House File 14 



                                       HOUSE FILE       
                                       BY  R. OLSON and TOMENGA


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

                                      A BILL FOR

  1 An Act increasing the taxes imposed on cigarettes and tobacco
  2    products and providing for deposit of the increased revenue
  3    generated in the senior living trust fund, and providing an
  4    applicability date and an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1109HH 82
  7 pf/gg/14

PAG LIN



  1  1    Section 1.  Section 249H.4, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  A senior living trust fund is created in the state
  1  4 treasury under the authority of the department of human
  1  5 services.  Moneys received through intergovernmental
  1  6 agreements for the senior living program and moneys received
  1  7 from sources, including grants, contributions, and participant
  1  8 payments, shall be deposited in the fund.  Additionally,
  1  9 proceeds derived from payment of taxes pursuant to section
  1 10 453A.6, subsection 1, paragraph "a", subparagraph (2), section
  1 11 453A.6, subsection 1, paragraph "b", subparagraph (2), section
  1 12 453A.43, subsection 1, paragraph "b", and section 453A.43,
  1 13 subsection 2, paragraph "b", shall be credited to the fund.
  1 14    Sec. 2.  NEW SECTION.  422.11T  SMOKING CESSATION PRODUCTS
  1 15 TAX CREDIT.
  1 16    1.  The taxes imposed under this division, less the credits
  1 17 allowed under sections 422.12 and 422.12B, shall be reduced by
  1 18 a smoking cessation products tax credit.  To be eligible for
  1 19 the credit, the taxpayer shall purchase smoking cessation
  1 20 products.  For the purposes of this section, "smoking
  1 21 cessation products" means tobacco cessation products approved
  1 22 by the United States food and drug administration.
  1 23    2.  The amount of the smoking cessation products tax credit
  1 24 shall equal the cost of any unreimbursed smoking cessation
  1 25 products, not to exceed four hundred dollars, annually,
  1 26 incurred by the taxpayer and related to smoking cessation.
  1 27    3.  If the tax credit is claimed under this section, the
  1 28 expenses shall not be considered medical care expenses under
  1 29 section 213 of the Internal Revenue Code for the same tax year
  1 30 for state tax purposes.
  1 31    4.  Any credit in excess of the tax liability is
  1 32 nonrefundable but may be credited to the tax liability for the
  1 33 following ten years or until depleted, whichever is the
  1 34 earlier.
  1 35    Sec. 3.  Section 453A.6, subsection 1, Code 2007, is
  2  1 amended to read as follows:
  2  2    1.  There is imposed, and shall be collected and paid to
  2  3 the department, the following taxes on all cigarettes used or
  2  4 otherwise disposed of in this state for any purpose
  2  5 whatsoever:
  2  6    a.  Class A.
  2  7    (1)  On cigarettes weighing not more than three pounds per
  2  8 thousand, eighteen mills one and eight=tenths cents on each
  2  9 such cigarette.
  2 10    (2)  In addition to the tax imposed in subparagraph (1), on
  2 11 cigarettes weighing not more than three pounds per thousand,
  2 12 three and two=tenths cents on each cigarette.
  2 13    b.  Class B.
  2 14    (1)  On cigarettes weighing more than three pounds per
  2 15 thousand, eighteen mills one and eight=tenths cents on each
  2 16 such cigarette.
  2 17    (2)  In addition to the tax imposed in subparagraph (1), on
  2 18 cigarettes weighing more than three pounds per thousand, three
  2 19 and two=tenths cents on each cigarette.
  2 20    Sec. 4.  Section 453A.35, Code 2007, is amended to read as
  2 21 follows:
  2 22    453A.35  TAX AND FEES PAID TO GENERAL FUND.
  2 23    The proceeds derived from the sale of stamps and the
  2 24 payment of taxes, fees and penalties provided for under this
  2 25 chapter, and the permit fees received from all permits issued
  2 26 by the department, with the exception of the proceeds derived
