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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 395 By: Haste of the Senate
and
Miller of the House
An Act relating to income tax refund donations ;
authorizing donation from income tax re fund for
Recovering Oklahomans After Di saster Revolving Fund ;
creating Recovering Oklahomans After Disaster
Revolving Fund and providing for deposit of monies
thereto; authorizing specified funds to be expen ded
for certain purpose; providing procedures for refund
under specified circumstances; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sec tion of law to be co dified
in the Oklahoma Statutes as Section 2368.33 of Title 68, unless
there is created a duplication in numbering, reads as follows:
A. Each state indiv idual income tax return form for tax year
2024 and subsequent tax years, and each state corporate tax return
form for tax year 2024 and subsequent tax years , shall contain a
provision to allow a donation from a tax refund for the benefit of
Recovering Oklahoman s After Disaster.
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B. Except as otherwise provided for in this section, all monies
generated pursuant to subsection A of this section shall be paid to
the State Treasurer by the Oklahom a Tax Commission and placed to the
credit of the Recovering Oklahomans After Disaster Revolving Fund
created in subsection C of this section.
C. There is hereby create d in the State Treasury a revolving
fund to be designate d the “Recovering Oklahomans Aft er Disaster
Revolving Fund” and administered by the State Treasurer. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all the monies received by the State Treasurer
pursuant to the provisions of subsection A of this section. All
monies accruing to the credit of the fund are a ppropriated and may
be budgeted and expended by the State Treasurer at the beginning of
each fiscal year for the purpose of providing grants to Recovering
Oklahomans After Disaster for purposes of serving disaster survivors
by providing free home repairs i n this state. Expenditures from the
fund shall be made upon warrants issued by the State Treasur er
against claims filed as prescribed by law with the Di rector of the
Office of Management and Enterprise Services for approval and
payment.
D. If a taxpayer makes a donation pursuant to subsection A of
this section in error, such taxpayer may file a clai m for refund at
any time within three (3) years from the due date of the tax return.
Such claims shall be filed pursuant to the provisions of Section
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2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total a mount of refunds made
pursuant to this subsection during any one (1) year shall be
deducted from the total donations received pursuant to this section
during the following year and such amount deducted shall b e paid to
the State Treasurer and placed to the credit of the Income Tax
Withholding Refund Account.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
04/13/2023 - DO PASS.