Title 49, Chapter 1, Section 9
( 49-1-9)
(a) The General Assembly finds that it is in the best interest of
the state to provide for programs for home delivered meals,
transportation services for the elderly, and preschool children with
special needs, including but not limited to disabled children,
troubled children, school readiness programs, and other similar
needs for the benefit of the citizens of Georgia. 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 home delivered meals, transportation
services for the elderly, and preschool children with special needs
which programs have been established or approved by the department,
the department may, without limitation, promote and solicit
voluntary contributions through the income tax return contribution
mechanism established in subsection (f) 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. (c) There is established a special fund to be known as the "Home
Delivered Meals, Transportation Services for the Elderly, and
Preschool Children with Special Needs Fund." This fund shall consist
of all moneys contributed under subsection (b) of this Code section,
all moneys transferred to the department under subsection (f) of
this Code section, and any other moneys contributed to this fund or
to the home delivered meals, transportation services for the
elderly, or preschool children with special needs 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 fund shall be administered
and the moneys held in the fund shall be expended by the department
through the Office of Aging in furtherance of home delivered meals
and transportation services to the elderly programs and by the
department in furtherance of preschool children with special needs
programs. (d) Following the transmittal of contributions to the department for
deposit in the fund pursuant to subsection (f) of this Code section,
the expenditure of moneys in the fund shall be allocated as follows: (1) Fifty percent of the contributions to the fund shall be used
for home delivered meals and transportation services to the
elderly programs; and (2) Fifty percent of the contributions to the fund shall be used
for preschool children with special needs programs. (e) 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 benefits and services and shall not be used for personnel or
administrative positions. The department shall prepare, by February
1 of each year, an accounting of the funds 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, to
the members of the Board of Human Resources, and, upon request, to
members of the public. (f)(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, 1993, shall contain
appropriate language, to be determined by the state revenue
commissioner, offering the taxpayer the opportunity to contribute
to the Home Delivered Meals, Transportation Services for the
Elderly, and Preschool Children with Special Needs 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 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 such 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
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. |