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Senate Study Bill 3172

Bill Text

PAG LIN
  1  1    Section 1.  Section 314.28, Code 2003, is reenacted to read
  1  2 as follows:
  1  3    314.28  KEEP IOWA BEAUTIFUL FUND.
  1  4    A keep Iowa beautiful fund is created in the office of the
  1  5 treasurer of state.  The fund is composed of moneys
  1  6 appropriated or available to and obtained or accepted by the
  1  7 treasurer of state for deposit in the fund.  The fund shall
  1  8 include moneys credited to the fund as provided in section
  1  9 422.12A.  All interest earned on moneys in the fund shall be
  1 10 credited to and remain in the fund.  Section 8.33 does not
  1 11 apply to moneys in the fund.
  1 12    Moneys in the fund are subject to appropriation by the
  1 13 general assembly annually for the purposes of educating and
  1 14 encouraging Iowans to take greater responsibility for
  1 15 improving their community environment and enhancing the beauty
  1 16 of the state through litter prevention, improving waste
  1 17 management and recycling efforts, and beautification projects.
  1 18    The department may authorize payment of moneys appropriated
  1 19 from the fund to the department upon approval of an
  1 20 application from a private or public organization.  The
  1 21 applicant shall submit a plan for litter prevention, improving
  1 22 waste management and recycling efforts, or a beautification
  1 23 project along with its application.  The department shall
  1 24 establish standards relating to the type of projects available
  1 25 for assistance.
  1 26    Sec. 2.  Section 422.12A, Code Supplement 2003, is
  1 27 reenacted to read as follows:
  1 28    422.12A  INCOME TAX REFUND CHECKOFF FOR KEEP IOWA BEAUTIFUL
  1 29 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 keep Iowa
  1 33 beautiful fund as created in section 314.28.  If the refund
  1 34 due on the return or the payment remitted with the return is
  1 35 insufficient to pay the additional amount designated by the
  2  1 taxpayer to the keep Iowa beautiful fund, the amount
  2  2 designated shall be reduced to the remaining amount of refund
  2  3 or the remaining amount remitted with the return.  The
  2  4 designation of a contribution to the keep Iowa beautiful fund
  2  5 under this section is irrevocable.
  2  6    2.  The director of revenue shall draft the income tax form
  2  7 to allow the designation of contributions to the keep Iowa
  2  8 beautiful fund on the tax return.  The department of revenue,
  2  9 on or before January 31, shall certify the total amount
  2 10 designated on the tax return forms due in the preceding
  2 11 calendar year and shall report the amount to the treasurer of
  2 12 state.  The treasurer of state shall credit the amount to the
  2 13 keep Iowa beautiful fund.  However, before a checkoff pursuant
  2 14 to this section shall be permitted, all liabilities on the
  2 15 books of the department of revenue and accounts identified as
  2 16 owing under section 421.17 and the political contribution
  2 17 allowed under section 68A.601 shall be satisfied.
  2 18    3.  Moneys in the fund are subject to appropriation as
  2 19 provided in section 314.28.
  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.  Section 422.12E, Code Supplement 2003, is amended
  2 25 to read as follows:
  2 26    422.12E  INCOME TAX RETURN CHECKOFFS LIMITED.
  2 27    For tax years beginning on or after January 1, 1995, there
  2 28 shall be allowed no more than three income tax return
  2 29 checkoffs on each income tax return.  When the same three
  2 30 income tax return checkoffs have been provided on the income
  2 31 tax return for three consecutive years, the checkoff for which
  2 32 the least amount has been contributed, in the aggregate for
  2 33 the first two tax years and through March 15 of the third tax
  2 34 year, shall be is repealed.  This section does not apply to
  2 35 the income tax return checkoff provided in section 68A.601.
  3  1    Sec. 4.  Section 422.12E, Code 2003, is amended by adding
  3  2 the following new unnumbered paragraph:
  3  3    NEW UNNUMBERED PARAGRAPH.  If more than one checkoff is
  3  4 enacted in the same session of the general assembly for
  3  5 inclusion on the individual income tax return form and, by
  3  6 operation of this section, only one new checkoff is allowed on
  3  7 the individual income tax return form, the earliest enacted
  3  8 checkoff shall be included on the return form, or shall be
  3  9 included on the first available opening on the return form,
  3 10 and the inclusion on the return form of any other checkoffs
  3 11 enacted will be for subsequent tax years in the chronological
  3 12 order in which the checkoffs were enacted.
  3 13    Sec. 5.  EFFECTIVE DATE.  Section 4 of this Act, being of
  3 14 immediate importance, takes effect upon enactment.
  3 15    Sec. 6.  Section 2 of this Act applies retroactively to tax
  3 16 years beginning on or after January 1, 2004.  
  3 17                           EXPLANATION
  3 18    This bill reenacts the keep Iowa beautiful checkoff which
  3 19 was scheduled to be removed from the Iowa individual income
  3 20 tax return form effective for the tax year beginning January
  3 21 1, 2004.  The bill provides that taxpayers filing individual
  3 22 income tax returns will be allowed to designate $1 or more on
  3 23 the return to be paid to the keep Iowa beautiful fund.  The
  3 24 bill requires the department of revenue to annually remit
  3 25 moneys collected from the checkoff to the keep Iowa beautiful
  3 26 fund created in the office of the treasurer of state.  Moneys
  3 27 in the fund are subject to appropriation by the general
  3 28 assembly annually to the department of transportation for the
  3 29 purpose of awarding financial assistance to an applicant who
  3 30 submits, along with its application, a plan for litter
  3 31 prevention, improving waste management and recycling efforts,
  3 32 or a beautification project.  The bill provides that the keep
  3 33 Iowa beautiful checkoff is subject to the limitation on the
  3 34 number of checkoffs allowed on the Iowa individual income tax
  3 35 return and, for that reason, is subject to repeal.  The
  4  1 checkoff section of the bill applies retroactively to January
  4  2 1, 2004, for tax years beginning on or after that date.
  4  3    The bill also amends Code section 422.12D relating to the
  4  4 limitation on the number of checkoffs allowed on the Iowa
  4  5 individual income tax return to provide that if more than one
  4  6 checkoff is enacted during a session of the general assembly
  4  7 and there is space allowed for only one new checkoff on the
  4  8 income tax return form, the checkoff first enacted will take
  4  9 the next available opening on the income tax return form.
  4 10 This provision of the bill takes effect upon enactment.  
  4 11 LSB 7063XC 80
  4 12 sc/pj/5
     

Text: SSB03171                          Text: SSB03173
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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