| SB 518 - Elementary/Second.Ed.Assist.Corp. - priv.contrib.for tuition, tutoring |
First Reader Summary
A bill to be entitled an Act to amend Chapter 2 of Title 20 of
the Official Code of Georgia Annotated, relating to elementary
and secondary education, so as to establish the Georgia
Elementary and Secondary Education Assistance Corporation; to
provide for the membership of the board of directors of such
corporation; to amend Article 2 of Chapter 7 of Title 48 of the
Official Code of Georgia Annotated, relating to the imposition,
rate, and computation of state income taxes, so as to provide for
a tax credit for contributions to the Georgia Elementary and
Secondary Education Assistance Corporation; to provide for
certain limitations on the tax credit; to provide for related
matters; to provide for an effective date and applicability; to
repeal conflicting laws; and for other purposes.
| Senate |
Action |
House |
| 3/1/00 |
Read 1st time |
|
SB 518 00 LC 27 1015
SENATE BILL 518
By: Senator Price of the 28th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 2 of Title 20 of the Official Code of
1- 2 Georgia Annotated, relating to elementary and secondary
1- 3 education, so as to establish the Georgia Elementary and
1- 4 Secondary Education Assistance Corporation; to provide for
1- 5 the membership of the board of directors of such
1- 6 corporation; to provide for the powers and duties of such
1- 7 corporation, including the power to collect private
1- 8 contributions and disburse such contributions in the form of
1- 9 vouchers which eligible students may use to pay tuition at
1-10 privately operated elementary and secondary schools in this
1-11 state or to pay for tutoring services that are directly
1-12 related to certain courses offered at public elementary and
1-13 secondary schools in this state; to require the corporation
1-14 to maintain certain accounting records; to provide for an
1-15 annual audit of the corporation; to amend Article 2 of
1-16 Chapter 7 of Title 48 of the Official Code of Georgia
1-17 Annotated, relating to the imposition, rate, and computation
1-18 of state income taxes, so as to provide for a tax credit for
1-19 contributions to the Georgia Elementary and Secondary
1-20 Education Assistance Corporation; to provide for certain
1-21 limitations on the tax credit; to provide for related
1-22 matters; to provide for an effective date and applicability;
1-23 to repeal conflicting laws; and for other purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-25 SECTION 1.
1-26 Chapter 2 of Title 20 of the Official Code of Georgia
1-27 Annotated, relating to elementary and secondary education,
1-28 is amended by adding at the end thereof a new article, to be
1-29 designated as Article 32, to read as follows:
1-30 20-2-2080.
1-31 The General Assembly finds that the children of low-income
1-32 families of this state can benefit academically from
1-33 attending privately operated elementary and secondary
-1-
2- 1 schools and from receiving tutoring services while
2- 2 enrolled at public elementary and secondary schools and
2- 3 that many citizens and taxpayers of this state are willing
2- 4 to make contributions to make such attendance and tutoring
2- 5 possible. The General Assembly further finds that it is
2- 6 in the public interest to establish a nonprofit public
2- 7 corporation of this state to collect such private
2- 8 contributions and to disburse those private contributions
2- 9 in the form of vouchers which parents of such children can
2-10 use at a private elementary or secondary school of their
2-11 choice or for the tutoring services of their choice.
2-12 20-2-2081.
2-13 There is created a public authority, a body corporate and
2-14 politic, to be known as the Georgia Elementary and
2-15 Secondary Education Assistance Corporation, which shall be
2-16 deemed to be an instrumentality and a nonprofit public
2-17 corporation of the state.
2-18 20-2-2082.
2-19 The corporation shall be governed and all of its corporate
2-20 powers, duties, and functions shall be exercised by a
2-21 board of directors. On and after July 1, 2000, the board
2-22 of directors shall consist of one member from each
2-23 congressional district in the state. All members shall be
2-24 appointed by the Governor, subject to confirmation by the
2-25 Senate. The initial terms of members shall be as follows:
2-26 three members shall be appointed for terms ending July 1,
2-27 2001; three members shall be appointed for terms ending
2-28 July 1, 2002; three members shall be appointed for terms
2-29 ending July 1, 2003; and two members shall be appointed
2-30 for terms ending July 1, 2004. Thereafter, all members
2-31 appointed to the board of directors by the Governor shall
2-32 be appointed for terms of five years and until their
2-33 successors are appointed and qualified. In the event of a
2-34 vacancy during the term of any member by reason of death,
2-35 resignation, or otherwise, the appointment of a successor
2-36 by the Governor shall be for the remainder of the
2-37 unexpired term of such member.
2-38 20-2-2083.
