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Sub. H. B. No. 495 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
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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
expressly incorporate changes in the Internal
Revenue Code since October 16, 2009, into Ohio
law; to suspend the operation of sections 101.82,
101.83, 101.84, 101.85, 101.86, and 101.87 of the
Revised Code and Section 6 of Am. Sub. H.B. 516 of
the 125th General Assembly to postpone operation
of the sunset review law until July 1, 2011; and
to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5701.11 of the Revised Code be
amended to read as follows:
Sec. 5701.11. The effective date to which this section
refers is the effective date of this section as amended by
H.B. 1
H.B. 495 of the 128th general assembly.
(A)(1) Except as provided under division (A)(2) or (B) of
this section, any reference in Title LVII of the Revised Code to
the Internal Revenue Code, to the Internal Revenue Code "as
amended," to other laws of the United States, or to other laws of
the United States, "as amended," means the Internal Revenue Code
or other laws of the United States as they exist on the effective
date.
(2) This section does not apply to any reference in Title
LVII of the Revised Code to the Internal Revenue Code as of a date
certain specifying the day, month, and year, or to other laws of
the United States as of a date certain specifying the day, month,
and year.
(B)(1) For purposes of applying section 5733.04, 5745.01, or
5747.01 of the Revised Code to a taxpayer's taxable year ending
after December 30, 2008 October 16, 2009, and before the effective
date, a taxpayer may irrevocably elect to incorporate the
provisions of the Internal Revenue Code or other laws of the
United States that are in effect for federal income tax purposes
for that taxable year if those provisions differ from the
provisions that, under division (A) of this section, would
otherwise apply. The filing by the taxpayer for that taxable year
of a report or return that incorporates the provisions of the
Internal Revenue Code or other laws of the United States
applicable for federal income tax purposes for that taxable year,
and that does not include any adjustments to reverse the effects
of any differences between those provisions and the provisions
that would otherwise apply, constitutes the making of an
irrevocable election under this division for that taxable year.
(2) Elections under prior versions of division (B)(1) of this
section remain in effect for the taxable years to which they
apply.
Section 2. That existing section 5701.11 of the Revised Code
is hereby repealed.
Section 3. During the period beginning on the effective date
of this section and ending on July 1, 2011, the operation of
sections 101.82, 101.83, 101.84, 101.85, 101.86, and 101.87 of the
Revised Code and Section 6 of Am. Sub. H.B. 516 of the 125th
General Assembly is suspended. Upon the ending of the period of
suspension, sections 101.82, 101.83, 101.84, 101.85, 101.86, and
101.87 of the Revised Code and Section 6 of Am. Sub. H.B. 516 of
the 125th General Assembly, in either their present form or as
they are in the meantime amended or re-enacted, again become fully
operational.
Section 4. It is the intent of Section 3 of this act to
postpone, until July 1, 2011, the expiration of agencies and the
repeal of the sunset review law that otherwise would occur on
December 31, 2010, in the absence of the suspension provided for
in that section.
Section 5. This act is an emergency measure necessary for the
immediate preservation of the public peace, health, and safety.
The sunset review law is scheduled to operate on December 31,
2010, as a matter of law. But the General Assembly needs more time
to consider and enact legislation specifying how that operation is
to occur. In the absence of that specifying legislation, allowing
the sunset review law to operate automatically could have
unintended effects, and also could result in uncertainty and
confusion. Furthermore, the law that generally will apply to Ohio
taxpayers beginning on January 1, 2011, will not be clear without
the incorporation of recent changes in the Internal Revenue Code
into Ohio law. Therefore, this act goes into immediate effect.
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