As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                                Am. S. B. No. 4  5            

      1999-2000                                                    6            


    SENATORS MUMPER-BLESSING-JOHNSON-DRAKE-LATTA-WHITE-WATTS-      8            

              RAY-GARDNER-ARMBRUSTER-SPADA-PRENTISS                9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend section 5747.98 and to enact section         13           

                5747.37 of the Revised Code to grant a             14           

                nonrefundable credit against the personal  income  15           

                tax to  persons who adopt children.                17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 5747.98 be amended and section      21           

5747.37 of the Revised Code be enacted to read as follows:         22           

      Sec. 5747.37.  AS USED IN THIS SECTION:                      24           

      (A)  "MINOR CHILD" MEANS A PERSON UNDER EIGHTEEN YEARS OF    27           

AGE.                                                                            

      (B)  "LEGALLY ADOPT" MEANS TO ADOPT A MINOR CHILD PURSUANT   30           

TO CHAPTER 3107. OF THE REVISED CODE, OR PURSUANT TO THE LAWS OF   32           

ANY OTHER STATE OR NATION IF SUCH AN ADOPTION IS RECOGNIZABLE                   

UNDER SECTION 3107.18 OF THE REVISED CODE.  FOR THE PURPOSES OF    33           

THIS SECTION, A MINOR CHILD IS LEGALLY ADOPTED WHEN THE FINAL      34           

DECREE OR ORDER OF ADOPTION IS ISSUED BY THE PROPER COURT UNDER    35           

THE LAWS OF THE STATE OR NATION UNDER WHICH THE CHILD IS ADOPTED,  37           

OR, IN THE CASE OF AN INTERLOCUTORY ORDER OF ADOPTION, WHEN THE    38           

ORDER BECOMES FINAL UNDER THE LAWS OF THE STATE OR NATION.         40           

"LEGALLY ADOPT" DOES NOT INCLUDE THE ADOPTION OF A MINOR CHILD BY  41           

THE CHILD'S STEPPARENT.                                                         

      THERE IS HEREBY GRANTED A CREDIT AGAINST THE TAX IMPOSED BY  43           

SECTION 5747.02 OF THE REVISED CODE FOR THE LEGAL ADOPTION BY A    44           

TAXPAYER OF A MINOR CHILD.  THE AMOUNT OF THE CREDIT SHALL BE      46           

FIVE HUNDRED DOLLARS FOR EACH MINOR CHILD LEGALLY ADOPTED BY THE   47           

                                                          2      


                                                                 
TAXPAYER DURING THE TAXABLE YEAR.  THE CREDIT SHALL BE CLAIMED IN  48           

THE ORDER REQUIRED UNDER SECTION 5747.98 OF THE REVISED CODE.                   

