	1158		24
1134	1159
	1160	+	number of scholarship recipients enrolled in each
	1161	+	qualifying school,
	1162	+	c. the total number and total dollar amount of
	1163	+	contributions received during the pre vious academic
	1164	+	year,
1135	1165		d. the total number and total dollar amount of
1136	1166		educational scholarships awarded and funded during the
1137	1167		previous academic year,
1138	1168		e. the total number, total dollar amount, and percentage
1139	1169		of educational scholarships awarded and funded during
1140	1170		the previous academic year disaggregated into the
1141	1171		following categories:
1142	1172		(1) low-income eligible students,
1143	1173		(2) students who during the immediately preceding
1144	1174		school year attended or who were eligible by
1145	1175		virtue of the residence of the student to attend
1146	1176		a public school in the state which was identified
1147	1177		for school improvement by the State Board of
1148	1178		Education,
1149	1179		(3) eligible special needs students, and
1150	1180		(4) students who were first-time recipients of a
1151	1181		scholarship including information about the type
1152	1182		of public or private school the student was
1153		-	enrolled in during the entire previous academic
1154		-	year,
1155		-	f. the percentage of annual revenue received by the
1156		-	organization from donations which qualify for tax
1157		-	credits pursuant to this section which was not
1158		-	expended on scholarsh ips,
1159	1183
1160		-	ENGR. H. B. NO. 3974 Page 24 1
	1184	+	HB3974 HFLR Page 24
	1185	+	BOLD FACE denotes Committee Amendments. 1
1161	1186		2
1162	1187		3
1163	1188		4
1164	1189		5
1165	1190		6
1166	1191		7
1167	1192		8
1168	1193		9
1169	1194		10
1170	1195		11
1171	1196		12
1172	1197		13
1173	1198		14
1174	1199		15
1175	1200		16
1176	1201		17
1177	1202		18
1178	1203		19
1179	1204		20
1180	1205		21
1181	1206		22
1182	1207		23
1183	1208		24
1184	1209
	1210	+	enrolled in during the entire previous academic
	1211	+	year,
	1212	+	f. the percentage of annual revenue received by the
	1213	+	organization from donations which qualify for tax
	1214	+	credits pursuant to this section which was not
	1215	+	expended on scholarsh ips,
1185	1216		g. disaggregated data reported under this subsection
1186	1217		shall be redacted if reporting would allow for
1187	1218		identification of specific children, and shall be
1188	1219		reported in accordance with the Student Data
1189	1220		Accessibility, Transparency and Accountability Act of
1190	1221		2013, division b of subparagraph 2 of subsection C of
1191	1222		Section 3-168 of Title 70 of the Oklahoma Statutes,
1192	1223		and the Family Educational Rights and Privacy Act of
1193	1224		1974 (FERPA), 20 U.S.C., Section 1232g, and
1194	1225		h. the percentage of the total amount of education
1195	1226		scholarship expenditures spent on low-income eligible
1196	1227		students.
1197	1228		2. The Tax Commission shall make available on its website:
1198	1229		a. the information submitted by the scholarship-granting
1199	1230		organization pursuant to paragraph 1 of this
1200	1231		subsection,
1201	1232		b. a list of participating schools, and
1202		-	c. all other application information submitted to the Tax
1203		-	Commission by a scholarship-granting organization,
1204		-	except that information which would violate the
1205		-	privacy of an individual.
1206		-	3. A scholarship-granting organization shall an nually submit
1207		-	verification to the Tax Commission that the organization still meets
1208	1233
1209		-	ENGR. H. B. NO. 3974 Page 25 1
	1234	+	HB3974 HFLR Page 25
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1210	1236		2
1211	1237		3
1212	1238		4
1213	1239		5
1214	1240		6
1215	1241		7
1216	1242		8
1217	1243		9
1218	1244		10
1219	1245		11
1220	1246		12
1221	1247		13
1222	1248		14
1223	1249		15
1224	1250		16
1225	1251		17
1226	1252		18
1227	1253		19
1228	1254		20
1229	1255		21
1230	1256		22
1231	1257		23
1232	1258		24
1233	1259
	1260	+	c. all other application information submitted to the Tax
	1261	+	Commission by a scholarship-granting organization,
	1262	+	except that information which would violate the
	1263	+	privacy of an individual.
	1264	+	3. A scholarship-granting organization shall an nually submit
	1265	+	verification to the Tax Commission that the organization still meets
1234	1266		the criteria set forth in paragraph 7 of subsection H of this
1235	1267		section.
1236	1268		N. Contributions made pursuant to subsections B, C, and D of
1237	1269		this section shall not be used by the Legis lature to reduce the
1238	1270		amount appropriated for the financial support of public schools.
1239	1271		O. In consultation with the State Department of Education, the
1240	1272		Tax Commission shall promulgate rules necessary to implement the
1241	1273		Oklahoma Equal Opportunity Education Scholarship Act. The rules
1242	1274		shall include procedures for the registration of a scholarship-
1243	1275		granting organization, an educational improvement grant
1244	1276		organization, a public school foundation, or public school district
1245	1277		for purposes of determining if the organization meets the
1246	1278		requirements of the Oklahoma Equal Opportunity Education Scholarship
1247	1279		Act or for the revocation of the registration of an organization, if
1248	1280		applicable, and for notice as required in subsection I of this
1249	1281		section.
1250		-	SECTION 2. This act shall become effective November 1, 2024.
1251	1282
1252		-	ENGR. H. B. NO. 3974 Page 26 1
	1283	+	HB3974 HFLR Page 26
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1253	1285		2
1254	1286		3
1255	1287		4
1256	1288		5
1257	1289		6
1258	1290		7
1259	1291		8
1260	1292		9
1261	1293		10
1262	1294		11
1263	1295		12
1264	1296		13
1265	1297		14
1266	1298		15
1267	1299		16
1268	1300		17
1269	1301		18
1270	1302		19
1271	1303		20
1272	1304		21
1273	1305		22
1274	1306		23
1275	1307		24
1276	1308
1277		-	~~Passed the House of Representatives the 12th day of March~~, 2024.
	1309	+	SECTION 2. This act shall become effective November 1, 2024.
1278	1310
1279		-
1280		-
1281		-
1282		-	Presiding Officer of the House
1283		-	of Representatives
1284		-
1285		-
1286		-
1287		-	Passed the Senate the ___ day of __________, 2024.
1288		-
1289		-
1290		-
1291		-
1292		-	Presiding Officer of the Senate
	1311	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	1312	+	02/29/2024 - DO PASS, As Amended and Coauthored.