Bill Text: OH SB30 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: To allow taxpayers to make contributions to the American Red Cross Ohio Disaster Response Readiness and Preparedness Fund through their income tax returns.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-02-12 - To Ways & Means [SB30 Detail]

Download: Ohio-2013-SB30-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 30


Senator Schaffer 

Cosponsor: Senator Brown 



A BILL
To amend sections 1517.11, 1531.26, 5101.98, and 1
5747.113 and to enact section 5502.23 of the 2
Revised Code to allow taxpayers to make 3
contributions to the American Red Cross Ohio 4
Disaster Response Readiness and Preparedness Fund 5
through their income tax returns.6


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

       Section 1. That sections 1517.11, 1531.26, 5101.98, and 7
5747.113 be amended and section 5502.23 of the Revised Code be 8
enacted to read as follows:9

       Sec. 1517.11.  There is hereby created in the state treasury 10
the natural areas and preserves fund, which shall consist of 11
moneys transferred into it under section 5747.113 of the Revised 12
Code and of contributions made directly to it. Any person may 13
contribute directly to the fund in addition to or independently of 14
the income tax refund contribution system established in that 15
section. 16

       Moneys in the fund shall be disbursed pursuant to vouchers 17
approved by the director of natural resources for use by the 18
division of natural areas and preserves solely for the following 19
purposes:20

       (A) The acquisition of new or expanded natural areas and 21
nature preserves;22

       (B) Facility development in natural areas and nature 23
preserves;24

       (C) Special projects, including, but not limited to, 25
biological inventories, research grants, and the production of 26
interpretive material related to natural areas and nature 27
preserves;28

       (D) Routine maintenance for health and safety purposes.29

       Moneys appropriated from the fund shall not be used to fund 30
salaries of permanent employees or administrative costs. 31

       All investment earnings of the fund shall be credited to the 32
fund.33

       Sec. 1531.26.  There is hereby created in the state treasury 34
the nongame and endangered wildlife fund, which shall consist of 35
moneys paid into it by the tax commissioner under section 5747.113 36
of the Revised Code, moneys deposited in the fund from the 37
issuance of wildlife conservation license plates under section 38
4503.57 of the Revised Code, moneys deposited in the fund from the 39
issuance of bald eagle license plates under section 4503.572 of 40
the Revised Code, moneys credited to the fund under section 41
1533.151 of the Revised Code, and contributions made directly to 42
it. Any person may contribute directly to the fund in addition to 43
or independently of the income tax refund contribution system 44
established in section 5747.113 of the Revised Code. Moneys in the 45
fund shall be disbursed pursuant to vouchers approved by the 46
director of natural resources for use by the division of wildlife 47
solely for the purchase, management, preservation, propagation, 48
protection, and stocking of wild animals that are not commonly 49
taken for sport or commercial purposes, including the acquisition 50
of title and easements to lands, biological investigations, law 51
enforcement, production of educational materials, sociological 52
surveys, habitat development, and personnel and equipment costs; 53
and for carrying out section 1531.25 of the Revised Code. Moneys 54
in the fund also may be used to promote and develop nonconsumptive 55
wildlife recreational opportunities involving wild animals. Moneys 56
in the fund from the issuance of bald eagle license plates under 57
section 4503.572 of the Revised Code shall be expended by the 58
division only to pay the costs of acquiring, developing, and 59
restoring habitat for bald eagles within this state. Moneys in the 60
fund from any other source also may be used to pay the costs of 61
acquiring, developing, and restoring habitat for bald eagles 62
within this state.63

       All investment earnings of the fund shall be credited to the 64
fund. Subject to the approval of the director, the chief of the 65
division of wildlife may enter into agreements that the chief 66
considers appropriate to obtain additional moneys for the 67
protection of nongame native wildlife under the "Endangered 68
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1541-1543, as 69
amended, and the "Fish and Wildlife Conservation Act of 1980," 94 70
Stat. 1322, 16 U.S.C.A. 2901-2911, as amended. Moneys appropriated 71
from the fund are not intended to replace other moneys 72
appropriated for these purposes.73

       Sec. 5101.98.  (A) There is hereby created in the state 74
treasury the military injury relief fund, which shall consist of 75
money contributed to it under section 5747.113 of the Revised 76
Code, of incentive grants authorized by the "Jobs for Veterans 77
Act," 116 Stat. 2033 (2002), and of contributions made directly to 78
it. Any person or entity may contribute directly to the fund in 79
addition to or independently of the income tax refund contribution 80
system established in section 5747.113 of the Revised Code.81

