House File 361
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing an Iowa individual income tax checkoff for the
2 arts, making an appropriation, and providing a retroactive
3 applicability date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2905HH 80
6 sc/pj/5
PAG LIN
1 1 Section 1. Section 422.12E, Code 2003, is amended to read
1 2 as follows:
1 3 422.12E INCOME TAX RETURN CHECKOFFS LIMITED.
1 4 For tax years beginning on or after January 1, 1995, there
1 5 shall be allowed no more than three income tax return
1 6 checkoffs on each income tax return. When the same three
1 7 income tax return checkoffs have been provided on the income
1 8 tax return for three consecutive years, the checkoff for which
1 9 the least amount has been contributed, in the aggregate for
1 10 the first two tax years and through March 15 of the third tax
1 11 year, shall be is repealed. This section does not apply to
1 12 the income tax return checkoff provided in section 56.18.
1 13 Sec. 2. NEW SECTION. 422.12F INCOME TAX CHECKOFF FOR THE
1 14 ARTS.
1 15 1. A person who files an individual or a joint income tax
1 16 return with the department of revenue and finance under
1 17 section 422.13 may designate one dollar or more to be paid to
1 18 the Iowa arts checkoff fund as created in the arts division of
1 19 the department of cultural affairs. If the refund due on the
1 20 return or the payment remitted with the return is insufficient
1 21 to pay the amount designated by the taxpayer to the Iowa arts
1 22 checkoff fund, the amount designated shall be reduced to the
1 23 remaining amount of the refund or the remaining amount
1 24 remitted with the return. The designation of a contribution
1 25 to the Iowa arts checkoff fund is irrevocable.
1 26 2. The director of revenue and finance shall draft the
1 27 income tax form to allow for the designation of contributions
1 28 to the Iowa arts checkoff fund on the tax return. The
1 29 department of revenue and finance, on or before January 31,
1 30 shall transfer the total amount designated on the tax form due
1 31 in the preceding year to the Iowa arts checkoff fund.
1 32 However, before a checkoff pursuant to this section shall be
1 33 permitted, all liabilities on the books of the department of
1 34 revenue and finance and accounts identified as owing under
1 35 section 421.17 and the political contribution allowed under
2 1 section 56.18 shall be satisfied.
2 2 3. The department of cultural affairs shall create the
2 3 Iowa arts checkoff fund in the arts division of the
2 4 department. Moneys in the fund are appropriated to the arts
2 5 division of the department for purposes of supporting arts
2 6 division activities and programming.
2 7 4. The department shall adopt rules to administer this
2 8 section.
2 9 5. This section is subject to repeal under section
2 10 422.12E.
2 11 Sec. 3. RETROACTIVE APPLICABILITY. This Act applies
2 12 retroactively to January 1, 2003, for tax years beginning on
2 13 or after that date and the checkoff shall be eligible for
2 14 placement on the individual income tax return form for the tax
2 15 year beginning January 1, 2003.
2 16 EXPLANATION
2 17 This bill provides that taxpayers filing individual income
2 18 tax returns will be allowed to designate $1 or more on the
2 19 return to be paid to the Iowa arts checkoff fund. The bill
2 20 requires the department of revenue and finance to annually
2 21 remit moneys collected from the checkoff to a fund created in
2 22 the arts division of the department of cultural affairs, which
2 23 moneys are appropriated for arts division activities and
2 24 programming.
2 25 The bill applies retroactively to January 1, 2003, for tax
2 26 years beginning on or after that date.
2 27 LSB 2905HH 80
2 28 sc/pj/5