2-39 The members of the board of directors shall receive no
2-40 compensation for their services but shall be entitled to
2-41 receive actual expenses incurred by them in the
2-42 performance of their duties. The expenses, including
-2-
3- 1 mileage, shall be paid on the same basis as for state
3- 2 officials and employees.
3- 3 20-2-2084.
3- 4 The corporation shall establish and administer a program
3- 5 of vouchers for eligible students in accordance with this
3- 6 article, and, pursuant thereto, the corporation is
3- 7 authorized to:
3- 8 (1) Receive funds from any private source and to hold,
3- 9 use, administer, and expend such funds for the purposes
3-10 of providing eligible students with vouchers:
3-11 (A) To attend a private elementary or secondary school
3-12 in this state which does not discriminate on the basis
3-13 of race, color, gender, handicap, familial status, or
3-14 national origin and which meets the requirements of
3-15 subsection (b) of Code Section 20-2-690; and
3-16 (B) To receive tutoring services, while enrolled in a
3-17 public elementary or secondary school in this state,
3-18 that are directly related to a course that dedicates a
3-19 major portion of the class time toward the development
3-20 of one or more student competencies as adopted by the
3-21 State Board of Education under Code Section 20-2-140;
3-22 provided, however, that the corporation shall disburse a
3-23 substantially equal number of vouchers for tuition and
3-24 for tutoring in each fiscal year;
3-25 (2) Prescribe criteria for the eligibility of elementary
3-26 and secondary students who are citizens of this state to
3-27 receive vouchers based on income and academic
3-28 achievement;
3-29 (3) Keep and maintain, and require that schools and
3-30 tutors through which vouchers are redeemed keep and
3-31 maintain, such records as are determined by the
3-32 corporation to be necessary for the proper and efficient
3-33 administration of the program;
3-34 (4)Enter into agreements as may be necessary or
3-35 appropriate in the exercise of its powers, duties, and
3-36 functions under this article; and
3-37 (5)Adopt bylaws and policies for the regulation of its
3-38 affairs and the conduct of its business.
-3-
4- 1 20-2-2085.
4- 2 The corporation shall maintain a system of accounts in
4- 3 accordance with generally accepted accounting procedures
4- 4 and standard accounting procedures and systems established
4- 5 by the state, where applicable, which shall, among other
4- 6 things, properly identify and account for all funds
4- 7 received by the corporation, the source of such funds, and
4- 8 all expenditures of the corporation. No funds of the
4- 9 corporation which are received from private sources shall
4-10 lapse to the state as of the close of any fiscal year.
4-11 20-2-2086.
4-12 The state auditor shall make an annual financial audit of
4-13 the books, accounts, and records of the corporation. The
4-14 state auditor shall maintain a copy of the audit report on
4-15 file in his or her office, make copies of the report
4-16 available for inspection by the general public, and
4-17 furnish a copy of the report to the members of the board
4-18 of directors of the corporation and to the Governor.
4-19 20-2-2087.
4-20 The corporation is assigned to the Department of
4-21 Administrative Services for administrative purposes as
4-22 provided in Code Section 50-4-3."
4-23 SECTION 2.
4-24 Article 2 of Chapter 7 of Title 48 of the Official Code of
4-25 Georgia Annotated, relating to the imposition, rate, and
4-26 computation of state income taxes, is amended by adding a
4-27 new Code section, to be designated as Code Section
4-28 48-7-40.17, to read as follows:
4-29 "48-7-40.17.
4-30 (a) As used in this Code section, the term 'qualified
4-31 contribution' means a cash contribution to the Georgia
4-32 Elementary and Secondary Education Assistance Corporation
4-33 established under Article 32 of Chapter 2 of Title 20.
4-34 (b) A taxpayer shall be allowed a credit against the tax
4-35 imposed by this article for a qualified contribution in an
4-36 amount not to exceed 100 percent of the total amount
4-37 contributed.
4-38 (c) In no event shall the amount of the tax credit exceed
4-39 $500.00 or the taxpayer's income tax liability, whichever
4-40 is less.
-4-
5- 1 (d) Any unused tax credit claimed under this Code section
5- 2 may be carried forward five years from the close of the
5- 3 taxable year in which the qualified contribution was made.
5- 4 (e) The tax credit shall not be allowed if the taxpayer
5- 5 designates the taxpayer's qualified contribution for the
5- 6 direct benefit of any dependent, dependent of an employee,
5- 7 or employee of the taxpayer."
5- 8 SECTION 3.
5- 9 This Act shall become effective on July 1, 2000, and shall
5-10 apply to all taxable years beginning after December 31,
5-11 2000.
5-12 SECTION 4.
5-13 All laws and parts of laws in conflict with this Act are
5-14 repealed.
-5-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00
