Senate
File
2310
-
Introduced
SENATE
FILE
2310
BY
ANDERSON
A
BILL
FOR
An
Act
providing
for
donations
to
the
road
use
tax
fund
and
1
other
related
funds
and
creating
an
exemption
from
the
2
computation
of
the
state
individual
income
tax
of
donations
3
to
such
funds,
and
including
retroactive
applicability
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5896XS
(2)
84
mm/sc
S.F.
2310
Section
1.
Section
312.1,
subsection
1,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
f.
Donations
received
pursuant
to
section
3
312.2A.
4
Sec.
2.
NEW
SECTION
.
312.2A
Donations
to
fund.
5
1.
The
treasurer
of
state
shall
accept
donations
to
the
6
road
use
tax
fund
created
in
section
312.1.
Donations
may
be
7
made
as
a
general
donation
to
the
road
use
tax
fund
or
may
be
8
specifically
directed
by
the
donor
at
the
time
of
donation
to
9
one
or
more
of
the
following
funds:
10
a.
The
primary
road
fund.
11
b.
The
secondary
road
fund
of
the
counties.
12
c.
The
farm-to-market
road
fund.
13
d.
The
street
construction
fund
of
the
cities.
14
e.
The
highway
grade
crossing
safety
fund.
15
f.
The
highway
railroad
grade
crossing
surface
repair
fund.
16
g.
The
living
roadway
trust
fund.
17
h.
The
revitalize
Iowa’s
sound
economy
fund.
18
i.
The
county
bridge
construction
fund.
19
j.
The
city
bridge
construction
fund.
20
k.
(1)
The
TIME-21
fund.
21
(2)
This
paragraph
is
repealed
June
30,
2028.
22
2.
a.
Notwithstanding
section
312.2,
or
any
other
23
provision
of
this
chapter
to
the
contrary,
donations
directed
24
by
a
donor
to
a
specific
fund
shall
be
credited
to
that
fund.
25
b.
Donations
directed
by
a
donor
to
the
secondary
road
fund
26
of
the
counties,
the
farm-to-market
road
fund,
or
the
county
27
bridge
construction
fund
shall
be
apportioned
to
the
county
of
28
choice
of
the
donor.
If
the
donor
does
not
specify
a
county
of
29
choice,
the
donation
shall
be
apportioned
among
the
counties
as
30
otherwise
provided
in
statute
for
apportionment
of
that
fund.
31
c.
Donations
directed
to
the
street
construction
fund
32
of
the
cities
or
the
city
bridge
construction
fund
shall
be
33
apportioned
to
the
city
of
choice
of
the
donor.
If
the
donor
34
does
not
specify
a
city
of
choice,
the
donation
shall
be
35
-1-
LSB
5896XS
(2)
84
mm/sc
1/
3
S.F.
2310
apportioned
among
the
cities
as
otherwise
provided
in
statute
1
for
apportionment
of
that
fund.
2
d.
Notwithstanding
any
other
provision
of
the
Code
to
the
3
contrary,
unobligated
funds
credited
and
apportioned
under
this
4
subsection
remaining
on
June
30
of
the
fiscal
year
shall
not
5
revert
but
shall
remain
available
for
expenditure
in
subsequent
6
fiscal
years.
7
3.
Donations
not
specifically
directed
by
a
donor
to
a
8
particular
fund
shall
be
considered
a
general
donation
to
the
9
road
use
tax
fund
and
shall
be
credited
and
apportioned
as
10
otherwise
provided
in
this
chapter.
11
Sec.
3.
Section
312.4,
Code
Supplement
2011,
is
amended
by
12
adding
the
following
new
subsection:
13
NEW
SUBSECTION
.
6.
The
amount
which
the
treasurer
has
14
received
as
donations
and
credited
and
apportioned
pursuant
to
15
section
312.2A.
16
Sec.
4.
Section
422.7,
Code
Supplement
2011,
is
amended
by
17
adding
the
following
new
subsection:
18
NEW
SUBSECTION
.
57.
Subtract
an
amount
equal
to
fifty
19
percent
of
the
amounts
paid
by
the
taxpayer
as
a
donation
to
20
the
road
use
tax
fund
or
related
fund
pursuant
to
section
21
312.2A.
22
Sec.
5.
RETROACTIVE
APPLICABILITY.
The
following
provision
23
or
provisions
of
this
Act
apply
retroactively
to
January
1,
24
2012,
for
tax
years
beginning
on
or
after
that
date:
25
1.
The
section
of
this
Act
amending
section
422.7.
26
EXPLANATION
27
This
bill
amends
provisions
relating
to
the
road
use
tax
28
fund
to
require
the
treasurer
of
state
to
accept
donations
to
29
the
fund.
A
donor
may
make
a
general
donation
to
the
road
30
use
tax
fund,
which
shall
be
allocated
and
apportioned
to
31
various
related
funds
and
parties
according
to
current
law.
In
32
the
alternative,
a
donor
may
specify
that
donated
amounts
be
33
directed
to
one
or
more
of
the
11
funds
related
to
the
road
use
34
tax
fund,
as
listed
in
the
bill.
35
-2-
LSB
5896XS
(2)
84
mm/sc
2/
3
S.F.
2310
A
donor
who
specifically
directs
a
donation
to
the
secondary
1
road
fund,
the
farm-to-market
road
fund,
or
the
county
bridge
2
construction
fund
may
choose
the
county
to
which
the
donation
3
will
be
apportioned.
A
donor
who
specifically
directs
a
4
donation
to
the
street
construction
fund
of
the
cities
or
the
5
city
bridge
construction
fund
may
choose
the
city
to
which
the
6
donation
will
be
apportioned.
7
All
funds
that
are
specifically
directed
and
apportioned
by
8
a
donor
shall
not
revert
to
the
road
use
tax
fund
at
the
end
9
of
a
fiscal
year,
but
shall
remain
in
that
specified
fund
and
10
shall
be
available
for
expenditure
in
subsequent
years.
11
The
bill
requires
the
treasurer
of
state
to
monthly
certify
12
to
the
department
of
transportation
all
donations
received,
13
credited,
and
apportioned
under
the
bill.
14
The
bill
creates
an
individual
income
tax
exemption
equal
15
to
50
percent
of
the
amount
donated
by
an
individual
to
the
16
road
use
tax
fund
or
a
related
fund.
The
individual
income
tax
17
exemption
applies
retroactively
to
January
1,
2012,
for
tax
18
years
beginning
on
or
after
that
date.
19
-3-
LSB
5896XS
(2)
84
mm/sc
3/
3