  2 27 from payment of taxes pursuant to section 453A.6, subsection
  2 28 1, paragraph "a", subparagraph (2), section 453A.6, subsection
  2 29 1, paragraph "b", subparagraph (2), section 453A.43,
  2 30 subsection 1, paragraph "b", and section 453A.43, subsection
  2 31 2, paragraph "b", which shall be credited to the senior living
  2 32 trust fund created in section 249H.4, shall be credited to the
  2 33 general fund of the state.  All permit fees provided for in
  2 34 this chapter and collected by cities in the issuance of
  2 35 permits granted by the cities shall be paid to the treasurer
  3  1 of the city where the permit is effective, or to another city
  3  2 officer as designated by the council, and credited to the
  3  3 general fund of the city.  Permit fees so collected by
  3  4 counties shall be paid to the county treasurer.
  3  5    Sec. 5.  Section 453A.40, subsection 1, Code 2007, is
  3  6 amended to read as follows:
  3  7    1.  All of the following persons shall be subject to an
  3  8 inventory tax on the following items as provided in this
  3  9 section:
  3 10    a.  All persons required to be licensed obtain a permit
  3 11 under section 453A.13 as distributors or to be licensed under
  3 12 section 453A.44 as a distributor or subjobber, having in their
  3 13 possession and held for resale on the effective date of an
  3 14 increase in the tax rate cigarettes, or little cigars, or
  3 15 tobacco products upon which the tax under section 453A.6 or
  3 16 453A.43 has been paid, unused cigarette tax stamps which have
  3 17 been paid for under section 453A.8, or unused metered imprints
  3 18 which have been paid for under section 453A.12 shall be
  3 19 subject to an inventory tax on the items as provided in this
  3 20 section.
  3 21    b.  All consumers having for use or storage on the
  3 22 effective date of an increase in the tax rate, tobacco
  3 23 products upon which the tax under section 453A.43 has been
  3 24 paid.
  3 25    c.  All consumers subject to section 453A.46, subsection 6,
  3 26 who have acquired title to or possession of tobacco products
  3 27 for storage in this state, upon which tobacco products the tax
  3 28 imposed by section 453A.43 has not been paid.
  3 29    Sec. 6.  Section 453A.43, subsections 1, 2, and 3, Code
  3 30 2007, are amended to read as follows:
  3 31    1.  a.  A tax is imposed upon all tobacco products in this
  3 32 state and upon any person engaged in business as a distributor
  3 33 of tobacco products, at the rate of twenty=two percent of the
  3 34 wholesale sales price of the tobacco products, except little
  3 35 cigars as defined in section 453A.42.
  4  1    b.  In addition to the tax imposed under paragraph "a", a
  4  2 tax is imposed upon all tobacco products in this state and
  4  3 upon any person engaged in business as a distributor of
  4  4 tobacco products, at the rate of thirty=three percent of the
  4  5 wholesale sales price of the tobacco products, except little
  4  6 cigars as defined in section 453A.42.
  4  7    c.  Little cigars shall be subject to the same rate of tax
  4  8 imposed upon cigarettes in section 453A.6, payable at the time
  4  9 and in the manner provided in section 453A.6; and stamps shall
  4 10 be affixed as provided in division I of this chapter.
  4 11    d.  The tax taxes on tobacco products, excluding little
  4 12 cigars, shall be imposed at the time the distributor does any
  4 13 of the following:
  4 14    a.  (1)  Brings, or causes to be brought, into this state
  4 15 from without the state tobacco products for sale.
  4 16    b.  (2)  Makes, manufactures, or fabricates tobacco
  4 17 products in this state for sale in this state.
  4 18    c.  (3)  Ships or transports tobacco products to retailers
  4 19 in this state, to be sold by those retailers.
  4 20    2.  a.  A tax is imposed upon the use or storage by
  4 21 consumers of tobacco products in this state, and upon the
  4 22 consumers, at the rate of twenty=two percent of the cost of
