Bill Text: IA HF2431 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the individual income tax checkoff for the Iowa election campaign fund by providing for the future repeal of the tax checkoff and the Iowa election campaign fund, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-24 - Subcommittee, Windschitl, Oldson, and Sands. H.J. 566. [HF2431 Detail]

Download: Iowa-2013-HF2431-Introduced.html
House File 2431 - Introduced HOUSE FILE 2431 BY HEARTSILL A BILL FOR An Act relating to the individual income tax checkoff for the 1 Iowa election campaign fund by providing for the future 2 repeal of the tax checkoff and the Iowa election campaign 3 fund, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6027YH (4) 85 mm/sc
H.F. 2431 DIVISION I 1 IOWA ELECTION CAMPAIGN FUND TAX CHECKOFF 2 Section 1. Section 68A.601, Code 2014, is amended to read 3 as follows: 4 68A.601 Checkoff —— income tax. 5 A For tax years beginning before January 1, 2014, a person 6 whose state income tax liability for any taxable year is one 7 dollar and fifty cents or more may direct that one dollar and 8 fifty cents of that liability be paid over to the Iowa election 9 campaign fund when submitting the person’s state income tax 10 return to the department of revenue. In the case of a joint 11 return of husband and wife having a state income tax liability 12 of three dollars or more, each spouse may direct that one 13 dollar and fifty cents be paid to the fund. The For tax years 14 beginning before January 1, 2014, the director of revenue shall 15 draft the income tax form to provide spaces on the tax return 16 which the taxpayer may use to designate that contributions made 17 under this section be credited to a specified political party 18 as defined by section 43.2 , or to the Iowa election campaign 19 fund as a contribution to be shared by all such political 20 parties in the manner prescribed by section 68A.602 . The form 21 shall inform the taxpayer of the consequences of the choices 22 provided under this section , but this information may be 23 contained in a footnote or other suitable form if the director 24 of revenue finds it is not feasible to place the information 25 immediately above the signature line. The action taken by a 26 person for the checkoff is irrevocable. 27 Sec. 2. Section 422.12J, Code 2014, is amended to read as 28 follows: 29 422.12J Income tax checkoff for Iowa election campaign fund. 30 A For tax years beginning before January 1, 2014, a person 31 who files an individual or a joint income tax return with 32 the department of revenue under section 422.13 may designate 33 a contribution to the Iowa election campaign fund authorized 34 pursuant to section 68A.601 . 35 -1- LSB 6027YH (4) 85 mm/sc 1/ 6
H.F. 2431 DIVISION II 1 FUTURE REPEAL 2 Sec. 3. Section 68A.103, subsection 2, Code 2014, is amended 3 by striking the subsection. 4 Sec. 4. Section 97B.3, subsection 2, Code 2014, is amended 5 to read as follows: 6 2. The qualifications for appointment as the chief 7 executive officer shall include management-level pension 8 fund administration experience. The qualifications for 9 appointment as the chief executive officer shall also 10 include a demonstrated knowledge of all aspects of pension 11 fund administration, including financial management, 12 investment asset management, benefit design and delivery, 13 legal administration, and operations administration. The 14 chief executive officer shall not be selected on the basis 15 of political affiliation, and while employed as the chief 16 executive officer, shall not be a member of a political 17 committee, participate in a political campaign, or be a 18 candidate for a partisan elective office, and shall not 19 contribute to a political campaign fund, except that the chief 20 executive officer may designate on the checkoff portion of the 21 state or federal income tax return , or both, a party or parties 22 to which a contribution is made pursuant to the checkoff. The 23 chief executive officer shall not hold any other office under 24 the laws of the United States or of this or any state and shall 25 devote full time to the duties of office. 26 Sec. 5. Section 422.12D, subsection 4, Code 2014, is amended 27 to read as follows: 28 4. The department shall adopt rules to implement this 29 section . However, before a checkoff pursuant to this section 30 shall be permitted, all liabilities on the books of the 31 department of administrative services and accounts identified 32 as owing under section 8A.504 and the political contribution 33 allowed under section 68A.601 shall be satisfied. 34 Sec. 6. Section 422.12E, subsection 1, Code 2014, is amended 35 -2- LSB 6027YH (4) 85 mm/sc 2/ 6
H.F. 2431 to read as follows: 1 1. For tax years beginning on or after January 1, 2004, 2 there shall be allowed no more than four income tax return 3 checkoffs on each income tax return. When the same four income 4 tax return checkoffs have been provided on the income tax 5 return for two consecutive years, the two checkoffs for which 6 the least amount has been contributed, in the aggregate for the 7 first tax year and through March 15 of the second tax year, are 8 repealed. This section does not apply to the income tax return 9 checkoff provided in section 68A.601 . 10 Sec. 7. Section 422.12K, subsection 2, Code 2014, is amended 11 to read as follows: 12 2. The director of revenue shall draft the income tax form 13 to allow the designation of contributions to the child abuse 14 prevention program fund on the tax return. The department of 15 revenue, on or before January 31, shall transfer the total 16 amount designated on the tax return forms due in the preceding 17 calendar year to the child abuse prevention program fund. 18 However, before a checkoff pursuant to this section shall be 19 permitted, all liabilities on the books of the department of 20 administrative services and accounts identified as owing under 21 section 8A.504 and the political contribution allowed under 22 section 68A.601 shall be satisfied. 23 Sec. 8. Section 422.12L, subsection 2, Code 2014, is amended 24 to read as follows: 25 2. The director of revenue shall draft the income tax form 26 to allow the designation of contributions to the veterans trust 27 fund and to the volunteer fire fighter preparedness fund as 28 one checkoff on the tax return. The department of revenue, 29 on or before January 31, shall transfer one-half of the total 30 amount designated on the tax return forms due in the preceding 31 calendar year to the veterans trust fund and the remaining 32 one-half to the volunteer fire fighter preparedness fund. 33 However, before a checkoff pursuant to this section shall be 34 permitted, all liabilities on the books of the department of 35 -3- LSB 6027YH (4) 85 mm/sc 3/ 6
