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Senate Amendment 3386

Amendment Text

PAG LIN
  1  1    Amend Senate File 434 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 12D.5, subsection 2, paragraph
  1  5 a, Code 2003, is amended by adding the following new
  1  6 subparagraph:
  1  7    NEW SUBPARAGRAPH.  (4)  Attendance of the
  1  8 designated beneficiary at the United States military
  1  9 academy, the United States naval academy, the United
  1 10 States air force academy, the United States coast
  1 11 guard academy, or the United States merchant marine
  1 12 academy, to the extent that the amount of the payment
  1 13 or distribution does not exceed the costs of advanced
  1 14 education, as defined by 10 U.S.C. } 2005(e)(3), as in
  1 15 effect on the date of the enactment of this
  1 16 subparagraph, attributable to such attendance.
  1 17    Sec. 2.  Section 12D.9, subsection 1, paragraph f,
  1 18 Code 2003, is amended to read as follows:
  1 19    f.  Pursuant to section 12D.5, subsection 1,
  1 20 penalties are provided on refunds of earnings which
  1 21 are not used for qualified higher education expenses
  1 22 of the beneficiary, made on account of the death or
  1 23 disability of the designated beneficiary, or made due
  1 24 to scholarship, allowance, or payment receipt as
  1 25 provided in section 529(b)(3) of the Internal Revenue
  1 26 Code, or made in the amount of the costs for
  1 27 attendance at the United States military, naval, air
  1 28 force, coast guard, or merchant marine academy.
  1 29    Sec. 3.  Section 29A.28, Code 2003, is amended to
  1 30 read as follows:
  1 31    29A.28  LEAVE OF ABSENCE OF CIVIL EMPLOYEES.
  1 32    1.  All officers and employees of the state, or a
  1 33 subdivision thereof, or a municipality other than
  1 34 employees employed temporarily for six months or less,
  1 35 who are members of the national guard, organized
  1 36 reserves or any component part of the military, naval,
  1 37 or air forces or nurse corps of this state or nation,
  1 38 or who are or may be otherwise inducted into the
  1 39 military service of this state or of the United
  1 40 States, shall, when ordered by proper authority to
  1 41 state active duty, active state service or federal
  1 42 service, be entitled to a leave of absence from such
  1 43 civil employment for the period of state active duty,
  1 44 active state service, or federal service, without loss
  1 45 of status or efficiency rating, and without loss of
  1 46 pay during the first thirty days of such leave of
  1 47 absence.  Where state active duty, active state
  1 48 service, or federal service is for a period less than
  1 49 thirty days, a leave of absence under this section
  1 50 shall only be required for those days that the civil
  2  1 employee would normally perform services for the
  2  2 state, subdivision of the state, or a municipality.
  2  3    2.  The proper appointing authority may make a
  2  4 temporary appointment to A state agency, subdivision
  2  5 of the state, or municipality may hire a temporary
  2  6 employee to fill any vacancy created by such leave of
  2  7 absence.  Temporary employees hired to fill a vacancy
  2  8 created by a leave of absence under this section shall
  2  9 not count against the number of full-time equivalent
  2 10 positions authorized for the state agency, subdivision
  2 11 of the state, or municipality.
  2 12    3.  Upon returning from a leave of absence under
  2 13 this section, an employee shall be entitled to return
  2 14 to the same position and classification held by the
  2 15 employee at the time of entry into state active duty,
  2 16 active state service, or federal service or to the
  2 17 position and classification that the employee would
  2 18 have been entitled to if the continuous civil service
  2 19 of the employee had not been interrupted by state
  2 20 active duty, active state service, or federal service.
  2 21 Under this subsection, "position" includes the
  2 22 geographical location of the position.
  2 23    Sec. 4.  Section 35.1, subsection 2, paragraph b,
  2 24 Code 2003, is amended by adding the following new
  2 25 subparagraph:
  2 26    NEW SUBPARAGRAPH.  (5)  Former members of the armed
  2 27 forces of the United States if any portion of their
  2 28 term of enlistment would have occurred within the time
  2 29 period specified in paragraph "a", subparagraph (9),
  2 30 but who instead opted to serve five years in the
  2 31 reserve forces of the United States, as allowed by
  2 32 federal law, and who were discharged under honorable
  2 33 conditions.
  2 34    Sec. 5.  Section 422.7, Code 2003, is amended by
  2 35 adding the following new subsections:
  2 36    NEW SUBSECTION.  39.  Subtract, to the extent
  2 37 included, active duty pay received by a person in the
  2 38 national guard or armed forces military reserve for
  2 39 service performed on or after January 1, 2003,
  2 40 pursuant to military orders related to Operation Iraqi
  2 41 Freedom, Operation Noble Eagle, and Operation Enduring
  2 42 Freedom.
  2 43    NEW SUBSECTION.  40.  Subtract, not to exceed one
  2 44 thousand five hundred dollars, the overnight
  2 45 transportation, meals, and lodging expenses, to the
  2 46 extent not reimbursed, incurred by the taxpayer for
  2 47 travel away from home of more than one hundred miles
  2 48 for the performance of services by the taxpayer as a
  2 49 member of the national guard or armed forces military
  2 50 reserve.
  3  1    NEW SUBSECTION.  41.  Subtract, to the extent
  3  2 included, military student loan repayments received by
  3  3 the taxpayer serving on active duty in the national
  3  4 guard or armed forces military reserve or on active
  3  5 duty status in the armed forces.