  4 23 the tobacco products.
  4 24    b.  In addition to the tax imposed in paragraph "a", a tax
  4 25 is imposed upon the use or storage by consumers of tobacco
  4 26 products in this state, and upon the consumers, at a rate of
  4 27 thirty=three percent of the cost of the tobacco products.
  4 28    c.  The tax taxes imposed by this subsection shall not
  4 29 apply if the tax taxes imposed by subsection 1 on the tobacco
  4 30 products has have been paid.
  4 31    d.  This tax The taxes imposed under this subsection shall
  4 32 not apply to the use or storage of tobacco products in
  4 33 quantities of:
  4 34    a.  (1)  Less than 25 cigars.
  4 35    b.  (2)  Less than 10 oz. snuff or snuff powder.
  5  1    c.  (3)  Less than 1 lb. smoking or chewing tobacco or
  5  2 other tobacco products not specifically mentioned herein, in
  5  3 the possession of any one consumer.
  5  4    3.  Any tobacco product with respect to which a tax has
  5  5 once been imposed under this division shall not again be
  5  6 subject to tax under said division, except as provided in
  5  7 section 453A.40.
  5  8    Sec. 7.  EFFECTIVE DATE.  The sections of this Act amending
  5  9 section 249H.4, subsection 1, section 453A.6, subsection 1,
  5 10 section 453A.35, section 453A.40, subsection 1, and section
  5 11 453A.43, subsections 1, 2, and 3, being deemed of immediate
  5 12 importance, take effect on the first day of the month that
  5 13 begins following enactment of this Act.
  5 14    Sec. 8.  APPLICABILITY DATE.  The section of this Act
  5 15 enacting section 422.11T applies for tax years beginning on or
  5 16 after January 1, 2008.
  5 17                           EXPLANATION
  5 18    This bill relates to an increase in the taxes imposed on
  5 19 cigarettes and tobacco products and to the deposit of the
  5 20 increased revenue generated in the senior living trust fund.
  5 21    The bill provides for a tax on cigarettes, in addition to
  5 22 the tax of 18 mills (1.8 cents) imposed on each cigarette, of
  5 23 3.2 cents on each cigarette.  The effect of the bill is to
  5 24 increase the tax on a pack of 20 cigarettes from 36 cents per
  5 25 pack to $1 per pack.
  5 26    The bill also provides for a tax on tobacco products, in
  5 27 addition to the 22 percent of the wholesale sales price for
  5 28 distributors and 22 percent of the cost of tobacco products
  5 29 for the use or storage by consumers of tobacco products, of 33
  5 30 percent of the wholesale sales price and the cost.
  5 31    The bill also provides for payment of the inventory tax by
  5 32 all persons required to obtain a permit as a distributor of
  5 33 cigarettes or to be licensed as a distributor or subjobber of
  5 34 tobacco products who have in their possession and hold for
  5 35 resale on the effective date of an increase in the tax rate,
  6  1 cigarettes, little cigars, or tobacco products upon which the
  6  2 tax has been paid, unused cigarette tax stamps which have been
  6  3 paid for, or unused metered imprints which have been paid for.
  6  4 The inventory tax also applies to consumers who have for use
  6  5 or storage on the effective date of the increase in the tax
  6  6 rate tobacco products upon which the tax has already been
  6  7 paid, and to consumers who have acquired title to or
  6  8 possession of tobacco products for storage in this state upon
  6  9 which the tobacco tax has not been paid.
  6 10    The bill provides that the additional revenue generated
  6 11 (the 3.2 cents per cigarette and the 33 percent on tobacco
  6 12 products) is to be deposited in the senior living trust fund.
  6 13 The bill also provides for a smoking cessation products tax
  6 14 credit not to exceed $400 annually.  The section of the bill
  6 15 relating to the tax increase on cigarettes and tobacco
  6 16 products takes effect on the first day of the month that
  6 17 begins following enactment, and the tax credit applies to tax
  6 18 years beginning on or after January 1, 2008.
  6 19 LSB 1109HH 82
  6 20 pf:nh/gg/14