As Passed by the Senate

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 495


Representatives Book, Dodd 

Cosponsors: Representatives Gerberry, Mallory, Belcher, Williams, B., Daniels, Adams, J., Grossman, Hite, Jordan, Stebelton, Bacon, Bolon, Boose, Carney, Combs, DeGeeter, Derickson, Domenick, Driehaus, Dyer, Evans, Foley, Garland, Garrison, Hackett, Hall, Harris, Harwood, Hottinger, Letson, McClain, McGregor, Moran, Morgan, Newcomb, Oelslager, Patten, Phillips, Pillich, Pryor, Wagner, Weddington, Winburn, Yuko, Zehringer 

Senator Wilson 



A BILL
To amend section 5701.11 of the Revised Code to 1
expressly incorporate changes in the Internal 2
Revenue Code since October 16, 2009, into Ohio 3
law; to suspend the operation of sections 101.82, 4
101.83, 101.84, 101.85, 101.86, and 101.87 of the 5
Revised Code and Section 6 of Am. Sub. H.B. 516 of 6
the 125th General Assembly to postpone operation 7
of the sunset review law until July 1, 2011; and 8
to declare an emergency.9


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

       Section 1. That section 5701.11 of the Revised Code be 10
amended to read as follows:11

       Sec. 5701.11.  The effective date to which this section 12
refers is the effective date of this section as amended by H.B. 113
H.B. 495 of the 128th general assembly.14

       (A)(1) Except as provided under division (A)(2) or (B) of 15
this section, any reference in Title LVII of the Revised Code to 16
the Internal Revenue Code, to the Internal Revenue Code "as 17
amended," to other laws of the United States, or to other laws of 18
the United States, "as amended," means the Internal Revenue Code 19
or other laws of the United States as they exist on the effective 20
date. 21

       (2) This section does not apply to any reference in Title 22
LVII of the Revised Code to the Internal Revenue Code as of a date 23
certain specifying the day, month, and year, or to other laws of 24
the United States as of a date certain specifying the day, month, 25
and year.26

       (B)(1) For purposes of applying section 5733.04, 5745.01, or 27
5747.01 of the Revised Code to a taxpayer's taxable year ending 28
after December 30, 2008October 16, 2009, and before the effective 29
date, a taxpayer may irrevocably elect to incorporate the 30
provisions of the Internal Revenue Code or other laws of the 31
United States that are in effect for federal income tax purposes 32
for that taxable year if those provisions differ from the 33
provisions that, under division (A) of this section, would 34
otherwise apply. The filing by the taxpayer for that taxable year 35
of a report or return that incorporates the provisions of the 36
Internal Revenue Code or other laws of the United States 37
applicable for federal income tax purposes for that taxable year, 38
and that does not include any adjustments to reverse the effects 39
of any differences between those provisions and the provisions 40
that would otherwise apply, constitutes the making of an 41
irrevocable election under this division for that taxable year.42

       (2) Elections under prior versions of division (B)(1) of this 43
section remain in effect for the taxable years to which they 44
apply.45

       Section 2. That existing section 5701.11 of the Revised Code 46
is hereby repealed.47

       Section 3.  During the period beginning on the effective date 48
of this section and ending on July 1, 2011, the operation of 49
sections 101.82, 101.83, 101.84, 101.85, 101.86, and 101.87 of the 50
Revised Code and Section 6 of Am. Sub. H.B. 516 of the 125th 51
General Assembly is suspended. Upon the ending of the period of 52
suspension, sections 101.82, 101.83, 101.84, 101.85, 101.86, and 53
101.87 of the Revised Code and Section 6 of Am. Sub. H.B. 516 of 54
the 125th General Assembly, in either their present form or as 55
they are in the meantime amended or re-enacted, again become fully 56
operational.57

       Section 4.  It is the intent of Section 3 of this act to 58
postpone, until July 1, 2011, the expiration of agencies and the 59
repeal of the sunset review law that otherwise would occur on 60
December 31, 2010, in the absence of the suspension provided for 61
in that section.62

       Section 5. This act is an emergency measure necessary for the 63
immediate preservation of the public peace, health, and safety. 64
The sunset review law is scheduled to operate on December 31, 65
2010, as a matter of law. But the General Assembly needs more time 66
to consider and enact legislation specifying how that operation is 67
to occur. In the absence of that specifying legislation, allowing 68
the sunset review law to operate automatically could have 69
unintended effects, and also could result in uncertainty and 70
confusion. Furthermore, the law that generally will apply to Ohio 71
taxpayers beginning on January 1, 2011, will not be clear without 72
the incorporation of recent changes in the Internal Revenue Code 73
into Ohio law. Therefore, this act goes into immediate effect.74