Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB271 Engrossed / Bill

                    SLS 12RS-468	REENGROSSED
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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, 2012
SENATE BILL NO. 271
BY SENATOR PERRY 
TAX/INCOME/PERSONAL.  Provides for donations of tax refunds to the Dreams Come
True, Inc., through a check-off box on state income tax returns. (gov sig)
AN ACT1
To enact Subpart DD of Part 1 of Chapter 1 of Subtitle II of Title 47 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 47:120.102, relative to donations3
of refunds; to provide for such donations to the Dreams Come True, Inc.; to provide4
for the administration and disbursement of donated monies; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  Subpart DD of Part 1 of Chapter 1 of Subtitle II of Title 47 of the8
Louisiana Revised Statutes of 1950, comprised of R.S. 47:120.102 is hereby enacted to read9
as follows: 10
SUBPART DD.  DREAMS COME TRUE, INC., DONATION11
ยง120.102. Income tax checkoff; donation for Dreams Come True, Inc.12
A. Every individual who files an individual income tax return for the13
current tax year and who is entitled to a refund may designate on his current14
year return that all or any portion of the total amount of the refund to which he15
is entitled shall be donated to Dreams Come True, Inc., hereinafter referred to16
as "DCT", in lieu of that amount being paid to him as a refund, in which case17 SB NO. 271
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the refund shall be reduced by the amount so designated. The designation shall1
be made at the time of the filing of the current year tax return and shall be2
made on the income tax return form as prescribed by the secretary of the3
Department of Revenue. Donated monies shall be administered by the secretary4
and distributed to Dreams Come True, Inc., in accordance with the provisions5
of R.S. 47:120.37. No donation made under the provisions of this Subsection6
shall be invalid for lack of an authentic act.7
B. The DCT shall use the monies derived from such donations for the8
purpose of fulfilling dreams of children with life-threatening illnesses.9
C. The Senate Committee on Revenue and Fiscal Affairs or the House10
Committee on Ways and Means, may, at their discretion, request a report from11
DCT relative to its operations. The form and content of the report shall be12
prescribed by the chairman of the committee, but the report shall at a minimum13
contain a detailed explanation of the revenues and expenditures, as well as a14
description of the organization's activities. The committee may summon any15
person employed by or associated with DCT to provide testimony with respect16
to the report.17
Section 2. The provisions of this Act shall be applicable to taxable years beginning18
on or after January 1, 2012.19
Section 3. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Danielle Doiron.
DIGEST
Perry (SB 271)
Proposed law provides for an individual income tax checkoff under which an individual can
donate a portion of his state income tax refund, or other monies, to the Dreams Come True,
Inc., hereinafter "DCT". SB NO. 271
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the secretary of the Department of Revenue shall administer and
distribute the donated monies to DCT.
Proposed law authorizes the Senate Committee on Revenue and Fiscal Affairs and the House
Committee on Ways and Means, at their discretion, to request reports from DCT relative to
its operations. The form and content of the report shall be prescribed by the chairman of the
committee, but shall at a minimum contain a detailed explanation of the revenues and
expenditures, as well as a description of the organization's activities.
Effective upon signature of the governor or lapse of time for gubernatorial action, and
applicable to taxable years beginning on or after Jan. 1, 2012.
(Adds R.S. 47:120.102)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Revenue and Fiscal
Affairs to the original bill
1. Deletes the creation and disbursement of the Dreams Come True Fund within
the state treasury.
2. Provides that the secretary of the Department of Revenue shall administer
and distribute the donated monies to Dreams Come True.