STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 430	By:	Marlatt

AS INTRODUCED

An Act relating to the Oklahoma School for the Blind and the Oklahoma School for the Deaf; amending 74 O.S. 2001, Section 166.9, which relates to the Oklahoma School for the Deaf/School for the Blind Revolving Fund; requiring certain report; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2001, Section 166.9, is amended to read as follows:
Section 166.9  A.  Each state individual income tax return form and each corporate income tax return form for tax years commencing after December 31, 2001, shall contain a designation for donations of tax refunds to the Oklahoma School for the Blind/Oklahoma School for the Deaf.
B.  The monies generated pursuant to subsection A of this section shall be paid to the State Treasurer by the Oklahoma Tax Commission and placed to the credit of the Oklahoma School for the Deaf/Oklahoma School for the Blind Revolving Fund.
C.  There is hereby created in the State Treasury a revolving fund for the State Department of Rehabilitation Services to be designated the “Oklahoma School for the Deaf/Oklahoma School for the Blind Revolving Fund”.  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies apportioned to the fund pursuant to the provisions of this section.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the State Department of Rehabilitation Services for the purpose of funding programs at the Oklahoma School for the Deaf and the Oklahoma School for the Blind.  Such monies shall be equally divided between the two designated schools.  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 State Finance for approval and payment.  The Department of Rehabilitation Services shall make an annual report on or before December 31 of each year to the President Pro Tempore of the Senate and the Speaker of the House of Representatives on the use of monies from the Oklahoma School for the Deaf/Oklahoma School for the Blind Revolving Fund.
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 pursuant to Section 2373 of Title 68 of the Oklahoma Statutes.  Prior to the apportionment set forth in this section, an amount equal to the total amount 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 be 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, 2011.

53-1-986	JM	1/18/2011 1:22:05 PM