House File 629 - Introduced



                                  HOUSE FILE       
                                  BY  BUKTA, SHOMSHOR, FREVERT,
                                      WENDT, REASONER, KUHN, QUIRK,
                                      LENSING, BERRY, MILLER, SMITH,
                                      FORD, SCHUELLER, DAVITT, HOFFMAN,
                                      FOEGE, WISE, HORBACH, MASCHER,
                                      COHOON, J.R. VAN FOSSEN, CHAMBERS,
                                      D. TAYLOR, OLDSON, MURPHY, and
                                      S. OLSON



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

                                      A BILL FOR

  1 An Act creating a military family relief fund and providing an
  2    income tax checkoff for deposit in the fund, making an
  3    appropriation, and providing a retroactive applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2917HH 81
  6 sc/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  29.5  MILITARY FAMILY RELIEF
  1  2 FUND.
  1  3    1.  A military family relief fund is created as a separate
  1  4 and distinct fund in the state treasury under the control of
  1  5 the department of public defense.
  1  6    2.  Revenue for the military family relief fund shall
  1  7 include, but is not limited to, the following:
  1  8    a.  Moneys credited to the fund pursuant to section
  1  9 422.12G.
  1 10    b.  Moneys in the form of a devise, gift, bequest,
  1 11 donation, or federal or other grant intended to be used for
  1 12 the purposes of the fund.
  1 13    3.  Moneys in the military family relief fund are not
  1 14 subject to section 8.33.  Notwithstanding section 12C.7,
  1 15 subsection 2, interest or earnings on moneys in the fund shall
  1 16 be credited to the fund.
  1 17    4.  Moneys in the military family relief fund are
  1 18 appropriated to the department of public defense to be used to
  1 19 make grants to families of persons who are members of the Iowa
  1 20 national guard or Iowa residents who are members of the
  1 21 reserve forces of the armed forces of the United States and
  1 22 who have been called to active duty as a result of the
  1 23 September 11, 2001, terrorist attacks.
  1 24    5.  The department of public defense shall establish
  1 25 eligibility criteria for the grants by rule.
  1 26    Sec. 2.  Section 422.12E, unnumbered paragraph 1, Code
  1 27 2005, is amended to read as follows:
  1 28    For tax years beginning on or after January 1, 2004, there
  1 29 shall be allowed no more than four income tax return checkoffs
  1 30 on each income tax return.  When the same four income tax
  1 31 return checkoffs have been provided on the income tax return
  1 32 for two consecutive years, the two checkoffs for which the
  1 33 least amount has been contributed, in the aggregate for the
  1 34 first tax year and through March 15 of the second tax year,
  1 35 are repealed.  This section does not apply to the income tax
  2  1 return checkoff checkoffs provided in section sections 68A.601
  2  2 and 422.12G.
  2  3    Sec. 3.  NEW SECTION.  422.12G  INCOME TAX CHECKOFF FOR
  2  4 MILITARY FAMILY RELIEF FUND.
  2  5    1.  For the tax year beginning January 1, 2005, a person
  2  6 who files an individual or a joint income tax return with the
  2  7 department of revenue under section 422.13 may designate one
  2  8 dollar or more to be paid to the military family relief fund
  2  9 as created in section 29.5.  If the refund due on the return
  2 10 or the payment remitted with the return is insufficient to pay
  2 11 the additional amount designated by the taxpayer to the
  2 12 military family relief fund, the amount designated shall be
  2 13 reduced to the remaining amount of refund or the remaining
  2 14 amount remitted with the return.  The designation of a
  2 15 contribution to the military family relief fund under this
  2 16 section is irrevocable.
  2 17    2.  The director of revenue shall draft the income tax form
  2 18 to allow the designation of contributions to the military
  2 19 family relief fund on the tax return.  The department of
  2 20 revenue, on or before January 31, shall certify the total
  2 21 amount designated on the tax return forms due in the preceding
  2 22 calendar year and shall report the amount to the treasurer of
  2 23 state.  The treasurer of state shall credit the amount to the
  2 24 military family relief fund.  However, before a checkoff
  2 25 pursuant to this section shall be permitted, all liabilities
  2 26 on the books of the department of revenue and accounts
  2 27 identified as owing under section 421.17 and the political
  2 28 contribution allowed under section 68A.601 shall be satisfied.
  2 29    3.  The department of revenue shall adopt rules to
  2 30 administer this section.
  2 31    4.  The limitation on income tax return checkoffs specified
  2 32 in section 422.12E does not apply to this checkoff.
  2 33    Sec. 4.  RETROACTIVE APPLICABILITY.  Sections 2 and 3 of
  2 34 this Act apply retroactively to January 1, 2005, for tax years
  2 35 beginning on or after that date and the military family relief
  3  1 fund checkoff shall be eligible for placement on the
  3  2 individual income tax return form for tax years beginning on
  3  3 or after January 1, 2005.
  3  4                           EXPLANATION
  3  5    This bill creates the military family relief fund under the
  3  6 control of the department of public defense.  Moneys in the
  3  7 fund are appropriated to the department of public defense.
  3  8 Moneys in the fund are to be used to make grants to families
  3  9 of persons who are members of the Iowa national guard or
  3 10 residents who are members of the army reserves and who have
  3 11 been called to active duty as a result of the September 11,
  3 12 2001, attacks.
  3 13    The bill also creates a military family relief fund income
  3 14 tax checkoff.  Moneys collected from the checkoff are to be
  3 15 credited to the fund.
  3 16    The bill also provides that the limitation on the number of
  3 17 checkoffs allowed on the Iowa individual income tax return
  3 18 does not apply to the military family relief fund checkoff.
  3 19    The provisions of the bill relating to the military family
  3 20 relief fund checkoff apply retroactively to the tax year
  3 21 beginning January 1, 2005.
  3 22 LSB 2917HH 81
  3 23 sc:rj/pj/5