SUBPART AA.  THE NATIONAL MULTIPLE SCLEROSIS SOCIETY DONATION

§120.91.  Income tax checkoff; donation for the National Multiple Sclerosis Society

A.(1)  Donation of Refund.  Every individual who files an individual income tax return for the current tax year and who is entitled to a refund may designate on his current year return that all or any portion of the total amount of the refund to which he is entitled shall be donated to the National Multiple Sclerosis Society in lieu of that amount being paid to him as a refund, in which case the refund shall be reduced by the amount so designated. The designation shall be made at the time of filing the current year tax return and shall be made upon the income tax return form as prescribed by the secretary of the Department of Revenue, hereinafter referred to as the "secretary".  No donation made under the provisions of this Subpart shall be invalid for want of an authentic act.

(2)  Other Donations.  Every individual who files an individual income tax return for the current tax year and who owes additional income tax may, in addition to payment of that tax liability, make and pay an additional donation of money to the National Multiple Sclerosis Society.  The donation shall be made at the time of filing the current year tax return and shall be made upon the income tax return form as prescribed by the secretary.  No donation made under the provisions of this Subpart shall be invalid for want of an authentic act.

B.  There is hereby established in the state treasury a special escrow fund to be known as the National Multiple Sclerosis Society Fund, hereinafter referred to as the "fund".  The fund is established to receive deposits of donations made on individual income tax returns for the benefit of the National Multiple Sclerosis Society.  The fund shall be administered by the secretary, who is authorized to retain from monies deposited into the fund amounts necessary to provide for expenses associated with its administration.  The secretary shall, every sixty days, remit the remaining balance of monies in the fund to the National Multiple Sclerosis Society.

C.(1)  Disposition of Donated Refunds.  At the time the secretary determines that a refund is due on a taxpayer's income tax return upon which a designation is made for a donation to the National Multiple Sclerosis Society, the secretary shall transfer from general collections an amount equal to the amount of the donation to be deposited in and credited to the fund.  This transfer shall occur within one hundred twenty days of the date upon which the return was received, or the due date of the return, whichever is later.  The secretary shall also maintain a register of the amount of each donation and the name of the donor.

(2)  Disposition of Other Donations.  At the time the secretary determines that a tax return for a taxpayer who owes additional taxes contains a payment of money in excess of the taxes due and a designation by the taxpayer that the additional monies represent a donation to the National Multiple Sclerosis Society, the secretary shall transfer from general collections an amount equal to the amount of the donation for deposit in and credit to the fund.

D.  The Senate Committee on Revenue and Fiscal Affairs or the House Committee on Ways and Means, may, at its discretion, request a report from the National Multiple Sclerosis Society relative to its operations in Louisiana.  The form and content of the report shall be prescribed by the chairman of the committee, but the report shall at a minimum contain a detailed explanation of the revenues and expenditures, as well as a description of the organization's activities.  The committee may summon any person employed by or associated with  the National Multiple Sclerosis Society to provide testimony with respect to the report.

Acts 2010, No. 217, §1; Acts 2014, No. 107, §1.