As Passed by the House 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-BLESSING-SPADA-HAGAN-REPRESENTATIVES MOTTLEY- 9
PETERSON-PERRY-FLANNERY-DISTEL-JERSE-GRENDELL-D. MILLER- 10
SULZER-TERWILLEGER-VERICH-ROMAN-SULLIVAN-DePIERO-J. BEATTY- 11
STEVENS-REDFERN-KRUPINSKI-GOODING-R. MILLER-SMITH-WIDENER- 12
PRINGLE-GERBERRY-STAPLETON-VESPER-WILLAMOWSKI-LOGAN-BARRETT- 13
BRITTON-AUSTRIA-HOOPS-VAN VYVEN-METZGER-ROBINSON-TRAKAS- 14
WINKLER-DAMSCHRODER-SALERNO-GOODMAN-KILBANE-BUEHRER-SUTTON- 15
KREBS-METELSKY-BENDER-EVANS-WILSON-SCHURING-TAYLOR-HARTNETT- 16
ASLANIDES-AMSTUTZ-BARNES-ROBERTS-CLANCY-HARRIS-OLMAN-TIBERI- 17
PATTON-ALLEN-YOUNG-SCHULER-HOLLISTER-O'BRIEN 18
_________________________________________________________________ 20
A B I L L
To amend section 5117.01 of the Revised Code to 22
maintain the disability deduction for certain 23
elderly persons who previously qualified for the 24
Ohio Energy Credit Program on the basis of
disability, and to continue the provisions of 25
this act on and after July 1, 2000, by amending
section 5117.01 of the Revised Code, as it 26
results from Am. Sub. S.B. 3 of the 123rd General 27
Assembly, for that same purpose.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That section 5117.01 of the Revised Code be 31
amended to read as follows: 32
Sec. 5117.01. (A) As used in this chapter: 41
(1) "Credit" means the credit on utility heating bills 43
granted under division (A) of section 5117.09 of the Revised 44
Code. 45
2
(2) "Current monthly bill" means the amount charged for 47
energy consumed in the most recent monthly billing period and 48
does not include any past due balance. 49
(3) "Current total income" means the adjusted gross income 51
of the head of household and the person's spouse for the 53
six-month period beginning the first day of January and ending 54
the thirtieth day of June of the year in which an application is 55
made, as determined under the "Internal Revenue Code of 1954," 56
68A Stat. 3, 26 U.S.C. 1, as amended, minus ADJUSTED AS FOLLOWS: 57
(a) SUBTRACT the amount of disability benefits included in 60
adjusted gross income but not to exceed twenty-six hundred 61
dollars, plus;
(b) ADD old age and survivors benefits received pursuant 64
to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL 65
ADJUSTED GROSS INCOME;
(c) ADD retirement, pension, annuity, or other retirement 68
payments or benefits not included in federal adjusted gross 69
income;
(d) ADD payments received pursuant to the "Railroad 72
Retirement Act," 50 Stat. 307, 45 U.S.C. 228, and; 73
(e) ADD interest on federal, state, and local government 75
obligations. Disability; 76
(f) FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR 78
THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY 79
AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE 80
UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING 81
SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT: 82
(i) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 84
WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 85
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 87
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR 88
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE 89
APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED 90
IN CURRENT TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT 91
3
SUBTRACTED UNDER DIVISION (A)(3)(a) OF THIS SECTION IN THE 93
CURRENT YEAR;
(ii) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 95
WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 96
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 98
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR 99
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY 100
BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (A)(3)(a) OF 101
THIS SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN 102
CURRENT TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT
SUBTRACTED UNDER DIVISION (A)(3)(a) OF THIS SECTION IN THE 104
CURRENT YEAR. 105
DISABILITY benefits paid by the veterans administration 108
DEPARTMENT OF VETERANS' AFFAIRS or a branch of the armed forces 109
of the United States on account of an injury or disability are 111
not included in current total income. 112
(4) "Energy company" means every retail propane dealer 114
that distributes propane by pipeline, and every electric light, 115
rural electric, gas, or natural gas company. 116
(5) "Energy dealer" means every retail dealer of fuel oil, 118
propane, coal, wood, and kerosene. 119
(6) "Head of household" means a person who occupies a 121
household as the person's homestead and who is financially 122
responsible for its other occupants, if any, or the spouse of 124
such a person if both occupy the same household. No person is a 125
head of household if the person occupies a household for the 126
taxable year prior to the year in which an application is filed 128
and was claimed as a dependent on the federal income tax return 129
of another occupant of the same household and was not the 130
taxpayer's spouse or if the person could have been claimed if 132
such a return had been filed for such year and was not the other 133
occupant's spouse.
(7) "Household" means any dwelling unit, including a unit 135
in a multiple unit dwelling, a manufactured home, or a mobile 136
4
home, to which utility heating services or energy commodities are 138
provided.
