House File 2309 - Introduced



                                       HOUSE FILE       
                                       BY  TJEPKES

                                       (COMPANION TO LSB 5530SS
                                        BY BEALL)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating the community foundation fund, providing an Iowa
  2    individual income tax checkoff for the community foundation
  3    fund, making an appropriation, and providing for the Act's
  4    implementation.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5530YH 81
  7 bp/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  15E.312  COMMUNITY FOUNDATION
  1  2 FUND.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires, "qualified community foundation" means an endow Iowa
  1  5 qualified community foundation as defined in section 15E.303.
  1  6    2.  A community foundation fund is created as a separate
  1  7 and distinct fund in the state treasury under the control of
  1  8 the department of economic development.
  1  9    3.  Revenue for the community foundation fund shall include
  1 10 but is not limited to the following:
  1 11    a.  Moneys credited to the fund pursuant to section
  1 12 422.12G.
  1 13    b.  Moneys in the form of a devise, gift, bequest,
  1 14 donation, or federal or other grant intended to be used for
  1 15 the purposes of the fund.
  1 16    4.  Moneys in the community foundation fund are not subject
  1 17 to section 8.33.  Notwithstanding section 12C.7, subsection 2,
  1 18 interest or earnings on moneys in the fund shall be credited
  1 19 to the fund.
  1 20    5.  Moneys in the community foundation fund are
  1 21 appropriated to the department of economic development to be
  1 22 distributed to qualified community foundations.
  1 23    6.  The department of economic development shall distribute
  1 24 moneys from the community foundation fund to qualified
  1 25 community foundations in each county in an amount equal to the
  1 26 total dollar amount of moneys credited to the community
  1 27 foundation fund and designated for the specific qualified
  1 28 community foundations as a result of community foundation fund
  1 29 income tax return checkoffs executed under section 422.12G.
  1 30    7.  The department of economic development shall establish
  1 31 rules relating to the distribution of nondesignated moneys
  1 32 from the community foundation fund.
  1 33    Sec. 2.  NEW SECTION.  422.12G  INCOME TAX CHECKOFF FOR
  1 34 COMMUNITY FOUNDATION FUND.
  1 35    1.  A person who files an individual or a joint income tax
  2  1 return with the department of revenue under section 422.13 may
  2  2 designate one dollar or more to be credited to the community
  2  3 foundation fund created in section 15E.312 and paid to a
  2  4 specific qualified community foundation.  If the refund due on
  2  5 the return or the payment remitted with the return is
  2  6 insufficient to pay the additional amount designated by the
  2  7 taxpayer to the community foundation fund, the amount
  2  8 designated shall be reduced to the remaining amount of the
  2  9 refund or the remaining amount remitted with the return.  The
  2 10 designation of a contribution to the community foundation fund
  2 11 under this section is irrevocable.
  2 12    2.  The director of revenue shall draft the income tax form
  2 13 to allow the designation of contributions to the community
  2 14 foundation fund on the tax return.  The department of revenue,
  2 15 on or before January 31, shall transfer the total amount
  2 16 designated on the tax return forms due in the preceding
  2 17 calendar year to the community foundation fund created in
  2 18 section 15E.312.  However, before a checkoff pursuant to this
  2 19 section shall be permitted, all liabilities on the books of
  2 20 the department of revenue and accounts identified as owing
  2 21 under section 421.17 and the political contribution allowed
  2 22 under section 68A.601 shall be satisfied.
  2 23    3.  The department of revenue shall adopt rules to
  2 24 administer this section.
  2 25    4.  This section is subject to repeal under section
  2 26 422.12E.
  2 27    Sec. 3.  IMPLEMENTATION.  The checkoff created in this Act
  2 28 shall be eligible for placement on the individual income tax
  2 29 return form beginning for the tax year commencing January 1,
  2 30 2007.
  2 31                           EXPLANATION
  2 32    This bill creates the community foundation fund under the
  2 33 control of the department of economic development.  Moneys in
  2 34 the fund are appropriated to the department of economic
  2 35 development.
  3  1    The bill also creates a community foundation fund income
  3  2 tax checkoff.  Moneys collected from the checkoff are to be
  3  3 credited to the fund and then distributed to qualified
  3  4 community foundations as designated by the taxpayer.
  3  5    The bill provides that the limitation on the number of
  3  6 checkoffs allowed on the Iowa individual income tax return
  3  7 does apply to the community foundation fund checkoff.
  3  8 LSB 5530YH 81
  3  9 bp:rj/sh/8