As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 221  5            

      1999-2000                                                    6            


  SENATORS CUPP-BRADY-DiDONATO-FINGERHUT-HORN-KEARNS-OELSLAGER-    8            

                         PRENTISS-WATTS                            9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend section 5117.01 of the Revised Code to       13           

                maintain the disability deduction for certain      14           

                elderly persons who previously qualified for the   15           

                Ohio Energy Credit Program on the basis of                      

                disability, and to continue the provisions of      16           

                this act on and after July 1, 2000, by amending                 

                section 5117.01 of the Revised Code, as it         17           

                results from Am. Sub. S.B. 3 of the 123rd General  18           

                Assembly, for that same purpose.                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That section 5117.01 of the Revised Code be      22           

amended to read as follows:                                        23           

      Sec. 5117.01.  (A)  As used in this chapter:                 32           

      (1)  "Credit" means the credit on utility heating bills      34           

granted under division (A) of section 5117.09 of the Revised       35           

Code.                                                              36           

      (2)  "Current monthly bill" means the amount charged for     38           

energy consumed in the most recent monthly billing period and      39           

does not include any past due balance.                             40           

      (3)  "Current total income" means the adjusted gross income  42           

of the head of household and the person's spouse for the           44           

six-month period beginning the first day of January and ending     45           

the thirtieth day of June of the year in which an application is   46           

made, as determined under the "Internal Revenue Code of 1954,"     47           

68A Stat. 3, 26 U.S.C. 1, as amended, minus ADJUSTED AS FOLLOWS:   48           

                                                          2      


                                                                 
      (a)  SUBTRACT the amount of disability benefits included in  51           

adjusted gross income but not to exceed twenty-six hundred         52           

dollars, plus;                                                                  

      (b)  ADD old age and survivors benefits received pursuant    55           

to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL     56           

ADJUSTED GROSS INCOME;                                                          

      (c)  ADD retirement, pension, annuity, or other retirement   59           

payments or benefits not included in federal adjusted gross        60           

income;                                                                         

      (d)  ADD payments received pursuant to the "Railroad         63           

Retirement Act," 50 Stat. 307, 45 U.S.C. 228, and;                 64           

      (e)  ADD interest on federal, state, and local government    66           

obligations.  Disability;                                          67           

      (f)  FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR   69           

THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY     70           

AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE    71           

UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING          72           

SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT:   73           

      (i)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT      75           

WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR     76           

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  78           

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR       79           

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE     80           

APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED  81           

IN CURRENT TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT       82           

SUBTRACTED UNDER DIVISION (A)(3)(a) OF THIS SECTION IN THE         84           

CURRENT YEAR;                                                                   

      (ii)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT     86           

WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR         87           

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  89           

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR       90           

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY        91           

BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (A)(3)(a) OF    92           

THIS SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN     93           

                                                          3      


                                                                 
CURRENT TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT                       

SUBTRACTED UNDER DIVISION (A)(3)(a) OF THIS SECTION IN THE         95           

CURRENT YEAR.                                                      96           

      DISABILITY benefits paid by the veterans administration      99           

DEPARTMENT OF VETERANS' AFFAIRS or a branch of the armed forces    100          

of the United States on account of an injury or disability are     102          

not included in current total income.                              103          

      (4)  "Energy company" means every retail propane dealer      105          

that distributes propane by pipeline, and every electric light,    106          

rural electric, gas, or natural gas company.                       107          

      (5)  "Energy dealer" means every retail dealer of fuel oil,  109          

propane, coal, wood, and kerosene.                                 110          

      (6)  "Head of household" means a person who occupies a       112          

household as the person's homestead and who is financially         113          

responsible for its other occupants, if any, or the spouse of      115          

such a person if both occupy the same household.  No person is a   116          

head of household if the person occupies a household for the       117          

taxable year prior to the year in which an application is filed    119          

and was claimed as a dependent on the federal income tax return    120          

of another occupant of the same household and was not the          121          

taxpayer's spouse or if the person could have been claimed if      123          

such a return had been filed for such year and was not the other   124          

occupant's spouse.                                                              

      (7)  "Household" means any dwelling unit, including a unit   126          

in a multiple unit dwelling, a manufactured home, or a mobile      127          

home, to which utility heating services or energy commodities are  129          

provided.                                                                       

