An act implementing the federal education opportunity program in Kentucky., the official text

UNOFFICIAL COPY                                               26 RS HB 1/VO

1   AN ACT implementing the federal education opportunity program in Kentucky.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. A NEW SECTION OF KRS CHAPTER 14 IS CREATED TO

4 READ AS FOLLOWS:

5 (1) Pursuant to 26 U.S.C. sec. 25F(g):

6   (a) The General Assembly hereby designates itself under state law to make the

7   election on behalf of the Commonwealth with respect to federal tax benefits

8   under 26 U.S.C. sec. 25F;

9   (b) The General Assembly hereby elects that in each calendar year the

10  Commonwealth of Kentucky shall:

11  1. Participate in the qualified elementary and secondary education

12  scholarship federal tax credit established under 26 U.S.C. sec. 25F, or

13  any successor program, for individuals who make qualifying

14  contributions to scholarship granting organizations; and

15  2. Identify scholarship granting organizations in the state;

16  (c) The Secretary of State is hereby designated under Kentucky law as the sole

17  official authorized to:

18  1. Report the state's election to participate in the qualified elementary

19  and secondary education scholarship federal tax credit under 26

20  U.S.C. sec. 25F; and

21  2. Submit a list as described in 26 U.S.C sec. 25F(g) and perform other

22  functions necessary to implement the General Assembly's election

23  under paragraph (a) of this subsection; and

24  (d) The Secretary of State shall notify the United States Secretary of the

25  Treasury of the Commonwealth's participation in the qualified elementary

26  and secondary education scholarship federal tax credit and submit the list

27  established by the Secretary of State by January 1 of each year.

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    HB000190.100 - 928 - XXXX 3/16/2026 4:43 PM                   Vetoed and Overridden
    UNOFFICIAL COPY                                                       26 RS HB 1/VO

1 (2) The Secretary of State shall publish the associated administrative regulations and

2   other applicable guidance issued by the United States Secretary of the Treasury

3   or the Internal Revenue Service on the Secretary of State's website.

4 (3) The Secretary of State may promulgate administrative regulations in accordance

5   with KRS Chapter 13A necessary to carry out this section.

6 (4) The Secretary of State shall collect a fee from scholarship granting organizations

7   or accept private contributions to pay the necessary costs of administration of this

8   section. All amounts received under this subsection shall be deposited in a

9   restricted fund account, not commingled, and shall be used solely to administer

10  this section.

11 (5) Any immunity under the Eleventh Amendment to the Constitution of the United

12  States is waived under this section.

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    HB000190.100 - 928 - XXXX 3/16/2026 4:43 PM                           Vetoed and Overridden