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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 395 By: Haste
AS INTRODUCED
An Act relating to income tax refund donations ;
authorizing donation from income tax re fund for
Recovering Oklahomans After Disaster Revol ving 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 fo r
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 codified
in the Oklahoma Statutes as Section 2368.33 of Title 68, unless
there is created a duplication in numb ering, 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.
B. Except as otherwise provided for in this section, all monies
generated pursuant to subsectio n A of this section shall be paid to
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the State Treasurer by the Oklahoma 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 created in the State Tr easury a revolving
fund to be designated the “Recovering Oklahomans After 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 re ceived by the State Treasurer
pursuant to the provi sions 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 survi vors
by providing free home repairs i n this state. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of th e
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 claim 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
2373 of this title. Prior to the apportionment set forth in this
section, an amount equal to the total amount of refunds made
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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 In come Tax
Withholding Refund Account.
SECTION 2. This act shall become effective November 1, 2023.
59-1-919 QD 1/15/2023 9:26:41 PM