Bill Text: IA SF635 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act reestablishing individual income tax checkoffs for the Iowa state fair foundation fund and the joint income tax checkoff for the veterans trust fund and the volunteer fire fighter preparedness fund. (Formerly SSB 1258.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-16 - Subcommittee: Schultz, Behn, and Dotzler. S.J. 109. [SF635 Detail]

Download: Iowa-2019-SF635-Introduced.html
Senate File 635 - Introduced SENATE FILE 635 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1258) A BILL FOR An Act reestablishing individual income tax checkoffs for the 1 Iowa state fair foundation fund and the joint income tax 2 checkoff for the veterans trust fund and the volunteer fire 3 fighter preparedness fund. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2810SV (2) 88 jm/jh
S.F. 635 Section 1. Section 173.22, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. A foundation fund is created within the state treasury 3 composed of moneys appropriated or available to and obtained or 4 accepted by the foundation. The foundation fund shall include 5 moneys credited to the fund as provided in section 422.12D 6 422.12I . 7 Sec. 2. Section 422.12E, Code 2019, is amended to read as 8 follows: 9 422.12E Income tax return checkoffs limited. 10 1. For tax years beginning on or after January 1, 2019, 11 there There shall be allowed no more than four income tax 12 return checkoffs on each income tax return. For tax years 13 beginning on or after January 1,2017, when the same four income 14 tax return checkoffs have been provided on the income tax 15 return for two consecutive tax years, the two checkoffs for 16 which the least amount has been contributed, in the aggregate 17 for the first tax year and through March 15 after the end of the 18 second tax year, are repealed on December 31 after the end of 19 the second tax year and shall be removed from the return form . 20 2. If more checkoffs are enacted in the same session of 21 the general assembly than there is space for inclusion on the 22 individual tax return form, the checkoffs with the earliest 23 enacted checkoffs date of enactment as determined pursuant 24 to section 3.7 for which there is space for inclusion on the 25 return form shall be included on the return form, and all other 26 checkoffs enacted during that session of the general assembly 27 are repealed on December 31 of the year of enactment . If 28 more checkoffs are enacted in the same session of the general 29 assembly than there is space for inclusion on the individual 30 income tax form and the additional checkoffs are enacted on 31 the same day and it is indeterminable which checkoffs have 32 the earliest date of enactment pursuant to section 3.7 , the 33 director shall determine which checkoffs shall be included on 34 the return form , and all other checkoffs not included on the 35 -1- LSB 2810SV (2) 88 jm/jh 1/ 5
S.F. 635 return form shall be repealed on December 31 of the year of 1 enactment and shall not be included on the return form . 2 3. a. By July 1 of the year in which two checkoffs are 3 repealed pursuant to subsection 1, the department shall notify 4 the Iowa Code editor which two checkoffs received the least 5 amount of contributions and are repealed. 6 b. By September 1 of any applicable year, the department 7 shall notify the Iowa Code editor of any repeal pursuant to 8 subsection 2. 9 Sec. 3. NEW SECTION . 422.12G Joint income tax checkoff for 10 veterans trust fund and volunteer fire fighter preparedness fund. 11 1. A person who files an individual or a joint income tax 12 return with the department of revenue under section 422.13 may 13 designate one dollar or more to be paid jointly to the veterans 14 trust fund created in section 35A.13 and to the volunteer fire 15 fighter preparedness fund created in section 100B.13. If the 16 refund due on the return or the payment remitted with the 17 return is insufficient to pay the additional amount designated 18 by the taxpayer, the amount designated shall be reduced to the 19 remaining amount of refund or the remaining amount remitted 20 with the return. The designation of a contribution under this 21 section is irrevocable. 22 2. The director of revenue shall draft the income tax form 23 to allow the designation of contributions to the veterans trust 24 fund and to the volunteer fire fighter preparedness fund as 25 one checkoff on the tax return. The department of revenue, 26 on or before January 31, shall transfer one-half of the total 27 amount designated on the tax return forms due in the preceding 28 calendar year to the veterans trust fund and the remaining 29 one-half to the volunteer fire fighter preparedness fund. 30 However, before a checkoff pursuant to this section shall be 31 permitted, all liabilities on the books of the department of 32 administrative services and accounts identified as owing under 33 section 8A.504 shall be satisfied. 34 3. The department of revenue shall adopt rules to administer 35 -2- LSB 2810SV (2) 88 jm/jh 2/ 5
