Title 31, Chapter 12, Section 14
( 31-12-14)
(a) The General Assembly finds that it is in the best interest of
the state to provide for breast cancer, prostate cancer, and ovarian
cancer research programs. In addition to and as a supplement to
traditional financing mechanisms for such programs, it is the policy
of this state to enable and encourage citizens voluntarily to
support such programs. (b) To support programs for breast cancer, prostate cancer, and
ovarian cancer research, the department may, without limitation,
promote and solicit voluntary contributions through the individual
income tax return contribution mechanism established in subsection
(e) of this Code section or through any fund raising or other
promotional techniques deemed appropriate by the department. (c) There is established a special fund to be known as the "Breast
Cancer, Prostate Cancer, and Ovarian Cancer Research Program Fund."
This fund shall consist of all moneys contributed under subsection
(b) of this Code section, all moneys transferred to the department
under subsection (e) of this Code section, and any other moneys
contributed to this fund. 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 fund shall be administered
and the moneys held in the fund shall be expended by the department
through contracts for research of breast cancer, prostate cancer,
and ovarian cancer. (d) Contributions to the fund shall be deemed supplemental to and
shall in no way supplant funding that would otherwise be
appropriated for these purposes. Contributions shall only be used
for research and for administrative costs authorized in paragraph
(2) of subsection (e) of this Code section and shall not be used for
personnel or administrative positions. The department shall
prepare, by February 1 of each year, an accounting of the moneys
received and expended from the fund and a review and evaluation of
all expended moneys of the fund. The report shall be made available
to the Governor, the Lieutenant Governor, the Speaker of the House
of Representatives, the members of the Board of Human Resources,
and, upon request, to members of the public. (e)(1) Unless an earlier date is deemed feasible and is
established by the Governor, each Georgia individual income tax
return form for taxable years beginning on or after January 1,
2000, shall contain appropriate language, to be determined by the
state revenue commissioner, offering the taxpayer the opportunity
to contribute to the Breast Cancer, Prostate Cancer, and Ovarian
Cancer Research Program Fund established in subsection (c) 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 individual 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 individual
income tax return who desires to contribute to such fund may
designate such contribution as provided in this Code section on
the appropriate individual 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
fund established in subsection (c) of this Code section; provided,
however, the amount retained for administrative costs, including
implementation 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. |