      (8)  "Payment" means the one hundred twenty-five-dollar      131          

payment provided under division (A) of section 5117.10 of the      132          

Revised Code.                                                      133          

      (9)  "Permanently and totally disabled" refers to a person   135          

who has, on the first day of July of the year an application is    136          

made, some impairment in body or mind that makes the person unfit  138          

to work at any substantially remunerative employment that the      139          

                                                          4      


                                                                 
person would otherwise be reasonably able to perform and that      141          

will, with reasonable probability, continue for an indefinite      142          

period of at least twelve months without any present indication    143          

of recovery therefrom, or who has been certified as permanently    144          

and totally disabled by a state or federal agency having the       145          

function of so classifying persons.                                146          

      (10)  "Sixty-five years of age or older" refers to a person  148          

who has attained age sixty-four prior to the first day of January  149          

of the year of application for reduction in utility charges.       150          

      (11)  "Total income" means the adjusted gross income of the  152          

head of household and the person's spouse for the year preceding   154          

the year in which an application is made, as determined under the  155          

"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as      156          

amended, minus ADJUSTED AS FOLLOWS:                                157          

      (a)  SUBTRACT the amount of disability benefits included in  159          

adjusted gross income but not to exceed fifty-two hundred          161          

dollars, plus;                                                                  

      (b)  ADD old age and survivors benefits received pursuant    163          

to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL     164          

ADJUSTED GROSS INCOME;                                             165          

      (c)  ADD retirement, pension, annuity, or other retirement   168          

payments or benefits not included in federal adjusted gross        169          

income;                                                                         

      (d)  ADD payments received pursuant to the "Railroad         171          

Retirement Act," 50 Stat. 307, 45 U.S.C. 228; and                  172          

      (e)  ADD interest on federal, state, and local government    175          

obligations.  Disability;                                                       

      (f)  FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR   177          

THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY     178          

AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE    180          

UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING          181          

SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT:   182          

      (i)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT      184          

WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR     185          

                                                          5      


                                                                 
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  187          

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR       188          

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE     189          

APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED  190          

IN TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED    191          

UNDER DIVISION (A)(11)(a) OF THIS SECTION IN THE CURRENT YEAR;     193          

      (ii)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT     195          

WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR         196          

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  198          

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR       199          

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY        200          

BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (A)(11)(a) OF   201          

THIS SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN     202          

TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED       203          

UNDER DIVISION (A)(11)(a) OF THIS SECTION IN THE CURRENT YEAR.     205          

      DISABILITY benefits paid by the veteran's administration     208          

DEPARTMENT OF VETERANS' AFFAIRS or a branch of the armed forces    210          

of the United States on account of an injury or disability shall   211          

not be included in total income.                                                

      (B)  As used in sections 5117.01 to 5117.12 of the Revised   213          

Code:                                                              214          

      (1)  "Applicant" means any person who has submitted an       216          

application under division (C) of section 5117.03 of the Revised   217          

Code.                                                              218          

      (2)  "Application" means the application in section 5117.03  220          

of the Revised Code.                                               221          

      (3)  "Program" means the Ohio energy credit program          223          

established under sections 5117.01 to 5117.12 of the Revised       224          

Code.                                                              225          

      (4)  "Purchased power costs" means charges for the costs of  227          

power purchased by an electric light company under Chapters 4905.  228          

and 4909. of the Revised Code and includes charges resulting from  229          

the exchange of electric power.                                    230          

      (C)  THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,      232          

                                                          6      


                                                                 
2000.                                                              233          

      Section 2.  That existing section 5117.01 of the Revised     235          

Code is hereby repealed.                                           236          

      Section 3.  That the version of section 5117.01 of the       238          

Revised Code that is to be amended July 1, 2000, be amended to     239          

read as follows:                                                                

      Sec. 5117.01.   As used in sections 5117.01 to 5117.12 of    249          

the Revised Code:                                                               

      (A)  "Credit" means the credit on utility heating bills      251          

granted under division (A) of section 5117.09 of the Revised       252          

Code.                                                              253          

      (B)  "Current monthly bill" means the amount charged for     255          

energy consumed in the most recent monthly billing period and      256          

does not include any past due balance.                             257          

      (C)  "Current total income" means the adjusted gross income  259          

of the head of household and the person's spouse for the           261          

six-month period beginning the first day of January and ending     262          

the thirtieth day of June of the year in which an application is   263          

made, as determined under the "Internal Revenue Code of 1954,"     264          

68A Stat. 3, 26 U.S.C. 1, as amended, minus ADJUSTED AS FOLLOWS:   265          

      (1)  SUBTRACT the amount of disability benefits included in  268          

adjusted gross income but not to exceed twenty-six hundred         269          

dollars, plus;                                                                  

      (2)  ADD old age and survivors benefits received pursuant    272          

to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL     273          

ADJUSTED GROSS INCOME;                                                          

      (3)  ADD retirement, pension, annuity, or other retirement   276          

payments or benefits not included in federal adjusted gross        277          

income;                                                                         

      (4)  ADD payments received pursuant to the "Railroad         280          

Retirement Act," 50 Stat. 307, 45 U.S.C. 228, and;                 281          

      (5)  ADD interest on federal, state, and local government    283          

obligations.  Disability;                                          284          

      (6)  FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR   286          

                                                          7      


                                                                 
THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY     287          

AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE    288          

UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING          289          

SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT:   290          

      (a)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT      292          

WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR     293          

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  294          

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR                    

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE     296          

APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED  297          

IN CURRENT TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT       298          

SUBTRACTED UNDER DIVISION (C)(1) OF THIS SECTION IN THE CURRENT    299          

YEAR;                                                                           

