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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 30
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
REVENUE DEPARTMENT. Provides for donations of tax refunds to the Louisiana
Bicentennial Commission through a check-off box on state income tax returns.
AN ACT1
To enact Subpart O of Part 1 of Chapter 1 of Subtitle II of Title 47 of the Louisiana Revised2
Statutes of 1950, to be comprised of R.S. 47:120.38, relative to donations of refunds;3
to provide for such donations to the Louisiana Bicentennial Commission; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Subpart O of Part 1 of Chapter 1 of Subtitle II of Title 47 of the Louisiana7
Revised Statutes of 1950, comprised of R.S. 47:120.38 is hereby enacted to read as follows:8
SUBPART O. LOUISIANA BICENTENNIAL COMMISSION DONATION9
ยง120.38. Income tax checkoff; donation for Louisiana Bicentennial Commission10
A. Every individual who files an individual income tax return for the11
current tax year and who is entitled to a refund may designate on his current12
year return that all or any portion of the total amount of the refund to which he13
is entitled shall be donated to the Louisiana Bicentennial Commission, as14
provided for in Chapter 27 of Title 25 of the Louisiana Revised Statutes of 195015
(R.S. 25:1231, et seq.), in lieu of that amount being paid to him as a refund, in16
which case the refund shall be reduced by the amount so designated. The17 SB NO. 30
SLS 11RS-171 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
designation shall be made at the time of the filing of the current year tax return1
and shall be made on the income tax return form as prescribed by the secretary2
of the Department of Revenue. No donation made under the provisions of this3
Subsection shall be invalid for lack of an authentic act.4
B.(1)(a) Funds received by the Department of Revenue as provided for5
in Subsection B of this Section shall be deposited upon receipt in the state6
treasury.7
(b) After compliance with the requirements of Article VII, Section 9(B)8
of the Constitution of Louisiana relative to the Bond Security and Redemption9
Fund and prior to any money being placed into the general fund or any other10
fund, an amount equal to that deposited as required by Subsection B shall be11
credited by the treasurer to a special fund hereby created in the state treasury12
to be known as the Bicentennial Refund Donation Fund. The money in the fund13
shall be appropriated by the legislature to be used solely as provided for in14
Paragraph 3 of this Subsection.15
(2) The money in the fund shall be invested by the treasurer in the same16
manner as money in the state general fund and interest earned on the17
investment of the money shall be credited to the fund after compliance with the18
requirements of Article VII, Section 9(B) relative to the Bond Security and19
Redemption Fund. All unexpended and unencumbered money in the fund at the20
end of the year shall remain in the fund.21
(3) The money in the fund shall be appropriated by the legislature to be22
used solely for the purposes provided for in Chapter 27 of such Title 25.23 SB NO. 30
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Riley Boudreaux.
DIGEST
Proposed law provides that any individual who files an individual income tax return may
designate on his return all or any portion of his refund to the Louisiana Bicentennial
Commission.
Proposed law requires that refunds donated be deposited in a special fund which is created
in the state treasury, to be known as the Bicentennial Refund Donation Fund. The money in
the fund is required to be appropriated by the legislature to be used solely for the purposes
as provided for in the Louisiana Bicentennial Commission law.
(Adds R.S. 47:120.38)