House File 2683 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON
                                           ECONOMIC GROWTH

                                       (SUCCESSOR TO HF 2309)


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

                                      A BILL FOR

  1 An Act relating to certain Iowa individual income tax checkoffs
  2    involving community development and fire fighter preparedness,
  3    making appropriations, and providing for the Act's retroactive
  4    applicability.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5530HV 81
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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:
  1  5    a.  "Community affiliate organization" means a community
  1  6 affiliate organization as defined in section 15E.303.
  1  7    b.  "Qualified community foundation" means an endow Iowa
  1  8 qualified community foundation as defined in section 15E.303.
  1  9    2.  A community foundation fund is created as a separate
  1 10 and distinct fund in the state treasury under the control of
  1 11 the department of economic development.
  1 12    3.  Revenue for the community foundation fund shall include
  1 13 but is not limited to the following:
  1 14    a.  Moneys credited to the fund pursuant to section
  1 15 422.12G.
  1 16    b.  Moneys in the form of a devise, gift, bequest,
  1 17 donation, or federal or other grant intended to be used for
  1 18 the purposes of the fund.
  1 19    4.  Moneys in the community foundation fund are not subject
  1 20 to section 8.33.  Notwithstanding section 12C.7, subsection 2,
  1 21 interest or earnings on moneys in the fund shall be credited
  1 22 to the fund.
  1 23    5.  Moneys in the community foundation fund are
  1 24 appropriated to the department of economic development to be
  1 25 distributed to community affiliate organizations or qualified
  1 26 community foundations.
  1 27    6.  The department of economic development shall distribute
  1 28 moneys from the community foundation fund to community
  1 29 affiliate organizations or qualified community foundations in
  1 30 each county in an amount equal to the total dollar amount of
  1 31 moneys credited to the community foundation fund and
  1 32 designated for the specific community affiliate organizations
  1 33 or qualified community foundations as a result of community
  1 34 foundation fund income tax return checkoffs executed under
  1 35 section 422.12G.
  2  1    7.  The department of economic development shall establish
  2  2 rules relating to the distribution of nondesignated moneys
  2  3 from the community foundation fund.
  2  4    Sec. 2.  Section 100B.13, Code Supplement 2005, is
  2  5 reenacted to read as follows:
  2  6    100B.13  VOLUNTEER FIRE FIGHTER PREPAREDNESS FUND.
  2  7    1.  A volunteer fire fighter preparedness fund is created
  2  8 as a separate and distinct fund in the state treasury under
  2  9 the control of the division of state fire marshal of the
  2 10 department of public safety.
  2 11    2.  Revenue for the volunteer fire fighter preparedness
  2 12 fund shall include but is not limited to the following:
  2 13    a.  Moneys credited to the fund pursuant to section
  2 14 422.12F.
  2 15    b.  Moneys in the form of a devise, gift, bequest,
  2 16 donation, or federal or other grant intended to be used for
  2 17 the purposes of the fund.
  2 18    3.  Moneys in the volunteer fire fighter preparedness fund
  2 19 are not subject to section 8.33.  Notwithstanding section
  2 20 12C.7, subsection 2, interest or earnings on moneys in the
  2 21 fund shall be credited to the fund.
  2 22    4.  Moneys in the volunteer fire fighter preparedness fund
  2 23 are appropriated to the division of state fire marshal of the
  2 24 department of public safety to be used annually to pay the
  2 25 costs of providing volunteer fire fighter training around the
  2 26 state and to pay the costs of providing volunteer fire
  2 27 fighting equipment.
  2 28    Sec. 3.  Section 422.12F, Code 2005, is reenacted to read
  2 29 as follows:
  2 30    422.12F  INCOME TAX CHECKOFF FOR VOLUNTEER FIRE FIGHTER
  2 31 PREPAREDNESS.
  2 32    1.  A person who files an individual or a joint income tax
  2 33 return with the department of revenue under section 422.13 may
  2 34 designate one dollar or more to be paid to the volunteer fire
  2 35 fighter preparedness fund as created in section 100B.13.  If
  3  1 the refund due on the return or the payment remitted with the
  3  2 return is insufficient to pay the additional amount designated
  3  3 by the taxpayer to the volunteer fire fighter preparedness
  3  4 fund, the amount designated shall be reduced to the remaining
  3  5 amount of the refund or the remaining amount remitted with the
  3  6 return.  The designation of a contribution to the volunteer
  3  7 fire fighter preparedness fund under this section is
  3  8 irrevocable.
  3  9    2.  The director of revenue shall draft the income tax form
  3 10 to allow the designation of contributions to the volunteer
  3 11 fire fighter preparedness fund on the tax return.  The
  3 12 department of revenue, on or before January 31, shall certify
  3 13 the total amount designated on the tax return forms due in the
  3 14 preceding calendar year and shall report the amount to the
