Title 12, Chapter 3, Section 602
( 12-3-602)
(a) The department shall establish nongame wildlife conservation
programs and wildlife habitat acquisition programs and educational
and promotional activities in support thereof to enhance the
protection of nongame wildlife and the nonconsumptive use thereof by
the citizens of Georgia. To support such programs, the department
may, without limitation, promote and solicit voluntary contributions
through the income tax return contribution mechanism established in
subsection (c) of this Code section, through offers to match
contributions by any person with moneys appropriated or contributed
to the department for such programs, or through any fund raising or
other promotional techniques deemed appropriate by the department. (b) There is established a special fund to be known as the "Nongame
Wildlife Conservation and Wildlife Habitat Acquisition Fund." This
fund shall consist of all moneys contributed under subsection (a) of
this Code section, all moneys transferred to the department under
subsection (c) of this Code section, and any other moneys
contributed to this fund or to the nongame wildlife conservation and
wildlife habitat acquisition programs of the department and all
interest thereon. All balances in the fund shall be deposited in an
interest-bearing account identifying the fund and shall be carried
forward each year so that no part thereof may be deposited in the
general treasury. The department shall administer the fund and may
expend moneys held in the fund in furtherance of its nongame
wildlife conservation programs and its wildlife habitat acquisition
programs and related educational and promotional projects.
Contributions to the fund shall be deemed supplemental to and shall
in no way supplant funding that would otherwise be appropriated for
these purposes. The department shall prepare, by February 1 of each
year, an accounting of the funds received and expended from the
fund. The report shall be made available to the members of the Board
of Natural Resources and to members of the public on request. (c)(1) Unless an earlier date is deemed feasible and established
by the Governor, each Georgia income tax return form for taxable
years beginning on or after January 1, 1989, shall contain
appropriate language, to be determined by the state revenue
commissioner, offering the taxpayer the opportunity to contribute
to the Nongame Wildlife Conservation and Wildlife Habitat
Acquisition Fund established in subsection (b) of this Code
section by either donating all or any part of any tax refund due,
by authorizing a reduction in the refund check otherwise payable,
or by contributing any amount over and above any amount of tax
owed by adding that amount to the taxpayer's payment. The
instructions accompanying the income tax return form shall contain
a description of the purposes for which this fund was established
and the intended use of moneys received from the contributions.
Each taxpayer required to file a state income tax return who
desires to contribute to the Nongame Wildlife Conservation and
Wildlife Habitat Acquisition Fund may designate such contribution
as provided in this Code section on the appropriate income tax
return form. (2) The Department of Revenue shall determine annually the total
amount so contributed, shall withhold therefrom a reasonable
amount for administering this voluntary contribution program, and
shall transmit the balance to the department for deposit in the
Nongame Wildlife Conservation and Wildlife Habitat Acquisition
Fund established in subsection (b) of this Code section; provided,
however, the amount retained for administrative costs shall not
exceed $50,000.00 per year. If, in any tax year, the
administrative costs of the Department of Revenue for collecting
contributions pursuant to this Code section exceed the sum of such
contributions, the administrative costs which the Department of
Revenue is authorized to withhold from such contributions shall
not exceed the sum of such contributions. |