Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB395 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+1st Session of the 59th Legislature (2023)
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35+ENGROSSED SENATE
636 BILL NO. 395 By: Haste of the Senate
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838 and
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1040 Miller of the House
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1545 An Act relating to income tax refund donations ;
1646 authorizing donation from income tax re fund for
1747 Recovering Oklahomans After Di saster Revolving Fund ;
1848 creating Recovering Oklahomans After Disaster
1949 Revolving Fund and providing for deposit of monies
2050 thereto; authorizing specified funds to be expen ded
2151 for certain purpose; providing procedures for refund
2252 under specified circumstances; providing for
2353 codification; and providing an effective date.
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29-SUBJECT: Income tax refund donations
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3159 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3360 SECTION 1. NEW LAW A new sec tion of law to be co dified
3461 in the Oklahoma Statutes as Section 2368.33 of Title 68, unless
3562 there is created a duplication in numbering, reads as follows:
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3763 A. Each state indiv idual income tax return form for tax year
3864 2024 and subsequent tax years, and each state corporate tax return
3965 form for tax year 2024 and subsequent tax years , shall contain a
4066 provision to allow a donation from a tax refund for the benefit of
4167 Recovering Oklahoman s After Disaster.
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4395 B. Except as otherwise provided for in this section, all monies
4496 generated pursuant to subsection A of this section shall be paid to
4597 the State Treasurer by the Oklahom a Tax Commission and placed to the
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47-ENR. S. B. NO. 395 Page 2
4898 credit of the Recovering Oklahomans After Disaster Revolving Fund
4999 created in subsection C of this section.
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51100 C. There is hereby create d in the State Treasury a revolving
52101 fund to be designate d the “Recovering Oklahomans Aft er Disaster
53102 Revolving Fund” and administered by the State Treasurer. The fund
54103 shall be a continuing fund, not subject to fiscal year limitations,
55104 and shall consist of all the monies received by the State Treasurer
56105 pursuant to the provisions of subsection A of this section. All
57106 monies accruing to the credit of the fund are a ppropriated and may
58107 be budgeted and expended by the State Treasurer at the beginning of
59108 each fiscal year for the purpose of providing grants to Recovering
60109 Oklahomans After Disaster for purposes of serving disaster survivors
61110 by providing free home repairs i n this state. Expenditures from the
62111 fund shall be made upon warrants issued by the State Treasur er
63112 against claims filed as prescribed by law with the Di rector of the
64113 Office of Management and Enterprise Services for approval and
65114 payment.
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67115 D. If a taxpayer makes a donation pursuant to subsection A of
68116 this section in error, such taxpayer may file a clai m for refund at
69117 any time within three (3) years from the due date of the tax return.
70118 Such claims shall be filed pursuant to the provisions of Section
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71146 2373 of this title. Prior to the apportionment set forth in this
72147 section, an amount equal to the total a mount of refunds made
73148 pursuant to this subsection during any one (1) year shall be
74149 deducted from the total donations received pursuant to this section
75150 during the following year and such amount deducted shall b e paid to
76151 the State Treasurer and placed to the credit of the Income Tax
77152 Withholding Refund Account.
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79153 SECTION 2. This act shall become effective November 1, 2023.
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82-ENR. S. B. NO. 395 Page 3
83-Passed the Senate the 7th day of March, 2023.
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87- Presiding Officer of the Senate
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90-Passed the House of Representatives the 19th day of April, 2023.
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94- Presiding Officer of the House
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97-OFFICE OF THE GOVERNOR
98-Received by the Office of the Governor this _______ _____________
99-day of _________________ __, 20_______, at _______ o'clock _______ M.
100-By: _______________________________ __
101-Approved by the Governor of the State of Oklahoma this _____ ____
102-day of _________________ __, 20_______, at _______ o'clock _______ M.
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104- _________________________________
105- Governor of the State of Oklahoma
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108-OFFICE OF THE SECRETARY OF STATE
109-Received by the Office of the Secretary of State this __________
110-day of __________________, 20 _______, at _______ o'clock _______ M.
111-By: _______________________________ __
155+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
156+04/13/2023 - DO PASS.