      (b)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT      301          

WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR         302          

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  304          

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR                    

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY        306          

BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (C)(1) OF THIS  307          

SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN CURRENT  308          

TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED       310          

UNDER DIVISION (C)(1) OF THIS SECTION IN THE CURRENT YEAR.         311          

      DISABILITY benefits paid by the veterans administration      315          

DEPARTMENT OF VETERANS' AFFAIRS or a branch of the armed forces    316          

of the United States on account of an injury or disability are     317          

not included in current total income.                              318          

      (D)  "Energy company" means every retail propane dealer      320          

that distributes propane by pipeline, and every electric light,    321          

rural electric, gas, or natural gas company.                       322          

      (E)  "Energy dealer" means every retail dealer of fuel oil,  324          

propane, coal, wood, and kerosene.                                 325          

      (F)  "Head of household" means a person who occupies a       327          

household as the person's homestead and who is financially         328          

responsible for its other occupants, if any, or the spouse of      330          

                                                          8      


                                                                 
such a person if both occupy the same household.  No person is a   331          

head of household if the person occupies a household for the       332          

taxable year prior to the year in which an application is filed    334          

and was claimed as a dependent on the federal income tax return    335          

of another occupant of the same household and was not the          336          

taxpayer's spouse or if the person could have been claimed if      338          

such a return had been filed for such year and was not the other   339          

occupant's spouse.                                                              

      (G)  "Household" means any dwelling unit, including a unit   341          

in a multiple unit dwelling, a manufactured home, or a mobile      343          

home, to which utility heating services or energy commodities are  345          

provided.                                                                       

      (H)  "Payment" means the one hundred twenty-five-dollar      347          

payment provided under division (A) of section 5117.10 of the      348          

Revised Code.                                                      349          

      (I)  "Permanently and totally disabled" refers to a person   351          

who has, on the first day of July of the year an application is    352          

made, some impairment in body or mind that makes the person unfit  354          

to work at any substantially remunerative employment that the      355          

person would otherwise be reasonably able to perform and that      357          

will, with reasonable probability, continue for an indefinite      358          

period of at least twelve months without any present indication    359          

of recovery therefrom, or who has been certified as permanently    360          

and totally disabled by a state or federal agency having the       361          

function of so classifying persons.                                362          

      (J)  "Sixty-five years of age or older" refers to a person   364          

who has attained age sixty-four prior to the first day of January  365          

of the year an application is made.                                366          

      (K)  "Total income" means the adjusted gross income of the   368          

head of household and the person's spouse for the year preceding   370          

the year in which an application is made, as determined under the  371          

"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as      372          

amended, minus ADJUSTED AS FOLLOWS:                                373          

      (1)  SUBTRACT the amount of disability benefits included in  375          

                                                          9      


                                                                 
adjusted gross income but not to exceed fifty-two hundred          377          

dollars, plus;                                                                  

      (2)  ADD old age and survivors benefits received pursuant    379          

to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL     380          

ADJUSTED GROSS INCOME;                                             381          

      (3)  ADD retirement, pension, annuity, or other retirement   384          

payments or benefits not included in federal adjusted gross        385          

income;                                                                         

      (4)  ADD payments received pursuant to the "Railroad         387          

Retirement Act," 50 Stat. 307, 45 U.S.C. 228; and                  388          

      (5)  ADD interest on federal, state, and local government    391          

obligations.  Disability;                                                       

      (6)  FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR   393          

THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY     394          

AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE    395          

UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING          396          

SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT:   397          

      (a)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT      399          

WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR     400          

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  401          

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR       402          

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE     403          

APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED  404          

IN TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED    405          

UNDER DIVISION (K)(1) OF THIS SECTION IN THE CURRENT YEAR;         406          

      (b)  IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT      408          

WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR         409          

PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR  410          

PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR       411          

OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY        412          

BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (K)(1) OF THIS  413          

SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN TOTAL    414          

INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED UNDER       416          

DIVISION (K)(1) OF THIS SECTION IN THE CURRENT YEAR.               417          

                                                          10     


                                                                 
      DISABILITY benefits paid by the department of veterans       420          

VETERANS' affairs or a branch of the armed forces of the United    422          

States on account of an injury or disability shall not be          423          

included in total income.                                                       

      (L)  "Purchased power costs" means charges for the costs of  426          

power purchased by an electric light company under Chapters 4905.               

and 4909. of the Revised Code and includes charges resulting from  427          

the exchange of electric power.                                    428          

      Section 4.  That all existing versions of section 5117.01    430          

of the Revised Code are hereby repealed.                           431          

      Section 5.  Sections 3 and 4 of this act take effect July    433          

1, 2000.