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(c) An agreement entered into under section 1 of this chapter
must prohibit a scholarship granting organization from
distributing school scholarships to an eligible student who is not
also awarded a choice scholarship under IC 20-51-4 until the
remainder of the tuition, transfer tuition, and fees not paid by
choice scholarships have been paid from school scholarships
awarded by a scholarship granting organization. An agreement
entered into before July 1, 2011, must be amended to comply with
this subsection in order for a scholarship granting organization to
continue to be certified under this chapter.
(d) The department shall ensure compliance with subsection (c).
The department shall provide each scholarship granting
organization with the information necessary for the scholarship
granting organization to identify:
(1) the individuals who have received a choice scholarship
under IC 20-51-4;
(2) the eligible schools in which the individuals are enrolled;
and
(3) the amount of tuition, transfer tuition, and fees that have
not been paid by a choice scholarship or another scholarship
granting organization.
(e) Contributions made to a scholarship granting organization
in a taxable year in which the scholarship granting organization
awards school scholarships in violation of subsection (c) are not
eligible for a tax credit under IC 6-3.1-30.5. The department shall
notify the department of state revenue of any violation of
subsection (c).".
(Reference is to HB 1003 as printed February 18, 2011.)
________________________________________
Representative VanDenburgh
MO100349/DI 51 2011