Bill > HB1

This bill enacts Kentucky's participation in a federal education opportunity program, specifically a qualified elementary and secondary education scholarship federal tax credit established by the U.S. Congress. This program allows individuals to receive a federal tax credit for making qualifying contributions to scholarship granting organizations, which are entities that provide scholarships for students to attend eligible elementary and secondary schools. The bill designates the Secretary of State as the sole official responsible for formally notifying the U.S. Secretary of the Treasury of Kentucky's decision to participate and for submitting an annual list of approved scholarship granting organizations. The Secretary of State will also be responsible for publishing federal guidance and regulations related to the program on their website and is authorized to create state-specific administrative regulations to implement the program. To cover administrative costs, the Secretary of State can collect fees from scholarship granting organizations or accept private contributions, with these funds being held in a dedicated account. Importantly, the bill also waives any Eleventh Amendment immunity, which generally protects states from being sued in federal court, in relation to this program.