Senate File 2398 - Introduced SENATE FILE BY BEALL Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing an individual income tax checkoff for the 2 spaying and neutering of dogs and cats, and providing an 3 appropriation and for the Act's implementation. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6394XS 82 6 ak/rj/8 PAG LIN 1 1 Section 1. NEW SECTION. 162.21 SPAYING AND NEUTERING OF 1 2 DOGS AND CATS COMMITTEE AND FUND. 1 3 1. a. A spaying and neutering of dogs and cats committee 1 4 is established. The committee shall consist of three members: 1 5 an animal warden appointed to a two=year term by the governor; 1 6 the executive director or executive director's designee of the 1 7 animal rescue league of Iowa; and a veterinarian appointed to 1 8 a two=year term by the president of the Iowa veterinary 1 9 medical association. 1 10 b. The committee shall determine the distribution of funds 1 11 to animal shelters and pounds for the purposes of spaying and 1 12 neutering dogs and cats. The committee shall distribute all 1 13 available funds each year, and present an annual report to the 1 14 general assembly and the governor by January 1 detailing how 1 15 the funds were distributed. 1 16 2. a. A spaying and neutering of dogs and cats fund is 1 17 created in the state treasury under the control of the spaying 1 18 and neutering of dogs and cats committee. The fund is 1 19 composed of moneys appropriated or available to and obtained 1 20 or accepted by the treasurer of state for deposit in the fund. 1 21 The fund shall include moneys transferred to the fund as 1 22 provided in section 422.12K. All interest earned on moneys in 1 23 the fund shall be credited to and remain in the fund. Section 1 24 8.33 does not apply to moneys in the fund. 1 25 b. Moneys in the fund as authorized by the committee for 1 26 expenditure are appropriated and shall be used for purposes 1 27 described in this section. 1 28 Sec. 2. NEW SECTION. 422.12K INCOME TAX CHECKOFF FOR 1 29 SPAYING AND NEUTERING OF ANIMALS FUND. 1 30 1. A person who files an individual or a joint income tax 1 31 return with the department of revenue under section 422.13 may 1 32 designate one dollar or more to be paid to the spaying and 1 33 neutering of dogs and cats fund created in section 162.21. If 1 34 the refund due is insufficient to pay the additional amount 1 35 designated by the taxpayer to the spaying and neutering of 2 1 dogs and cats fund, the amount designated shall be reduced to 2 2 the remaining amount remitted with the return. The 2 3 designation of a contribution to the spaying and neutering of 2 4 dogs and cats fund under this section is irrevocable. 2 5 2. The director of revenue shall draft the income tax form 2 6 to allow the designation of contributions to the spaying and 2 7 neutering of dogs and cats fund on the tax return. The 2 8 department of revenue, on or before January 31, shall transfer 2 9 the total amount designated on the tax return forms due in the 2 10 preceding calendar year to the spaying and neutering of dogs 2 11 and cats fund. However, before a checkoff pursuant to this 2 12 section shall be permitted, all liabilities on the books of 2 13 the department of revenue and accounts identified as owing 2 14 under section 8A.504 and the political contribution allowed 2 15 under section 68A.601 shall be satisfied. 2 16 3. The spaying and neutering of dogs and cats committee 2 17 shall authorize payment of moneys from the spaying and 2 18 neutering of dogs and cats fund, in accordance with section 2 19 162.21. 2 20 4. The department of revenue shall adopt rules to 2 21 administer this section. 2 22 5. This section is subject to repeal under section 2 23 422.12E. 2 24 Sec. 3. IMPLEMENTATION. The checkoff created in this Act 2 25 is eligible for placement on the individual income tax return 2 26 form commencing with the tax year beginning January 1, 2009, 2 27 provided the conditions for placement on the return form set 2 28 out in section 422.12E are met. 2 29 EXPLANATION 2 30 This bill provides that taxpayers filing individual income 2 31 tax returns will be allowed to designate $1 or more on the 2 32 return to be paid to the spaying and neutering of dogs and 2 33 cats fund created in Code section 162.21. The bill requires 2 34 the department of revenue to annually remit moneys collected 2 35 from the checkoff to the fund. Moneys in the fund shall be 3 1 used by the spaying and neutering of dogs and cats committee, 3 2 as described in Code section 162.21. The committee shall 3 3 distribute all the moneys available each year and prepare an 3 4 annual report for the general assembly and the governor 3 5 explaining how the moneys were distributed. 3 6 The bill provides that the checkoff is eligible for 3 7 placement on the individual income tax return for the tax year 3 8 beginning January 1, 2009, provided the conditions for 3 9 placement of multiple checkoffs on the return form set out in 3 10 Code section 422.12E are met. 3 11 LSB 6394XS 82 3 12 ak/rj/8