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House Journal: Page 418: Thursday, February 22, 1996

H-5106

 1     Amend the Senate amendment, H-5079, to House File
 2   2114, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 21.
 5     2.  Page 1, by striking line 42 and inserting the
 6   following:
 7   "	$  1,050,000".
 8     3.  By striking page 1, line 45, through page 2,
 9   line 13.
10     4.  Page 2, by striking lines 14 through 36.
11     5.  By striking page 2, line 37 through page 3,
12   line 13.
13     6.  Page 3, by striking lines 16 through 48.
14     7.  Page 4, by striking lines 1 through 47 and
15   inserting the following:
16     ""Sec. ___.  DEPARTMENT OF REVENUE AND FINANCE _
17   REFUND CLAIMS.  There is appropriated from the general
18   fund of the state to the department of revenue and
19   finance for the fiscal year beginning July 1, 1995,
20   and ending June 30, 1996, an amount estimated by the
21   department to be sufficient to pay all refund claims
22   timely filed pursuant to section 422.73, subsection 3,
23   as enacted by this Act, and to pay up to $75,000 for
24   processing such claims.
25     Notwithstanding section 8.33, moneys appropriated
26   in this section which remain unexpended or unobligated
27   at the close of the fiscal year shall not revert to
28   the general fund of the state but shall remain
29   available for expenditure in the succeeding fiscal
30   year for the purposes of paying refund claims and
31   processing costs as provided and the moneys are not
32   subject to transfer under section 8.39.
33     Sec. ___.  Section 422.73, Code 1995, is amended by
34   adding the following new subsection:
35     NEW SUBSECTION.  3.  Notwithstanding subsection 2,
36   a claim for refund of individual income tax paid for
37   any tax year beginning on or after January 1, 1985,
38   and before January 1, 1989, is considered timely if
39   filed with the department on or before October 31,
40   1996, if the taxpayer's claim is the result of the
41   unconstitutional taxation of federal pension benefits
42   based upon the decision in Davis v. Michigan
43   Department of Treasury, 489 US. 803, 109 S. Ct. 1500
44   (1989).
45     A taxpayer entitled to a refund of tax paid under
46   this subsection shall receive an amount equal to one
47   hundred percent of the refund without interest.  The
48   claim for refund shall be filed separate from any
49   income tax return and shall not be allowed as a credit
50   for income taxes owed.  A claim shall be filed between

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

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Last update: Mon Feb 26 19:45:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/00400/00418.html
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