34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 190 By: Pederson of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Pae of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to income tax; amending 68 O.S. 2021, |
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46 | 39 | | Section 2368.16, which relates to donation from a tax |
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47 | 40 | | refund; reauthorizing donation of tax refund for the |
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48 | 41 | | benefit of a regional food bank; updating statutory |
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49 | 42 | | reference; providing an effective date; and declaring |
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50 | 43 | | an emergency. |
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51 | 44 | | |
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52 | 45 | | |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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56 | 49 | | SECTION 1. AMENDATORY 68 O.S. 2021, Section 2368.16, is |
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57 | 50 | | amended to read as follows: |
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58 | 51 | | Section 2368.16. A. Each state individual income tax return |
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59 | 52 | | form for tax years which begin after December 31, 2007, and each |
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60 | 53 | | state corporate tax return form for tax years beginning after |
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61 | 54 | | December 31, 2007, shall contain a provis ion to allow a donation |
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62 | 55 | | from a tax refund for the benefit of any regional food bank in this |
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63 | 56 | | state. For purposes of this section, “regional food bank” means a |
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64 | 57 | | nonprofit charitable organization exempt from taxation pursuant to |
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65 | 58 | | the provisions of the Internal Revenue Code of 1986, as amended, 26 |
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96 | 88 | | of food assistance. The provision to allow donation shall read as |
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97 | 89 | | follows: |
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98 | 90 | | Support of programs for regional food banks in this state . |
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99 | 91 | | Check if you wish to donate from your tax refund: ( ) $2, ( ) $5, |
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100 | 92 | | or ( ) $____. |
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101 | 93 | | B. Except as otherwise provided for in this section, all m onies |
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102 | 94 | | generated pursuant to subsection A of this section shall be paid to |
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103 | 95 | | the State Treasurer by the Oklahoma Tax Commission and placed to the |
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104 | 96 | | credit of the Income Tax Checkoff Revolving Fund for Oklahoma |
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105 | 97 | | Regional Food Banks created in subsection C of this section. |
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106 | 98 | | C. There is hereby created in the State Treasury a revolving |
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107 | 99 | | fund for the Department of Human Services to be designated the |
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108 | 100 | | “Income Tax Checkoff Revolving Fund for Oklahoma Regional Food |
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109 | 101 | | Banks”. The fund shall be a continuing fund, not subject to fiscal |
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110 | 102 | | year limitations, and shall consist of all monies apportioned to the |
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111 | 103 | | fund pursuant to the provisions of this section. All monies |
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112 | 104 | | accruing to the credit of the fund are hereby appropriated and may |
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113 | 105 | | be budgeted and expended by the Department of Hum an Services for the |
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114 | 106 | | purpose of providing funding for all regional food banks in this |
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115 | 107 | | state. Expenditures from th e fund shall be made upon warrants |
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116 | 108 | | issued by the State Treasurer against claims filed as prescribed by |
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146 | 137 | | D. If a taxpayer makes a donation pursuant to subsection A of |
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147 | 138 | | this section in error, such taxpayer may file a claim for refund at |
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148 | 139 | | any time within three (3) years from the due date of the tax retu rn. |
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149 | 140 | | Such claims shall be filed pursuant to the provisions of Section |
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150 | 141 | | 2373 of this title. Prior to the apportion ment set forth in this |
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151 | 142 | | section, an amount equal to the total amount of refunds made |
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152 | 143 | | pursuant to this subsection during any one (1) year shall b e |
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153 | 144 | | deducted from the total donations received pursuant to this section |
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154 | 145 | | during the following year and such amount deducted shall be paid to |
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155 | 146 | | the State Treasurer and placed to the credit of the Income Tax |
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156 | 147 | | Withholding Refund Account. |
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157 | 148 | | E. Pursuant to Section 236 8.18 of this title, the income tax |
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158 | 149 | | checkoff contained in this section is hereby reauthorized effective |
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159 | 150 | | January 1, 2019 January 1, 2026. |
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160 | 151 | | SECTION 2. This act shall become effective July 1, 2025. |
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161 | 152 | | SECTION 3. It being immediate ly necessary for the preservation |
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162 | 153 | | of the public peace, health or safety, an emergency is hereby |
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163 | 154 | | declared to exist, by reason whereof this act shall take effect and |
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164 | 155 | | be in full force from and after its passage and approval. |
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165 | 156 | | |
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