  3 15 treasurer of state.  The treasurer of state shall credit the
  3 16 amount to the volunteer fire fighter preparedness fund.
  3 17 However, before a checkoff pursuant to this section shall be
  3 18 permitted, all liabilities on the books of the department of
  3 19 revenue and accounts identified as owing under section 421.17
  3 20 and the political contribution allowed under section 68A.601
  3 21 shall be satisfied.
  3 22    3.  The department of revenue shall adopt rules to
  3 23 administer this section.
  3 24    4.  This section is subject to repeal under section
  3 25 422.12E.
  3 26    Sec. 4.  NEW SECTION.  422.12G  INCOME TAX CHECKOFF FOR
  3 27 COMMUNITY FOUNDATION FUND.
  3 28    1.  A person who files an individual or a joint income tax
  3 29 return with the department of revenue under section 422.13 may
  3 30 designate one dollar or more to be credited to the community
  3 31 foundation fund created in section 15E.312 and paid to a
  3 32 specific community affiliate organization or qualified
  3 33 community foundation.  If the refund due on the return or the
  3 34 payment remitted with the return is insufficient to pay the
  3 35 additional amount designated by the taxpayer to the community
  4  1 foundation fund, the amount designated shall be reduced to the
  4  2 remaining amount of the refund or the remaining amount
  4  3 remitted with the return.  The designation of a contribution
  4  4 to the community foundation fund under this section is
  4  5 irrevocable.
  4  6    2.  The director of revenue shall draft the income tax form
  4  7 to allow the designation of contributions to the community
  4  8 foundation fund on the tax return.  The department of revenue,
  4  9 on or before January 31, shall transfer the total amount
  4 10 designated on the tax return forms due in the preceding
  4 11 calendar year to the community foundation fund created in
  4 12 section 15E.312.  However, before a checkoff pursuant to this
  4 13 section shall be permitted, all liabilities on the books of
  4 14 the department of revenue and accounts identified as owing
  4 15 under section 421.17 and the political contribution allowed
  4 16 under section 68A.601 shall be satisfied.
  4 17    3.  The department of revenue shall adopt rules to
  4 18 administer this section.
  4 19    4.  This section is subject to repeal under section
  4 20 422.12E.
  4 21    Sec. 5.  IMPLEMENTATION.  The checkoff created in this Act
  4 22 shall be eligible for placement on the individual income tax
  4 23 return form beginning for the tax year commencing January 1,
  4 24 2006.
  4 25    Sec. 6.  RETROACTIVE APPLICABILITY.  The sections of this
  4 26 Act enacting section 15E.312 and 422.12G and reenacting
  4 27 section 422.12F apply retroactively to the tax year commencing
  4 28 January 1, 2006.
  4 29                           EXPLANATION
  4 30    This bill creates the community foundation fund under the
  4 31 control of the department of economic development.  Moneys in
  4 32 the fund are appropriated to the department of economic
  4 33 development.
  4 34    The bill also creates a community foundation fund income
  4 35 tax checkoff.  Moneys collected from the checkoff are to be
  5  1 credited to the fund and then distributed to community
  5  2 affiliate organizations or qualified community foundations.
  5  3 Moneys in the fund are distributed to community affiliate
  5  4 organizations or qualified community foundations as designated
  5  5 by taxpayers as a result of community foundation fund
  5  6 checkoffs.
  5  7    The bill provides that the limitation on the number of
  5  8 checkoffs allowed on the Iowa individual income tax return
  5  9 does apply to the community foundation fund checkoff.
  5 10    The bill also reenacts the volunteer fire fighter
  5 11 preparedness income tax checkoff which is currently subject to
  5 12 automatic repeal under Code section 422.12E.  The bill
  5 13 provides that taxpayers filing individual income tax returns
  5 14 will be allowed to designate $1 or more on the return to be
  5 15 paid to the volunteer fire fighter preparedness fund.  The
  5 16 bill requires the department of revenue to annually remit
  5 17 moneys collected from the checkoff to the volunteer fire
  5 18 fighter preparedness fund created in the office of the
  5 19 treasurer of state.  Moneys in the fund are appropriated to
  5 20 the division of state fire marshal of the department of public
  5 21 safety to be used annually to pay the costs of providing
  5 22 volunteer fire fighter training in the state and to pay the
  5 23 costs of providing volunteer fire fighter equipment.  The bill
  5 24 provides that the volunteer fire fighter preparedness checkoff
  5 25 is subject to the limitation of the number of checkoffs
  5 26 allowed on the Iowa individual income tax return and, for that
  5 27 reason, is subject to future repeal.
  5 28    The bill provides that the Code sections of the bill
  5 29 enacting the community foundation fund and the community
  5 30 foundation fund checkoff apply retroactively to the tax year
  5 31 commencing January 1, 2006.  The bill also provides that the
  5 32 Code section of the bill reenacting the fire fighter
  5 33 preparedness checkoff applies retroactively to the tax year
  5 34 commencing January 1, 2006.
  5 35 LSB 5530HV 81
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