Introduced Version
HOUSE BILL No. 1641
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-8.1-9-4; IC 10-17-12.
Synopsis: Military family relief fund. Extends eligibility for grants
from the military family relief fund (fund) to active duty members of
the armed forces. Provides for grants from the fund for child care
assistance. Provides that a taxpayer may designate on a state income
tax return for the benefit of the fund: (1) all or part of a state income
tax refund; or (2) a contribution.
Effective: July 1, 2007; January 1, 2008.
Dermody, Walorski
January 23, 2007, read first time and referred to Committee on Ways and Means.
Introduced
First Regular Session 115th General Assembly (2007)
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HOUSE BILL No. 1641
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-8.1-9-4; (07)IN1641.1.1. -->
SECTION 1. IC 6-8.1-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 4. (a) Every
individual (other than a nonresident) who files an individual income
tax return and who is entitled to a refund from the
Indiana department
of
state revenue because of the overpayment of income tax for a
taxable year may designate on
his the individual's annual state income
tax return that either a specific amount or all of the refund to which
he
the individual is entitled shall be paid over to
one (1) or more of the
nongame fund. In the event that the individual designates that a certain
amount shall be paid over to the nongame fund and funds described
in subsection (d). If the refund to which
he the individual is entitled
is less than the
total amount
designated
such designation shall mean
that to be paid over to one (1) or more of the funds described in
subsection (d), all of the refund to which
he the individual is entitled
shall be paid over to the
nongame fund. designated funds, but in an
amount or amounts reduced proportionately for each designated
fund. If an individual designates all of the refund to which the
individual is entitled to be paid over to one (1) or more of the funds
described in subsection (d) without designating specific amounts,
the refund to which the individual is entitled shall be paid over to
each fund described in subsection (d) in an amount equal to the
refund divided by the number of funds described in subsection (d),
rounded to the lowest cent, with any part of the refund remaining
due to the effects of rounding to be deposited in the nongame fund.
(b) Every husband and wife (other than nonresidents) who file a
joint income tax return and who are entitled to a refund from the
Indiana department of state revenue because of the overpayment of
income tax for a taxable year may designate on their annual state
income tax return that either a specific amount or all of the refund to
which they are entitled shall be paid over to one (1) or more of the
nongame fund. In the event that the husband and wife designate that a
certain amount shall be paid over to the nongame fund and funds
described in subsection (d). If the refund to which they a husband
and wife are entitled is less than the total amount designated such
designation shall mean that to be paid over to one (1) or more of the
funds described in subsection (d), all of the refund to which they the
husband and wife are entitled shall be paid over to the nongame fund.
designated funds, but in an amount or amounts reduced
proportionately for each designated fund. If a husband and wife
designate all of the refund to which the husband and wife are
entitled to be paid over to one (1) or more of the funds described in
subsection (d) without designating specific amounts, the refund to
which the husband and wife are entitled shall be paid over to each
fund described in subsection (d) in an amount equal to the refund
divided by the number of funds described in subsection (d),
rounded to the lowest cent, with any part of the refund remaining
due to the effects of rounding to be deposited in the nongame fund.
(c) In addition to a designation under subsection (a) or (b), a
taxpayer who:
(1) is a resident of Indiana; and
(2) files an individual or joint income tax return;
may designate on the taxpayer's annual state income tax return
that the taxpayer desires to contribute to one (1) or more of the
funds described in subsection (d) by stating the amount of the
contribution, but the amount may not be less than one dollar ($1).
(d) Designations under subsection (a), (b), or (c) may be directed
only to the following funds:
(1) The nongame fund.
(2) The military family relief fund.
(c) (e) The instructions for the preparation of individual income tax
returns shall contain a description of the purposes of
the following:
(1) The nongame and endangered species program.
which is The
description of this program shall be written in cooperation with
the department of natural resources.
(2) Grants for the relief of military families disbursed from
the military family relief fund. The description of the
purposes of these grants shall be written in cooperation with
the Indiana department of veterans' affairs.
(f) Individual income tax returns must include a statement that:
(1) a contribution under subsection (c) does not reduce the
taxpayer's tax;
(2) a contribution under subsection (c) will:
(A) decrease or eliminate the refund owed to the taxpayer,
if any;
(B) increase the amount that must accompany the return;
or
(C) result in both of the consequences described in clauses
(A) and (B); and
(3) the failure to include with the taxpayer's tax return all or
part of the increased amount referred to under subdivision
(2)(B) will reduce the designated contribution to the extent
that the increased amount is not included with the return.
(g) The department shall interpret a designation on a return
under subsection (a), (b), or (c) that is illegible or otherwise not
reasonably discernible to the department as if the designation had
not been made.
SOURCE: IC 10-17-12-1; (07)IN1641.1.2. -->
SECTION 2. IC 10-17-12-1, AS ADDED BY P.L.58-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. As used in this chapter, "active duty" means
full-time service in:
(1) the armed forces;
(1) (2) a reserve component of the armed forces; or
(2) (3) the national guard;
for a period that exceeds thirty (30) consecutive days in a calendar
year.
SOURCE: IC 10-17-12-8; (07)IN1641.1.3. -->
SECTION 3. IC 10-17-12-8, AS ADDED BY P.L.58-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. (a) The military family relief fund is established
beginning January 1, 2007, to provide assistance with food, housing,
utilities, medical services, basic transportation,
child care, and other
essential family support expenses that have become difficult to afford
for families of Indiana residents who are:
(1) members of:
(A) the armed forces;
(A) (B) a reserve component of the armed forces; or
(B) (C) the national guard; and
(2) called to active duty after September 11, 2001.
(b) The department shall expend the money in the fund exclusively
to provide grants for assistance as described in subsection (a).
(c) The director shall administer the fund.
SOURCE: ; (07)IN1641.1.4. -->
SECTION 4. [EFFECTIVE JANUARY 1, 2008]
IC 6-8.1-9-4, as
amended by this act, applies only to returns for taxable years
beginning after December 31, 2007.