S0932B1197A04328 AJB:MAC 05/25/22 #90 A04328
AMENDMENTS TO SENATE BILL NO. 932
Sponsor: REPRESENTATIVE LONGIETTI
Printer's No. 1197
Amend Bill, page 1, lines 9 through 11, by striking out all
of said lines and inserting
Section 1. The definitions of "education improvement
organization," "opportunity scholarship organization," "pre-
kindergarten scholarship organization," "scholarship
organization" and "school-related fees" in section 2002-B of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, are amended to read:
Amend Bill, page 1, by inserting between lines 15 and 16
* * *
"Educational improvement organization." A nonprofit entity
which:
(1) is exempt from Federal taxation under section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. § 1 et seq.); and
(2) contributes at least [80%] 95% of its annual
receipts as grants to a public school, a chartered school as
defined in section 1376.1, or a private school approved under
section 1376, for innovative educational programs.
For purposes of this definition, a nonprofit entity
"contributes" its annual cash receipts when it expends or
otherwise irrevocably encumbers those funds for expenditure
during the then-current fiscal year of the nonprofit entity or
during the next succeeding fiscal year of the nonprofit entity.
A nonprofit entity shall include a school district foundation,
public school foundation, charter school foundation or cyber
charter school foundation.
* * *
"Opportunity scholarship organization." A nonprofit entity
which:
(1) Is exempt from Federal taxation under section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. § 1 et seq.); and
(2) Contributes at least [80%] 95% of the entity's
annual cash receipts to an opportunity scholarship program.
For the purposes of this definition, a nonprofit entity
contributes the entity's cash receipts to an opportunity
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scholarship program when the entity expends or otherwise
irrevocably encumbers those funds for distribution during the
then-current fiscal year of the nonprofit entity or during the
next succeeding fiscal year of the nonprofit entity.
* * *
"Pre-kindergarten scholarship organization." A nonprofit
entity which:
(1) is exempt from Federal taxation under section 501(c)
(3) of the Internal Revenue Code of 1986 or is operated as a
separate segregated fund by a scholarship organization that
has been qualified under section 2003-B; and
(2) contributes at least [80%] 95% of its annual cash
receipts to a pre-kindergarten scholarship program by
expending or otherwise irrevocably encumbering those funds
for distribution during the then-current fiscal year of the
organization or during the next succeeding fiscal year of the
organization.
* * *
"Scholarship organization." A nonprofit entity which:
(1) is exempt from Federal taxation under section 501(c)
(3) of the Internal Revenue Code of 1986; and
(2) contributes at least [80%] 95% of its annual cash
receipts to a scholarship program.
For purposes of this definition, a nonprofit entity
"contributes" its annual cash receipts to a scholarship program
when it expends or otherwise irrevocably encumbers those funds
for distribution during the then-current fiscal year of the
nonprofit entity or during the next succeeding fiscal year of
the nonprofit entity.
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See A04328 in
the context
of SB0932