       (B) Upon application, the director of job and family services 82
shall grant money in the fund to individuals injured while in 83
active service as a member of the armed forces of the United 84
States while serving under operation Iraqi freedom, operation new 85
dawn, or operation enduring freedom and to individuals diagnosed 86
with post-traumatic stress disorder while serving, or after having 87
served, in operation Iraqi freedom, operation new dawn, or 88
operation enduring freedom.89

       (C) An individual who receives a grant under this section is 90
precluded from receiving additional grants under this section 91
during the same state fiscal year but is not precluded from being 92
considered for or receiving other assistance offered by the 93
department of job and family services.94

       (D) The director shall adopt rules under Chapter 119. of the 95
Revised Code establishing:96

       (1) Forms and procedures by which individuals may apply for a 97
grant under this section;98

       (2) Criteria for reviewing, evaluating, and approving or 99
denying grant applications;100

       (3) Criteria for determining the amount of grants awarded 101
under this section; 102

       (4) Definitions and standards applicable to determining 103
whether an individual meets the requirements established in 104
division (B) of this section;105

       (5) The process for appealing eligibility determinations; and106

       (6) Any other rules necessary to administer the grant program 107
established in this section.108

       (E) An eligibility determination, a grant approval, or a 109
grant denial made under this section may not be appealed under 110
Chapter 119., section 5101.35, or any other provision of the 111
Revised Code.112

       Sec. 5502.23.  (A) There is hereby created in the state 113
treasury the American red cross Ohio disaster response readiness 114
and preparedness fund, which shall consist of money transferred to 115
it under section 5747.113 of the Revised Code and of contributions 116
made directly to it. Any person may contribute directly to the 117
fund in addition to or independently of the income tax 118
contribution system established in section 5747.113 of the Revised 119
Code.120

       (B) Each year, the executive director of the state emergency 121
management agency created under section 5502.22 of the Revised 122
Code shall make one or more grants to the American red cross 123
greater Columbus chapter from money appropriated for that purpose 124
from the American red cross Ohio disaster response readiness and 125
preparedness fund, to be used by the American red cross chapters 126
in Ohio for planning, for the implementation of programs to assist 127
in disaster preparedness and response throughout this state, and 128
for the costs of administering those programs. The American red 129
cross greater Columbus chapter, on behalf of American red cross 130
chapters in Ohio, shall submit to the executive director its plan 131
for the use of any grants received under this section within sixty 132
days after the effective date of any section of law appropriating 133
money from the fund for the purpose of such grants.134

       (C) If the American red cross greater Columbus chapter ceases 135
to exist, the executive director shall use money in the American 136
red cross Ohio disaster response readiness and preparedness fund 137
to make grants to the American red cross to be used for disaster 138
preparedness, response, and planning throughout this state.139

       Sec. 5747.113. (A)(1) Any taxpayer claiming a refund under 140
section 5747.11 of the Revised Code who wishes to contribute any 141
part of the taxpayer's refund to the natural areas and preserves 142
fund created in section 1517.11 of the Revised Code, the nongame 143
and endangered wildlife fund created in section 1531.26 of the 144
Revised Code, the military injury relief fund created in section 145
5101.98 of the Revised Code, the Ohio historical society income 146
tax contribution fund created in section 149.308 of the Revised 147
Code, or all of those funds may designate on the taxpayer's income 148
tax return the amount that the taxpayer wishes to contribute to 149
the fund or funds. A150

       (2) For taxable years beginning in 2013 or thereafter, a 151
taxpayer who wishes to contribute to the American red cross Ohio 152
disaster response readiness and preparedness fund created in 153
section 5502.23 of the Revised Code may do so by contributing any 154
part of the taxpayer's refund or by increasing the payment 155
required to accompany the taxpayer's annual return under section 156
5747.08 of the Revised Code. A taxpayer shall designate on the 157
taxpayer's income tax return the amount the taxpayer wishes to 158
contribute to the fund, provided that the amount contributed shall 159
be at least one dollar. If a taxpayer elects to increase a payment 160
required to accompany the taxpayer's annual return and the 161
taxpayer fails to remit the full amount of the contribution, the 162
amount of the contribution shall be reduced accordingly. In no 163
case shall a contribution under this division operate to reduce 164
the combined amount of the state and school district income taxes 165
shown to be due on a taxpayer's annual return.166

       (3) A designated contribution of any part of a refund is 167
irrevocable upon the filing of the return and shall be made in the 168
full amount designated if the refund found due the taxpayer upon 169
the initial processing of the taxpayer's return, after any 170
deductions including those required by section 5747.12 of the 171
Revised Code, is greater than or equal to the designated 172
contribution. If the refund due as initially determined is less 173
than the designated contribution, the contribution shall be made 174
in the full amount of the refund. The tax commissioner shall 175
subtract the amount of the contribution from the amount of the 176
refund initially found due the taxpayer and shall certify the 177
difference to the director of budget and management and treasurer 178
of state for payment to the taxpayer in accordance with section 179
5747.11 of the Revised Code. For the purpose of any subsequent 180
determination of the taxpayer's net tax payment, the contribution 181
shall be considered a part of the refund paid to the taxpayer.182