FOR THE PURPOSES OF MAKING TAX PAYMENTS UNDER THIS CHAPTER, TAXES  50           

EQUAL TO THE AMOUNT OF THE CREDIT SHALL BE CONSIDERED TO BE PAID   51           

TO THIS STATE ON THE FIRST DAY OF THE TAXABLE YEAR.                52           

      Sec. 5747.98.  (A)  To provide a uniform procedure for       62           

calculating the amount of tax due under section 5747.02 of the     63           

Revised Code, a taxpayer shall claim any credits to which the      64           

taxpayer is entitled in the following order:                       66           

      (2)(1)  The retirement income credit under division (B) of   68           

section 5747.055 of the Revised Code;                              69           

      (3)(2)  The senior citizen credit under division (C) of      71           

section 5747.05 of the Revised Code;                               72           

      (4)(3)  The lump sum distribution credit under division (D)  74           

of section 5747.05 of the Revised Code;                            75           

      (5)(4)  The dependent care credit under section 5747.054 of  77           

the Revised Code;                                                  78           

      (6)(5)  The lump sum retirement income credit under          80           

division (C) of section 5747.055 of the Revised Code;              81           

      (7)(6)  The lump sum retirement income credit under          83           

division (D) of section 5747.055 of the Revised Code;              84           

      (8)(7)  The lump sum retirement income credit under          86           

division (E) of section 5747.055 of the Revised Code;              87           

      (9)(8)  The credit for displaced workers who pay for job     89           

training under section 5747.27 of the Revised Code;                90           

      (10)(9)  The campaign contribution credit under section      92           

5747.29 of the Revised Code;                                       95           

      (11)(10)  The twenty-dollar personal exemption credit under  97           

section 5747.022 of the Revised Code;                              98           

      (12)(11)  The joint filing credit under division (G) of      100          

section 5747.05 of the Revised Code;                               101          

      (13)(12)  The nonresident credit under division (A) of       103          

section 5747.05 of the Revised Code;                               104          

      (14)(13)  The credit for a resident's out-of-state income    106          

                                                          3      


                                                                 
under division (B) of section 5747.05 of the Revised Code;         107          

      (15)(14)  The credit for employers that enter into           110          

agreements with child day-care centers under section 5747.34 of                 

the Revised Code;                                                  111          

      (16)(15)  The credit for employers that reimburse employee   113          

child day-care expenses under section 5747.36 of the Revised       115          

Code;                                                                           

      (16)  THE CREDIT FOR ADOPTION OF A MINOR CHILD UNDER         117          

SECTION 5747.37 OF THE REVISED CODE;                               118          

      (17)  The credit for manufacturing investments under         120          

section 5747.051 of the Revised Code;                              121          

      (18)  The credit for purchases of new manufacturing          123          

machinery and equipment under section 5747.26 or section 5747.261  125          

of the Revised Code;                                                            

      (19)  The second credit for purchases of new manufacturing   128          

machinery and equipment under section 5747.31 of the Revised       129          

Code;                                                                           

      (20)  The enterprise zone credit under section 5709.66 of    131          

the Revised Code;                                                  132          

      (21)  The credit for the eligible costs associated with a    134          

voluntary action under section 5747.32 of the Revised Code;        136          

      (22)  The credit for employers that establish on-site child  139          

day-care centers under section 5747.35 of the Revised Code;        140          

      (23)  The credit for purchases of qualifying grape           142          

production property under section 5747.28 of the Revised Code;     143          

      (24)  The export sales credit under section 5747.057 of the  146          

Revised Code;                                                                   

      (25)  The credit for research and development and            148          

technology transfer investors under section 5747.33 of the         149          

Revised Code;                                                                   

      (26)  The enterprise zone credits under section 5709.65 of   152          

the Revised Code;                                                               

      (27)  The refundable jobs creation credit under section      155          

5747.058 of the Revised Code;                                                   

                                                          4      


                                                                 
      (28)  The refundable credit for taxes paid by a qualifying   157          

entity granted under section 5747.059 of the Revised Code;         158          

      (29)  The refundable credits for taxes paid by a qualifying  161          

pass-through entity granted under division (J) of section 5747.08  163          

of the Revised Code.                                                            

      (B)  For any credit, except the refundable credits           165          

enumerated in divisions (A)(27), (28), and (29) of this section    167          

and the credit granted under division (I) of section 5747.08 of    169          

the Revised Code, the amount of the credit for a taxable year      170          

shall not exceed the tax due after allowing for any other credit   171          

that precedes it in the order required under this section.  Any    172          

excess amount of a particular credit may be carried forward if     173          

authorized under the section creating that credit.  Nothing in     174          

this chapter shall be construed to allow a taxpayer to claim,      175          

directly or indirectly, a credit more than once for a taxable      176          

year.                                                                           

      Section 2.  That existing section 5747.98 of the Revised     178          

Code is hereby repealed.                                           179          

      Section 3.  Section 5747.37 of the Revised Code, as enacted  181          

by this act, applies to adoptions of minor children under final    182          

decrees or orders of adoption duly issued, or interlocutory        183          

orders of adoption that become final, during taxable years         184          

beginning on or after January 1, 1999.                             185