Update: February, 2010:  Our lead political proponent, Florida Congressman Robert Wexler, announced his resignation from Congress in October, 2009, as he accepted in January a position with a nonprofit Mid-East Peace initiative in Washington, DC.  He had planned to introduce the Tax Credit Bill in October, although prior to his transition, enlisted the support of a Republican Congressional co-sponsor.  Talks are underway to confirm the Republican’s continued support.  We are making inquiry of other bi-partisan Congressional leaders to again develop support for this effort to bring our Bill to the floor of the US House of Representatives.
In November, 2009, Exceptional Parent Magazine, the nation’s leading publication for special needs families, ran a 2-page feature article about the tax Credit proposal, along with our petition.  We are now receiving signed petitions of support on a weekly basis from across the United States.
In December, 2009, Director Jaret Vogel addressed 100 attorneys, members of the Florida Academy of Elder Law Attorneys, at their annual “UnProgram Conference” in Orlando, about the benefits to families, Democracy and their business potential, should the Tax Credit proposal become effective.

Update: September, 2009: After three years of effort, the Special Needs Tax Credit proposal is now draft legislation, having gained the sponsorship of US Representative Robert Wexler (D-Boca Raton).   This proposal was originated in November, 2006 by Jaret Vogel, as Associate Director of Prosperity Life Planning (www.prosperitylifeplanning.org).  

The legal work to create our new nonprofit organization, the Special Needs Tax Credit Alliance (SNTCA), as well as filing under IRS code 501(c)(4) status, as a Social Welfare Organization, was done pro bono by the international law firm of Proskauer Rose LLP (www.proskauer.com), completed in July, 2009. 

Fund raising efforts in the amount of $550,000. are now underway.  As a 501(c)(4) organization, donations are not tax deductible to the donor, but use of proceeds is tax exempt for the corporation.

Over the next several years, visibility will be raised by contacting and hopefully gaining the support of state and national support organizations such as Autism Speaks, Autism Society of America, National Down Syndrome Society, National Alliance of Mental Illness and AARP for seniors with dementia and Alzheimer’s’.  Political organizations such as the American Civil Liberties Union and organizations supporting the Americans with Disabilities Act will also be contacted. 

In addition, professional organizations representing Elder Law and Probate divisions of the various Bar Associations and membership organizations such as the Academy of Special Needs Planners and the Special Needs Alliance, along with professional Guardianship associations and financial institutions addressing the special needs community will be contacted in hopes of becoming key supporters of this effort, to build national grass roots support in advance of legislative action.

While the Special Needs Tax Credit proposal is legislation to amend the Internal Revenue Code of 1986, it is also to be considered as civil rights legislation, in that the financial expenses of establishing Guardianship and creating a Special Needs Trust for a person with disabilities are expenses not borne by families with “typical” children.  Lacking a Guardian creates an impediment to Freedom of Speech and Equal Representation under the Law for the person with disabilities, which our First and Fourteenth Constitutional Amendments were expressly created to protect.

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