  3  6    Sec. 6.  Section 422.7, Code 2003, is amended by
  3  7 adding the following new subsection:
  3  8    NEW SUBSECTION.  42.  Subtract, to the extent not
  3  9 otherwise excluded, the amount of the death gratuity
  3 10 payable under 10 U.S.C. }} 1475-1491 for deaths
  3 11 occurring after September 10, 2001.
  3 12    Sec. 7.  Section 422.9, subsection 2, Code 2003, is
  3 13 amended by adding the following new paragraph:
  3 14    NEW PARAGRAPH.  j.  If the taxpayer has a deduction
  3 15 for miscellaneous expenses under section 67 of the
  3 16 Internal Revenue Code, the taxpayer shall recompute
  3 17 for the purposes of this subsection the amount of the
  3 18 deduction under section 67 by excluding from the
  3 19 expenses, the amount subtracted under section 422.7,
  3 20 subsection 40.
  3 21    Sec. 8.  Section 422.21, unnumbered paragraph 2,
  3 22 Code 2003, is amended to read as follows:
  3 23    An individual in the armed forces of the United
  3 24 States serving in an area designated by the president
  3 25 of the United States or the United States Congress as
  3 26 a combat zone or as a qualified hazardous duty area,
  3 27 or deployed outside the United States away from the
  3 28 individual's permanent duty station while
  3 29 participating in an operation designated by the United
  3 30 States secretary of defense as a contingency operation
  3 31 as defined in 10 U.S.C. } 101(a)(13), or which became
  3 32 such a contingency operation by the operation of law,
  3 33 or an individual serving in support of those forces,
  3 34 is allowed the same additional time period after
  3 35 leaving the combat zone or the qualified hazardous
  3 36 duty area, or ceasing to participate in such
  3 37 contingency operation, or after a period of continuous
  3 38 hospitalization, to file a state income tax return or
  3 39 perform other acts related to the department, as would
  3 40 constitute timely filing of the return or timely
  3 41 performance of other acts described in section 7508(a)
  3 42 of the Internal Revenue Code.  For the purposes of
  3 43 this paragraph, "other acts related to the department"
  3 44 includes filing claims for refund for any tax
  3 45 administered by the department, making tax payments
  3 46 other than withholding payments, filing appeals on the
  3 47 tax matters, filing other tax returns, and performing
  3 48 other acts described in the department's rules.  The
  3 49 additional time period allowed applies to the spouse
  3 50 of the individual described in this paragraph to the
  4  1 extent the spouse files jointly or separately on the
  4  2 combined return form with the individual or when the
  4  3 spouse is a party with the individual to any matter
  4  4 for which the additional time period is allowed.
  4  5    Sec. 9.  Section 422.34, subsection 2, Code 2003,
  4  6 is amended by adding the following new unnumbered
  4  7 paragraph:
  4  8    NEW UNNUMBERED PARAGRAPH.  An organization that
  4  9 would have qualified as an organization exempt from
  4 10 federal income tax under section 501(c)(19) of the
  4 11 Internal Revenue Code but for the fact that the
  4 12 requirement that substantially all of the members who
  4 13 are not past or present members of the United States
  4 14 armed forces is not met because such members include
  4 15 ancestors or lineal descendants, shall be considered
  4 16 for purposes of the exemption from taxation under this
  4 17 division as an organization exempt from federal income
  4 18 tax under section 501(c)(19) of the Internal Revenue
  4 19 Code.
  4 20    Sec. 10.  STATE FUNDING.  The military service tax
  4 21 exemptions and credits provided pursuant to the
  4 22 amendment to section 35.1 of this Act shall be funded
  4 23 pursuant to chapter 426A and section 25B.7, subsection
  4 24 2.
  4 25    Sec. 11.  EFFECTIVE AND APPLICABILITY DATES.
  4 26    1.  Except as provided in subsections 2, 3, 4, 5,
  4 27 and 6, this Act, being deemed of immediate importance,
  4 28 takes effect upon enactment and applies retroactively
  4 29 to January 1, 2003, for tax years beginning on or
  4 30 after that date.
  4 31    2.  Section 3 of this Act, being deemed of
  4 32 immediate importance, takes effect upon enactment and
  4 33 applies retroactively to January 1, 2003.
  4 34    3.  Section 4 of this Act amending section 35.1,
  4 35 being deemed of immediate importance, takes effect
  4 36 upon enactment.
  4 37    4.  Section 6 of this Act, amending section 422.7
  4 38 to allow for the subtraction of additional death
  4 39 gratuity benefits, being deemed of immediate
  4 40 importance, takes effect upon enactment and applies
  4 41 retroactively to tax years ending after September 10,
  4 42 2001.
  4 43    5.  Section 8 of this Act, amending section 422.21,
  4 44 being deemed of immediate importance, takes effect
  4 45 upon enactment and applies to any period for
  4 46 performing an act that has not expired before the
  4 47 effective date.
  4 48    6.  Section 9 of this Act, amending section 422.34,
  4 49 being deemed of immediate importance, takes effect
  4 50 upon enactment and applies to tax years beginning
  5  1 after the effective date."
  5  2    #2.  Title page, by striking lines 1 through 5 and
  5  3 inserting the following:  "An Act relating to income
  5  4 tax deductions and exemptions for military service
  5  5 personnel and organizations, and including effective
  5  6 and applicability date provisions." 
  5  7 
  5  8 
  5  9                               
  5 10 STEVEN H. WARNSTADT 
  5 11 SF 434.501 80
  5 12 rh/pj
     

Text: S03385                            Text: S03387
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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