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