Senate Study Bill 1300
SENATE FILE
BY (PROPOSED COMMITTEE ON
WAYS AND MEANS BILL
BY CO=CHAIRPERSON ZIEMAN)
Passed Senate, Date Passed House, 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:
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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1 35 are repealed.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.
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