S.F. 635 this section. 1 4. This section is subject to repeal under section 422.12E. 2 Sec. 4. Section 422.12H, Code 2019, is amended to read as 3 follows: 4 422.12H Income tax checkoff for fish and game protection 5 fund. 6 1. A person who files an individual or a joint income tax 7 return with the department of revenue under section 422.13 may 8 designate a contribution to the state fish and game protection 9 fund authorized pursuant to section 456A.16 . 10 2. This section is subject to repeal under section 422.12E. 11 Sec. 5. NEW SECTION . 422.12I Income tax checkoff for the 12 Iowa state fair foundation fund. 13 1. A person who files an individual or a joint income tax 14 return with the department of revenue under section 422.13 15 may designate one dollar or more to be paid to the foundation 16 fund of the Iowa state fair foundation as established in 17 section 173.22. If the refund due on the return or the payment 18 remitted with the return is insufficient to pay the amount 19 designated by the taxpayer to the foundation fund, the amount 20 designated shall be reduced to the remaining amount of the 21 refund or the remaining amount remitted with the return. The 22 designation of a contribution to the foundation fund under this 23 section is irrevocable. 24 2. The director of revenue shall draft the income tax form 25 to allow the designation of contributions to the foundation 26 fund on the tax return. The department, on or before January 27 31, shall transfer the total amount designated on the tax 28 form due in the preceding year to the foundation fund. 29 However, before a checkoff pursuant to this section shall be 30 permitted, all liabilities on the books of the department of 31 administrative services and accounts identified as owing under 32 section 8A.504 shall be satisfied. 33 3. The Iowa state fair board may authorize payment from 34 the foundation fund for purposes of supporting foundation 35 -3- LSB 2810SV (2) 88 jm/jh 3/ 5
S.F. 635 activities. 1 4. The department of revenue shall adopt rules to implement 2 this section. 3 5. This section is subject to repeal under section 422.12E. 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 reestablishes the individual income tax checkoff 8 for the Iowa state fair foundation fund and the joint income 9 tax checkoff for the veterans trust fund and the volunteer fire 10 fighter preparedness fund. 11 A checkoff allows a taxpayer who files an individual or 12 a joint income tax return with the department of revenue 13 to designate a dollar amount to be paid to a specific fund 14 included on the individual income tax form. 15 Currently, the following four checkoffs are included on 16 the individual income tax return form: the Iowa state fair 17 foundation fund, the fish and game protection fund, the 18 child abuse prevention program fund, and the joint income tax 19 checkoff for the veterans trust fund and the volunteer fire 20 fighter preparedness fund. 21 Under Code section 422.12E(1), for tax years beginning on 22 or after January 1, 2017, when the same four income tax return 23 checkoffs have been provided on the individual income tax 24 return for two consecutive years, the two checkoffs for which 25 the least amount has been contributed, in the aggregate for the 26 first tax year and through March 15 of the second tax year, are 27 repealed. The Iowa state fair foundation fund checkoff and the 28 joint income tax checkoff for the veterans trust fund and the 29 volunteer fire fighter preparedness fund received the least 30 amount contributed in the aggregate for the previous tax year 31 and through March 15 of this tax year, and therefore have been 32 repealed by operation of law. 33 The bill reestablishes the Iowa state fair foundation 34 checkoff and the joint income tax checkoff for the veterans 35 -4- LSB 2810SV (2) 88 jm/jh 4/ 5
S.F. 635 trust fund and the volunteer fire fighter preparedness fund for 1 inclusion on the 2019 and 2020 individual income tax return 2 forms, after which the checkoffs will again be subject to 3 repeal pursuant to Code section 422.12E(1), if the checkoffs 4 have the least amount of contributions in comparison to the 5 other two checkoffs. 6 The bill specifies that if a checkoff is repealed by 7 operation of law pursuant to Code section 422.12E, the date of 8 the repeal is December 31 after the end of the second tax year. 9 For purposes of publishing the Code, the bill requires the 10 department of revenue to notify the Iowa Code editor which two 11 checkoffs received the least amount of contributions during the 12 applicable year, and thereby are repealed by operation of law. 13 The bill also requires the department of revenue to notify the 14 Iowa Code editor when more checkoffs are enacted than there is 15 space for inclusion on the individual income tax return form, 16 and thereby are repealed by operation of law as well. 17 The amendment to Code section 422.12H relating to the fish 18 and game protection gaming fund specifies that the income tax 19 checkoff for the fish and game protection fund is subject to 20 repeal under Code section 422.12E just as the other checkoffs 21 are subject to repeal, if the fund is one of two checkoffs 22 receiving the least amount of contributions over a two-year 23 period. 24 -5- LSB 2810SV (2) 88 jm/jh 5/ 5
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