As Passed by the House                        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- REPRESENTATIVES        10           

      HOUSEHOLDER-MOTTLEY-GRENDELL-HAINES-PETERSON-AUSTRIA-                     

 JOLIVETTE-BRITTON-BARNES-HOOD-FLANNERY-HARTNETT-DISTEL-CORBIN-    11           

  TERWILLEGER-PERZ-MEAD-MYERS-TRAKAS-SULZER-OGG-VERICH-GARDNER-    12           

  JERSE-WILSON-BENDER-YOUNG-MAIER-CLANCY-WINKLER-BRADING-CORE-     13           

      HARRIS-METZGER-GOODMAN-JACOBSON-ROMAN-JORDAN-PADGETT-        14           

   WILLAMOWSKI-BUCHY-CALVERT-SUTTON-PRINGLE-BARRETT-KRUPINSKI-     15           

  NETZLEY-DePIERO-HOOPS-CALLENDER-STAPLETON-DAMSCHRODER-ALLEN-     16           

   O'BRIEN-CATES-TAYLOR-KREBS-PATTON-LOGAN-OLMAN-JONES-SMITH-      17           

              AMSTUTZ-D.MILLER-SALERNO-CAREY-EVANS                 18           


_________________________________________________________________   19           

                          A   B I L L                                           

             To amend section 5747.98 and to enact section         21           

                5747.37 of the Revised Code to grant a             22           

                nonrefundable credit against the personal  income  23           

                tax to  persons who adopt children.                25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That section 5747.98 be amended and section      29           

5747.37 of the Revised Code be enacted to read as follows:         30           

      Sec. 5747.37.  AS USED IN THIS SECTION:                      32           

      (A)  "MINOR CHILD" MEANS A PERSON UNDER EIGHTEEN YEARS OF    35           

AGE.                                                                            

      (B)  "LEGALLY ADOPT" MEANS TO ADOPT A MINOR CHILD PURSUANT   38           

TO CHAPTER 3107. OF THE REVISED CODE, OR PURSUANT TO THE LAWS OF   40           

ANY OTHER STATE OR NATION IF SUCH AN ADOPTION IS RECOGNIZABLE                   

UNDER SECTION 3107.18 OF THE REVISED CODE.  FOR THE PURPOSES OF    41           

THIS SECTION, A MINOR CHILD IS LEGALLY ADOPTED WHEN THE FINAL      42           

DECREE OR ORDER OF ADOPTION IS ISSUED BY THE PROPER COURT UNDER    43           

                                                          2      


                                                                 
THE LAWS OF THE STATE OR NATION UNDER WHICH THE CHILD IS ADOPTED,  45           

OR, IN THE CASE OF AN INTERLOCUTORY ORDER OF ADOPTION, WHEN THE    46           

ORDER BECOMES FINAL UNDER THE LAWS OF THE STATE OR NATION.         48           

"LEGALLY ADOPT" DOES NOT INCLUDE THE ADOPTION OF A MINOR CHILD BY  49           

THE CHILD'S STEPPARENT.                                                         

      THERE IS HEREBY GRANTED A CREDIT AGAINST THE TAX IMPOSED BY  51           

SECTION 5747.02 OF THE REVISED CODE FOR THE LEGAL ADOPTION BY A    52           

TAXPAYER OF A MINOR CHILD.  THE AMOUNT OF THE CREDIT SHALL BE      54           

FIVE HUNDRED DOLLARS FOR EACH MINOR CHILD LEGALLY ADOPTED BY THE   55           

TAXPAYER DURING THE TAXABLE YEAR.  THE CREDIT SHALL BE CLAIMED IN  56           

THE ORDER REQUIRED UNDER SECTION 5747.98 OF THE REVISED CODE.                   