       (B) The tax commissioner shall provide a space on the income 183
tax return form in which a taxpayer may indicate that the taxpayer 184
wishes to make a donation in accordance with this section. The tax 185
commissioner shall also print in the instructions accompanying the 186
income tax return form a description of the purposes for which the 187
natural areas and preserves fund, the nongame and endangered 188
wildlife fund, the military injury relief fund, the American red 189
cross Ohio disaster response readiness and preparedness fund, and 190
the Ohio historical society income tax contribution fund were 191
created and the use of moneys from the income tax refund192
contribution system established in this section. No person shall 193
designate on the person's income tax return any part of a refund 194
claimed under section 5747.11 of the Revised Code as a 195
contribution to any fund other than the natural areas and 196
preserves fund, the nongame and endangered wildlife fund, the 197
military injury relief fund, the American red cross Ohio disaster 198
response readiness and preparedness fund, or the Ohio historical 199
society income tax contribution fund.200

       (C) The money collected under the income tax refund201
contribution system established in this section shall be deposited 202
by the tax commissioner into the natural areas and preserves fund, 203
the nongame and endangered wildlife fund, the military injury 204
relief fund, the American red cross Ohio disaster response 205
readiness and preparedness fund, and the Ohio historical society 206
income tax contribution fund in the amounts designated on the tax 207
returns.208

       (D) No later than the thirtieth day of September each year, 209
the tax commissioner shall determine the total amount contributed 210
to each fund under this section during the preceding eight months, 211
any adjustments to prior months, and the cost to the department of 212
taxation of administering the income tax refund contribution 213
system during that eight-month period. The commissioner shall make 214
an additional determination no later than the thirty-first day of 215
January of each year of the total amount contributed to each fund 216
under this section during the preceding four calendar months, any 217
adjustments to prior years made during that four-month period, and 218
the cost to the department of taxation of administering the income 219
tax contribution system during that period. The cost of 220
administering the income tax contribution system shall be 221
certified by the tax commissioner to the director of budget and 222
management, who shall transfer an amount equal to one-fourth223
one-fifth of such administrative costs from the natural areas and 224
preserves fund, one-fourth of such costs from the nongame and 225
endangered wildlife fund, one-fourth of such costs from the 226
military injury relief fund, and one-fourth of such costs from the 227
Ohio historical society income tax contribution fundeach of the 228
five funds to the litter control and natural resourceincome tax 229
contribution tax administration fund, which is hereby created, 230
provided that the moneys that the department receives to pay the 231
cost of administering the income tax refund contribution system in 232
any year shall not exceed two and one-half per cent of the total 233
amount contributed under that system during that year.234

       (E)(1) The director of natural resources, in January of every 235
odd-numbered year, shall report to the general assembly on the 236
effectiveness of the income tax refund contribution system as it 237
pertains to the natural areas and preserves fund and the nongame 238
and endangered wildlife fund. The report shall include the amount 239
of money contributed to each fund in each of the previous five 240
years, the amount of money contributed directly to each fund in 241
addition to or independently of the income tax refund contribution 242
system in each of the previous five years, and the purposes for 243
which the money was expended.244

       (2) The director of job and family services and the director 245
of the Ohio historical society, in January of every odd-numbered 246
year, each shall report to the general assembly on the 247
effectiveness of the income tax refund contribution system as it 248
pertains to the military injury relief fund and the Ohio 249
historical society income tax contribution fund, respectively. The 250
report shall include the amount of money contributed to the fund 251
in each of the previous five years, the amount of money 252
contributed directly to the fund in addition to or independently 253
of the income tax refund contribution system in each of the 254
previous five years, and the purposes for which the money was 255
expended256

       (3) In January of every odd-numbered year, beginning January 257
2015, the executive director of the state emergency management 258
agency created under section 5502.22 of the Revised Code shall 259
report to the general assembly on the effectiveness of the income 260
tax contribution system as it pertains to the American red cross 261
Ohio disaster response readiness and preparedness fund.262

       (4) Each report made under division (E) of this section also 263
shall include the amount of money contributed to each fund in each 264
of the previous five years, the amount of money contributed 265
directly to each fund in addition to or independently of the 266
income tax contribution system in each of the previous five years, 267
and the purposes for which the money in each fund was expended.268

       Section 2. That existing sections 1517.11, 1531.26, 5101.98, 269
and 5747.113 of the Revised Code are hereby repealed.270

feedback