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Sub. S. B. No. 303 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors: Senators Fedor, Gillmor, Goodman, Grendell, Miller, D., Sawyer, Harris
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 and to request the
Congressional Joint Committee on the Library of
Congress to approve the replacement of Ohio's
statue of Governor William Allen in the National
Statuary Hall Collection with a statue of Thomas
Edison.
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, 2010.
Section 4. (A) The state of Ohio requests that the Joint
Committee on the Library of Congress approve the replacement of
Ohio's statue of Governor William Allen in the National Statuary
Hall Collection with a statue of Thomas Edison.
(B) In accordance with the Procedure for Replacement of
Statues in the National Statuary Hall Collection, Ohio submits the
following information for consideration by the Joint Committee on
the Library of Congress:
(1) Thomas Edison, a native of Milan, Ohio, was a world
famous inventor and highly successful businessperson whose
inventions, such as the phonograph, the kinetoscope (a precursor
to the film projector), and the first practical incandescent light
bulb, have had a tremendous impact on the world. In addition to
these inventions, Thomas Edison's service to the United States
Government has also impacted world history. During World War I, he
consulted for the government, examining inventions submitted for
military use and working on defensive devices for submarines and
ships. For his service, he eventually was awarded a Distinguished
Service Medal by the Department of the Navy. By the time of his
death, he had received over one thousand patents.
Thomas Edison also has had a significant impact on the state
of Ohio. He established the Edison Steel Company in Cleveland,
Ohio, and established one of the first electric power stations in
Tiffin, Ohio. His General Electric Company established the first
industrial park in Ohio, which has employed hundreds of thousands
of people over time. And the Ohio Department of Development
sponsors The Thomas Edison Award, which was established in
partnership with the Edison Birthplace Museum in Milan, Ohio. The
Edison Birthplace Museum also has been instrumental in the
issuance of a Thomas Edison stamp and commemorative silver dollar,
and has received, on Thomas Edison's behalf, a posthumously
awarded GRAMMY Award.
Thomas Edison's impact on the world, and, in particular, on
the state of Ohio, through his inventions, business endeavors, and
government service, merits inclusion of a statue of him in the
National Statuary Hall Collection.
(2) The Ohio Statuary Hall Commission, a nonprofit Ohio
corporation, was established in 2009 for the purpose of assisting
with the process of recommending an Ohio citizen for statuary
representation in the National Statuary Hall Collection, including
raising funds and providing financial support for that effort. If
the Joint Committee on the Library of Congress approves this
replacement statue request, the Commission shall be responsible
for the selection of a sculptor for the Thomas Edison statue as
well as for paying all costs incurred for placing the Thomas
Edison statue in the United States Capitol, including costs
incurred for all of the following:
(b) Carving or casting the statue;
(c) Creating a pedestal and any inscription;
(d) Transporting the statue and pedestal to the United States
Capitol;
(e) Removing and transporting the replaced statue;
(f) Temporarily erecting the new statue in the Rotunda of the
Capitol for the unveiling ceremony;
(g) Expenses related to the unveiling ceremony; and
(h) Any other expenses that the Ohio Statuary Hall Commission
finds it to be necessary to incur.
(C) As required by the Procedure for Replacement of Statues
in the National Statuary Hall Collection, the Governor shall
submit to the Architect of the Capitol a copy of this act, along
with a letter from the Governor, requesting approval from the
Joint Committee on the Library of Congress to replace Ohio's
statue of Governor William Allen in the National Statuary Hall
Collection with a statue of Thomas Edison.
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