FOR THE PURPOSES OF MAKING TAX PAYMENTS UNDER THIS CHAPTER, TAXES  58           

EQUAL TO THE AMOUNT OF THE CREDIT SHALL BE CONSIDERED TO BE PAID   59           

TO THIS STATE ON THE FIRST DAY OF THE TAXABLE YEAR.                60           

      Sec. 5747.98.  (A)  To provide a uniform procedure for       70           

calculating the amount of tax due under section 5747.02 of the     71           

Revised Code, a taxpayer shall claim any credits to which the      72           

taxpayer is entitled in the following order:                       74           

      (2)(1)  The retirement income credit under division (B) of   76           

section 5747.055 of the Revised Code;                              77           

      (3)(2)  The senior citizen credit under division (C) of      79           

section 5747.05 of the Revised Code;                               80           

      (4)(3)  The lump sum distribution credit under division (D)  82           

of section 5747.05 of the Revised Code;                            83           

      (5)(4)  The dependent care credit under section 5747.054 of  85           

the Revised Code;                                                  86           

      (6)(5)  The lump sum retirement income credit under          88           

division (C) of section 5747.055 of the Revised Code;              89           

      (7)(6)  The lump sum retirement income credit under          91           

division (D) of section 5747.055 of the Revised Code;              92           

      (8)(7)  The lump sum retirement income credit under          94           

division (E) of section 5747.055 of the Revised Code;              95           

      (9)(8)  The credit for displaced workers who pay for job     97           

training under section 5747.27 of the Revised Code;                98           

                                                          3      


                                                                 
      (10)(9)  The campaign contribution credit under section      100          

5747.29 of the Revised Code;                                       103          

      (11)(10)  The twenty-dollar personal exemption credit under  105          

section 5747.022 of the Revised Code;                              106          

      (12)(11)  The joint filing credit under division (G) of      108          

section 5747.05 of the Revised Code;                               109          

      (13)(12)  The nonresident credit under division (A) of       111          

section 5747.05 of the Revised Code;                               112          

      (14)(13)  The credit for a resident's out-of-state income    114          

under division (B) of section 5747.05 of the Revised Code;         115          

      (15)(14)  The credit for employers that enter into           118          

agreements with child day-care centers under section 5747.34 of                 

the Revised Code;                                                  119          

      (16)(15)  The credit for employers that reimburse employee   121          

child day-care expenses under section 5747.36 of the Revised       123          

Code;                                                                           

      (16)  THE CREDIT FOR ADOPTION OF A MINOR CHILD UNDER         125          

SECTION 5747.37 OF THE REVISED CODE;                               126          

      (17)  The credit for manufacturing investments under         128          

section 5747.051 of the Revised Code;                              129          

      (18)  The credit for purchases of new manufacturing          131          

machinery and equipment under section 5747.26 or section 5747.261  133          

of the Revised Code;                                                            

      (19)  The second credit for purchases of new manufacturing   136          

machinery and equipment under section 5747.31 of the Revised       137          

Code;                                                                           

      (20)  The enterprise zone credit under section 5709.66 of    139          

the Revised Code;                                                  140          

      (21)  The credit for the eligible costs associated with a    142          

voluntary action under section 5747.32 of the Revised Code;        144          

      (22)  The credit for employers that establish on-site child  147          

day-care centers under section 5747.35 of the Revised Code;        148          

      (23)  The credit for purchases of qualifying grape           150          

production property under section 5747.28 of the Revised Code;     151          

                                                          4      


                                                                 
      (24)  The export sales credit under section 5747.057 of the  154          

Revised Code;                                                                   

      (25)  The credit for research and development and            156          

technology transfer investors under section 5747.33 of the         157          

Revised Code;                                                                   

      (26)  The enterprise zone credits under section 5709.65 of   160          

the Revised Code;                                                               

      (27)  The refundable jobs creation credit under section      163          

5747.058 of the Revised Code;                                                   

      (28)  The refundable credit for taxes paid by a qualifying   165          

entity granted under section 5747.059 of the Revised Code;         166          

      (29)  The refundable credits for taxes paid by a qualifying  169          

pass-through entity granted under division (J) of section 5747.08  171          

of the Revised Code.                                                            

      (B)  For any credit, except the refundable credits           173          

enumerated in divisions (A)(27), (28), and (29) of this section    175          

and the credit granted under division (I) of section 5747.08 of    177          

the Revised Code, the amount of the credit for a taxable year      178          

shall not exceed the tax due after allowing for any other credit   179          

that precedes it in the order required under this section.  Any    180          

excess amount of a particular credit may be carried forward if     181          

authorized under the section creating that credit.  Nothing in     182          

this chapter shall be construed to allow a taxpayer to claim,      183          

directly or indirectly, a credit more than once for a taxable      184          

year.                                                                           

      Section 2.  That existing section 5747.98 of the Revised     186          

Code is hereby repealed.                                           187          

      Section 3.  Section 5747.37 of the Revised Code, as enacted  189          

by this act, applies to adoptions of minor children under final    190          

decrees or orders of adoption duly issued, or interlocutory        191          

orders of adoption that become final, during taxable years         192          

beginning on or after January 1, 1999.                             193