(8) "Payment" means the one hundred twenty-five-dollar 140
payment provided under division (A) of section 5117.10 of the 141
Revised Code. 142
(9) "Permanently and totally disabled" refers to a person 144
who has, on the first day of July of the year an application is 145
made, some impairment in body or mind that makes the person unfit 147
to work at any substantially remunerative employment that the 148
person would otherwise be reasonably able to perform and that 150
will, with reasonable probability, continue for an indefinite 151
period of at least twelve months without any present indication 152
of recovery therefrom, or who has been certified as permanently 153
and totally disabled by a state or federal agency having the 154
function of so classifying persons. 155
(10) "Sixty-five years of age or older" refers to a person 157
who has attained age sixty-four prior to the first day of January 158
of the year of application for reduction in utility charges. 159
(11) "Total income" means the adjusted gross income of the 161
head of household and the person's spouse for the year preceding 163
the year in which an application is made, as determined under the 164
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as 165
amended, minus ADJUSTED AS FOLLOWS: 166
(a) SUBTRACT the amount of disability benefits included in 168
adjusted gross income but not to exceed fifty-two hundred 170
dollars, plus;
(b) ADD old age and survivors benefits received pursuant 172
to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL 173
ADJUSTED GROSS INCOME; 174
(c) ADD retirement, pension, annuity, or other retirement 177
payments or benefits not included in federal adjusted gross 178
income;
(d) ADD payments received pursuant to the "Railroad 180
Retirement Act," 50 Stat. 307, 45 U.S.C. 228; and 181
5
(e) ADD interest on federal, state, and local government 184
obligations. Disability;
(f) FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR 186
THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY 187
AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE 189
UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING 190
SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT: 191
(i) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 193
WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 194
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 196
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR 197
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE 198
APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED 199
IN TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED 200
UNDER DIVISION (A)(11)(a) OF THIS SECTION IN THE CURRENT YEAR; 202
(ii) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 204
WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 205
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 207
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR 208
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY 209
BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (A)(11)(a) OF 210
THIS SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN 211
TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED 212
UNDER DIVISION (A)(11)(a) OF THIS SECTION IN THE CURRENT YEAR. 214
DISABILITY benefits paid by the veteran's administration 217
DEPARTMENT OF VETERANS' AFFAIRS or a branch of the armed forces 219
of the United States on account of an injury or disability shall 220
not be included in total income.
(B) As used in sections 5117.01 to 5117.12 of the Revised 222
Code: 223
(1) "Applicant" means any person who has submitted an 225
application under division (C) of section 5117.03 of the Revised 226
Code. 227
(2) "Application" means the application in section 5117.03 229
6
of the Revised Code. 230
(3) "Program" means the Ohio energy credit program 232
established under sections 5117.01 to 5117.12 of the Revised 233
Code. 234
(4) "Purchased power costs" means charges for the costs of 236
power purchased by an electric light company under Chapters 4905. 237
and 4909. of the Revised Code and includes charges resulting from 238
the exchange of electric power. 239
(C) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 241
2000. 242
Section 2. That existing section 5117.01 of the Revised 244
Code is hereby repealed. 245
Section 3. That the version of section 5117.01 of the 247
Revised Code that is to be amended July 1, 2000, be amended to 248
read as follows:
Sec. 5117.01. As used in sections 5117.01 to 5117.12 of 258
the Revised Code:
(A) "Credit" means the credit on utility heating bills 260
granted under division (A) of section 5117.09 of the Revised 261
Code. 262
(B) "Current monthly bill" means the amount charged for 264
energy consumed in the most recent monthly billing period and 265
does not include any past due balance. 266
(C) "Current total income" means the adjusted gross income 268
of the head of household and the person's spouse for the 270
six-month period beginning the first day of January and ending 271
the thirtieth day of June of the year in which an application is 272
made, as determined under the "Internal Revenue Code of 1954," 273
68A Stat. 3, 26 U.S.C. 1, as amended, minus ADJUSTED AS FOLLOWS: 274
(1) SUBTRACT the amount of disability benefits included in 277
adjusted gross income but not to exceed twenty-six hundred 278
dollars, plus;
(2) ADD old age and survivors benefits received pursuant 281
to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL 282
7
ADJUSTED GROSS INCOME;
(3) ADD retirement, pension, annuity, or other retirement 285
payments or benefits not included in federal adjusted gross 286
income;
(4) ADD payments received pursuant to the "Railroad 289
Retirement Act," 50 Stat. 307, 45 U.S.C. 228, and; 290
(5) ADD interest on federal, state, and local government 292
obligations. Disability; 293
(6) FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR 295
THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY 296
AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE 297
UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING 298
SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT: 299
(a) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 301
WERE NOT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 302
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 303
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE DISABILITY BENEFITS THE 305
APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED 306
IN CURRENT TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT 307
SUBTRACTED UNDER DIVISION (C)(1) OF THIS SECTION IN THE CURRENT 308
YEAR;
(b) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 310
WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 311
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 313
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY 315
BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (C)(1) OF THIS 316
SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN CURRENT 317
TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED 319
UNDER DIVISION (C)(1) OF THIS SECTION IN THE CURRENT YEAR. 320
DISABILITY benefits paid by the veterans administration 324
DEPARTMENT OF VETERANS' AFFAIRS or a branch of the armed forces 325
of the United States on account of an injury or disability are 326
8
not included in current total income. 327
(D) "Energy company" means every retail propane dealer 329
that distributes propane by pipeline, and every electric light, 330
rural electric, gas, or natural gas company. 331
(E) "Energy dealer" means every retail dealer of fuel oil, 333
propane, coal, wood, and kerosene. 334
(F) "Head of household" means a person who occupies a 336
household as the person's homestead and who is financially 337
responsible for its other occupants, if any, or the spouse of 339
such a person if both occupy the same household. No person is a 340
head of household if the person occupies a household for the 341
taxable year prior to the year in which an application is filed 343
and was claimed as a dependent on the federal income tax return 344
of another occupant of the same household and was not the 345
taxpayer's spouse or if the person could have been claimed if 347
such a return had been filed for such year and was not the other 348
occupant's spouse.
