21.548.15 96th Legislative Session 0

2021 South Dakota Legislature

Senate Bill 175

ENROLLED

An Act

ENTITLED An Act to remove certain eligibility requirements for the partners in education tax credit program.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 13-65-1 be AMENDED.

13-65-1. Definitions.

Terms, as used in this chapter, mean:

(1) "Division," the Division of Insurance in the Department of Labor and Regulation;

(2) "Educational scholarship," a grant to an eligible student to cover all or part of the tuition and fees at a qualifying school. The average value of all scholarships awarded by a scholarship granting organization may not exceed eighty-two and five-tenths percent of the state's share of the per student equivalent, as defined in § 13-13-10.1;

(3) "Eligible student," any student entering kindergarten through twelfth grade who:

(a) Is a member of a household whose total annual income, the year before the student enters the program, did not exceed one hundred fifty percent of the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program. If sufficient funding is available, once a student meets the initial income eligibility requirement, the student remains income eligible for three years or if the student is entering high school, until the student graduates high school regardless of household income. After the initial period of income eligibility, a student remains eligible if the student is a member of a household whose total annual income in the prior year did not exceed two hundred percent of the income standard used to qualify for a free or reduced-price lunch; and

(b) Resides in South Dakota while receiving the educational scholarship;

(4) "Low-income eligible student," any student who is a member of a household whose total annual income, the year before the student enters the program, did not exceed one hundred percent of the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program;

(5) "Parent," any guardian, custodian, or other person with authority to act in place of a parent for the child;

(6) "Program," the partners in education tax credit program established pursuant to this chapter;

(7) "Qualifying school," any nonpublic school that operates within the boundaries of South Dakota or any tribally controlled school on a federally recognized Indian reservation that operates within the boundaries of South Dakota, is accredited by the Department of Education, provides education to elementary or secondary students, and has notified a scholarship granting organization of its intention to participate in the program and comply with the program requirements. This term excludes any school that receives a majority of its revenues from public funds;

(8) "Scholarship granting organization," a nonprofit organization that complies with the requirements of the program and provides educational scholarships to students.

An Act to remove certain eligibility requirements for the partners in education tax credit program.

I certify that the attached Act originated in the:

Senate as Bill No. 175

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 175

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State