H.F. 2431 administrative services and accounts identified as owing under 1 section 8A.504 and the political contribution allowed under 2 section 68A.601 shall be satisfied. 3 Sec. 9. Section 456A.16, unnumbered paragraph 7, Code 2014, 4 is amended to read as follows: 5 The department shall adopt rules to implement this section . 6 However, before a checkoff pursuant to this section shall be 7 permitted, all liabilities on the books of the department of 8 administrative services and accounts identified as owing under 9 section 8A.504 and the political contribution allowed under 10 section 68A.601 shall be satisfied. 11 Sec. 10. Section 474.10, Code 2014, is amended to read as 12 follows: 13 474.10 General counsel. 14 The board shall employ a competent attorney to serve as its 15 general counsel, and assistants to the general counsel as it 16 finds necessary for the full and efficient discharge of its 17 duties. The general counsel is the attorney for, and legal 18 advisor of, the board and is exempt from the merit system 19 provisions of chapter 8A, subchapter IV . Assistants to the 20 general counsel are subject to the merit system provisions of 21 chapter 8A, subchapter IV . The general counsel or an assistant 22 to the general counsel shall provide the necessary legal advice 23 to the board in all matters and represent the board in all 24 actions instituted in a state or federal court challenging 25 the validity of a rule or order of the board. The existence 26 of a fact which disqualifies a person from election or from 27 acting as a utilities board member disqualifies the person from 28 employment as general counsel or assistant general counsel. 29 The general counsel shall devote full time to the duties of the 30 office. During employment the counsel shall not be a member of 31 a political committee, contribute to a political campaign fund 32 other than through the income tax checkoff for contributions to 33 the Iowa election campaign fund and the presidential election 34 campaign fund, participate in a political campaign, or be a 35 -4- LSB 6027YH (4) 85 mm/sc 4/ 6
H.F. 2431 candidate for a political office. 1 Sec. 11. Section 475A.1, subsection 4, Code 2014, is amended 2 to read as follows: 3 4. Political activity prohibited. The consumer advocate 4 shall devote the advocate’s entire time to the duties of the 5 office; and during the advocate’s term of office the advocate 6 shall not be a member of a political committee or contribute 7 to a political campaign fund other than through the income tax 8 checkoff for contributions to the Iowa election campaign fund 9 and the presidential election campaign fund or take part in 10 political campaigns or be a candidate for a political office. 11 Sec. 12. Section 904.107, Code 2014, is amended to read as 12 follows: 13 904.107 Director —— appointment and qualifications. 14 The chief administrative officer for the department is the 15 director. The director shall be appointed by the governor 16 subject to confirmation by the senate and shall serve at the 17 pleasure of the governor. The director shall be qualified 18 in reformatory and prison management, knowledgeable in 19 community-based corrections, and shall possess administrative 20 ability. The director shall also have experience in the field 21 of criminology and discipline and in the supervision of inmates 22 in corrective penal institutions. The director shall not be 23 selected on the basis of political affiliation, and while 24 employed as the director, shall not be a member of a political 25 committee, participate in a political campaign, be a candidate 26 for a partisan elective office, and shall not contribute to a 27 political campaign fund, except that the director may designate 28 on the checkoff portion of the state or federal income tax 29 return , or both, a party or parties to which a contribution is 30 made pursuant to the checkoff. The director shall not hold any 31 other office under the laws of the United States or of this or 32 any state or hold any position for profit and shall devote full 33 time to the duties of office. 34 Sec. 13. REPEAL. Sections 68A.601, 68A.602, 68A.603, 35 -5- LSB 6027YH (4) 85 mm/sc 5/ 6
H.F. 2431 68A.604, 68A.605, 68A.606, 68A.607, 68A.608, 68A.609, and 1 422.12J, Code 2014, are repealed. 2 Sec. 14. EFFECTIVE DATE. This division of this Act takes 3 effect July 1, 2015. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the Iowa election campaign income tax 8 checkoff and the Iowa election campaign fund. 9 CURRENT LAW. The Iowa election campaign tax checkoff allows 10 individuals to designate on their income tax return up to $1.50 11 of their state tax liability to the Iowa election campaign 12 fund. The checkoff is not subject to the provisions of Code 13 section 422.12E that limit to four the number of checkoffs 14 that may appear on an income tax return and that automatically 15 repeal certain checkoffs that receive the least amount of 16 contributions. 17 Moneys in the Iowa election campaign fund, consisting of 18 a separate fund for each political party, are disbursed to 19 candidates for partisan public office at the request of the 20 candidate and at the discretion of the state central committee 21 of each political party. The Iowa ethics and campaign 22 disclosure board is responsible for administering the Iowa 23 election campaign fund. Any moneys not used by the political 24 parties by the end of a general election year revert to the 25 general fund of the state. 26 DIVISION I —— IOWA ELECTION CAMPAIGN TAX CHECKOFF. Division 27 I of the bill restricts the Iowa election campaign income tax 28 checkoff to tax years beginning before January 1, 2014. The 29 checkoff will not be available on the individual income tax 30 return for tax year 2014, nor any tax year thereafter. 31 DIVISION II —— FUTURE REPEAL. Division II of the bill 32 provides that the Iowa election campaign income tax checkoff 33 and the Iowa election campaign fund are repealed effective July 34 1, 2015. 35 -6- LSB 6027YH (4) 85 mm/sc 6/ 6
feedback