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H. B. No. 75 As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Chandler, Moran
Cosponsors:
Representatives Harwood, Harris, Fende, Williams, B., Dodd, Ujvagi, Evans, Okey, Williams, S., Newcomb, Gardner, Yates, Luckie, Yuko, Phillips, Patten, Stewart, Stebelton, Huffman, Hagan, Domenick, Skindell, Koziura, Brown, Gerberry, Lundy, Mallory, Sayre, Belcher, Daniels, Adams, J., Grossman, Hall, Hite
A BILL
To amend section 5747.113 and to enact section
149.308 of the Revised Code to allow taxpayers to
contribute a portion of their income tax refunds
to the Ohio Historical Society.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5747.113 be amended and section
149.308 of the Revised Code be enacted to read as follows:
Sec. 149.308. There is hereby created in the state treasury
the Ohio historical society income tax contribution fund, which
shall consist of money contributed to it under section 5747.113 of
the Revised Code and of contributions made directly to it. Any
person may contribute directly to the fund in addition to or
independently of the income tax refund contribution system
established in section 5747.113 of the Revised Code.
The Ohio historical society shall use money credited to the
fund in furtherance of the public functions with which the society
is charged under section 149.30 of the Revised Code.
Sec. 5747.113. (A) Any taxpayer claiming a refund under
section
5747.11 of the Revised Code for taxable years ending on
or
after
October 14, 1983, who wishes to contribute any part of
the
taxpayer's refund to the natural areas and preserves
fund created
in
section 1517.11 of the Revised Code, the nongame and endangered
wildlife fund created in section 1531.26 of the Revised Code, the
military injury relief fund created in section 5101.98 of the
Revised Code, the Ohio historical society income tax contribution
fund created in section 149.308 of the Revised Code, or
all of
those funds, may designate on
the taxpayer's income tax return the
amount that
the taxpayer wishes to contribute to the fund
or
funds. A designated
contribution is irrevocable upon the filing
of
the return and
shall be made in the full amount designated if
the
refund found
due the taxpayer upon the initial processing of
the
taxpayer's return, after any deductions including those
required
by
section 5747.12 of the Revised Code, is greater than
or equal
to the
designated
contribution. If the refund due as
initially
determined is less
than the designated contribution, the
contribution shall be made
in the full amount of the refund. The
tax commissioner shall
subtract the amount of the contribution
from the amount of the
refund initially found due the taxpayer and
shall certify the
difference to the director of budget and
management and treasurer
of state for payment to the taxpayer in
accordance with section
5747.11 of the Revised Code. For the
purpose of any subsequent
determination of the taxpayer's net tax
payment, the contribution
shall be considered a part of the refund
paid to the taxpayer.
(B) The tax commissioner shall provide a space on the income
tax
return form in which a taxpayer may indicate that
the
taxpayer
wishes to make a donation in accordance with this section. The
tax
commissioner shall also print in the instructions accompanying
the
income tax return form a description of the purposes for
which
the
natural areas and preserves fund, the nongame and
endangered
wildlife fund, and the military injury relief fund, and the Ohio
historical society income tax contribution fund were created and
the use of moneys from
the income tax refund contribution system
established in this
section. No person shall designate on
the
person's income
tax
return any
part of a refund claimed under
section 5747.11 of the
Revised
Code as a contribution to any fund
other than the natural
areas
and preserves fund, the nongame and
endangered wildlife
fund, the military injury relief fund, or
all
of those funds the Ohio historical society income tax contribution
fund.
(C) The money collected under the income tax refund
contribution
system established in this section shall be
deposited
by the tax
commissioner into the natural areas and
preserves fund,
the
nongame and endangered wildlife fund, and the military injury
relief fund, and the Ohio historical society income tax
contribution fund in
the amounts designated on
the tax returns.
(D) No later than the thirtieth day of September each year,
the
tax commissioner shall determine the total amount contributed
to
each fund under this section during the preceding eight months,
any adjustments to prior months, and the cost to the department
of
taxation of administering the income tax refund contribution
system during that eight-month period. The commissioner shall
make
an additional determination no later than the thirty-first
day of
January of each year of the total amount contributed to
each fund
under this section during the preceding four calendar
months, any
adjustments to prior years made during that
four-month
period, and
the cost to the department of taxation of
administering the income
tax contribution system during that
period. The cost of
administering the income tax contribution
system shall be
certified by the tax commissioner to the director
of budget and
management, who shall transfer an amount equal to
one-third
one-fourth of such administrative costs from the natural areas and
preserves fund, one-third one-fourth of such costs from the
nongame and
endangered wildlife fund, and one-third one-fourth of
such costs from the military injury relief fund, and one-fourth of
such costs from the Ohio historical society income tax
contribution fund to the litter control and natural
resource tax
administration fund, which is hereby created,
provided that the
moneys that the department receives to pay the
cost of
administering the income tax refund contribution system
in
any
year shall not exceed two and one-half per cent of the
total
amount contributed under that system during that year.
(E)(1) The director of natural resources, in January of every
odd-numbered year, shall report to the general assembly on the
effectiveness of the income tax refund contribution system as it
pertains to the natural areas and preserves fund and the nongame
and endangered wildlife fund. The
report shall include the amount
of money contributed to each fund in each of the previous five
years, the amount of
money contributed directly to each fund in
addition to or
independently of the income tax refund contribution
system in
each
of the previous five years, and the purposes for
which the
money
was expended.
(2) The director of job and family services and the director
of the Ohio historical society, in January of every odd-numbered
year, each shall report to the general assembly on the
effectiveness of the income tax refund contribution system as it
pertains to the military injury relief fund and the Ohio
historical society income tax contribution fund, respectively. The
report shall include the amount of money contributed to the fund
in each of the previous five years, the amount of money
contributed directly to the fund in addition to or independently
of the income tax refund contribution system in each of the
previous five years, and the purposes for which the money was
expended.
Section 2. That existing section 5747.113 of the Revised Code
is hereby repealed.
Section 3. The amendment by this act of section 5747.113 of
the Revised Code applies to taxable years beginning on or after
January 1, 2009.
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