(G) "Household" means any dwelling unit, including a unit 350
in a multiple unit dwelling, a manufactured home, or a mobile 352
home, to which utility heating services or energy commodities are 354
provided.
(H) "Payment" means the one hundred twenty-five-dollar 356
payment provided under division (A) of section 5117.10 of the 357
Revised Code. 358
(I) "Permanently and totally disabled" refers to a person 360
who has, on the first day of July of the year an application is 361
made, some impairment in body or mind that makes the person unfit 363
to work at any substantially remunerative employment that the 364
person would otherwise be reasonably able to perform and that 366
will, with reasonable probability, continue for an indefinite 367
period of at least twelve months without any present indication 368
of recovery therefrom, or who has been certified as permanently 369
and totally disabled by a state or federal agency having the 370
function of so classifying persons. 371
9
(J) "Sixty-five years of age or older" refers to a person 373
who has attained age sixty-four prior to the first day of January 374
of the year an application is made. 375
(K) "Total income" means the adjusted gross income of the 377
head of household and the person's spouse for the year preceding 379
the year in which an application is made, as determined under the 380
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as 381
amended, minus ADJUSTED AS FOLLOWS: 382
(1) SUBTRACT the amount of disability benefits included in 384
adjusted gross income but not to exceed fifty-two hundred 386
dollars, plus;
(2) ADD old age and survivors benefits received pursuant 388
to the "Social Security Act," THAT ARE NOT INCLUDED IN FEDERAL 389
ADJUSTED GROSS INCOME; 390
(3) ADD retirement, pension, annuity, or other retirement 393
payments or benefits not included in federal adjusted gross 394
income;
(4) ADD payments received pursuant to the "Railroad 396
Retirement Act," 50 Stat. 307, 45 U.S.C. 228; and 397
(5) ADD interest on federal, state, and local government 400
obligations. Disability;
(6) FOR AN APPLICANT WHO RECEIVED A CREDIT OR PAYMENT FOR 402
THE PRECEDING HEATING SEASON ON THE BASIS OF BEING PERMANENTLY 403
AND TOTALLY DISABLED AND WHOSE APPLICATION RENEWAL FORM FOR THE 404
UPCOMING HEATING SEASON IS MADE ON THE BASIS OF ATTAINING 405
SIXTY-FIVE YEARS OF AGE OR OLDER, SUBTRACT THE FOLLOWING AMOUNT: 406
(a) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 408
WERE NOT 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 DISABILITY BENEFITS THE 412
APPLICANT RECEIVED IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED 413
IN TOTAL INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED 414
UNDER DIVISION (K)(1) OF THIS SECTION IN THE CURRENT YEAR; 415
10
(b) IF THE APPLICANT RECEIVED DISABILITY BENEFITS THAT 417
WERE INCLUDED IN FEDERAL ADJUSTED GROSS INCOME IN THE YEAR 418
PRECEDING A YEAR IN WHICH THE APPLICANT APPLIES FOR THE CREDIT OR 419
PAYMENT ON THE BASIS OF ATTAINING SIXTY-FIVE YEARS OF AGE OR 420
OLDER, SUBTRACT AN AMOUNT EQUAL TO THE AMOUNT OF DISABILITY 421
BENEFITS THAT WERE SUBTRACTED PURSUANT TO DIVISION (K)(1) OF THIS 422
SECTION IN THAT PRECEDING YEAR, TO THE EXTENT INCLUDED IN TOTAL 423
INCOME, AS DEFINED IN THIS SECTION, AND NOT SUBTRACTED UNDER 425
DIVISION (K)(1) OF THIS SECTION IN THE CURRENT YEAR. 426
DISABILITY benefits paid by the department of veterans 429
VETERANS' affairs or a branch of the armed forces of the United 431
States on account of an injury or disability shall not be 432
included in total income.
(L) "Purchased power costs" means charges for the costs of 435
power purchased by an electric light company under Chapters 4905.
and 4909. of the Revised Code and includes charges resulting from 436
the exchange of electric power. 437
Section 4. That all existing versions of section 5117.01 439
of the Revised Code are hereby repealed. 440
Section 5. Sections 3 and 4 of this act take effect July 442
1, 2000.