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Senate File 2128

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 312.2, subsection 18, Code 1995, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 331.557, subsection 3, Code 1995, is
  1  4 amended to read as follows:
  1  5    3.  Collect the use tax on vehicles subject to registration
  1  6 as provided in sections 423.6, and 423.7, and 423.7A.
  1  7    Sec. 3.  Section 423.2, Code 1995, is amended to read as
  1  8 follows:
  1  9    423.2  IMPOSITION OF TAX.
  1 10    An excise tax is imposed on the use in this state of
  1 11 tangible personal property purchased for use in this state, at
  1 12 the rate of five percent of the purchase price of the
  1 13 property.  An excise tax is imposed on the use of leased
  1 14 vehicles at the rate of five percent of the amount otherwise
  1 15 subject to tax as calculated pursuant to section 423.7A.  The
  1 16 excise tax is imposed upon every person using the property
  1 17 within this state until the tax has been paid directly to the
  1 18 county treasurer or the state department of transportation, to
  1 19 a retailer, or to the department.  An excise tax is imposed on
  1 20 the use in this state of services enumerated in section 422.43
  1 21 at the rate of five percent.  This tax is applicable where
  1 22 services are rendered, furnished, or performed in this state
  1 23 or where the product or result of the service is used in this
  1 24 state.  This tax is imposed on every person using the services
  1 25 or the product of the services in this state until the user
  1 26 has paid the tax either to an Iowa use tax permit holder or to
  1 27 the department.
  1 28    Sec. 4.  Section 423.4, Code 1995, is amended by adding the
  1 29 following new subsection:
  1 30    NEW SUBSECTION.  16.  Vehicles subject to registration
  1 31 under chapter 321, with a gross vehicle weight rating of less
  1 32 than sixteen thousand pounds, excluding motorcycles and
  1 33 motorized bicycles, when purchased for lease and titled by the
  1 34 lessor licensed pursuant to chapter 321F and actually leased
  1 35 for a period of twelve months or more if the lease of the
  2  1 vehicle is subject to taxation under section 423.7A.
  2  2    Sec. 5.  Section 423.6, subsection 1, Code 1995, is amended
  2  3 to read as follows:
  2  4    1.  The tax upon the use of all vehicles subject to
  2  5 registration or subject only to the issuance of a certificate
  2  6 of title shall be collected by the county treasurer or the
  2  7 state department of transportation pursuant to section
  2  8 sections 423.7 and 423.7A.  The county treasurer shall retain
  2  9 one dollar from each tax payment collected, to be credited to
  2 10 the county general fund.
  2 11    Sec. 6.  NEW SECTION.  423.7A  MOTOR VEHICLE LEASE TAX.
  2 12    1.  The tax imposed upon the use of leased vehicles subject
  2 13 to registration under chapter 321, with gross vehicle weight
  2 14 ratings of less than sixteen thousand pounds, excluding
  2 15 motorcycles and motorized bicycles, which are leased by a
  2 16 lessor licensed pursuant to chapter 321F for a period of
  2 17 twelve months or more shall be paid by the owner of the
  2 18 vehicle to the county treasurer or state department of
  2 19 transportation from whom the registration receipt or
  2 20 certificate of title is obtained.  A registration receipt for
  2 21 a vehicle subject to registration or issuance of a certificate
  2 22 of title shall not be issued until the tax is paid in the
  2 23 initial instance.
  2 24    2.  The amount subject to tax shall be computed on each
  2 25 separate lease transaction by multiplying the number of months
  2 26 of the lease by the monthly lease payments, plus the
  2 27 downpayment, less any manufacturer's rebate.  The county
  2 28 treasurer or the state department of transportation shall
  2 29 require every applicant for a registration receipt for a
  2 30 vehicle subject to tax under this section to supply informa-
  2 31 tion as the county treasurer or director deems necessary as to
  2 32 the date of the lease transaction, the lease price, and other
  2 33 information relative to the lease of the vehicle.
  2 34    3.  On or before the tenth day of each month the county
  2 35 treasurer or the state department of transportation shall
  3  1 remit to the department the amount of the taxes collected
  3  2 during the preceding month.
  3  3    4.  If the lease is terminated prior to the termination
  3  4 date contained in the lease agreement, no refund shall be
  3  5 allowed for tax previously paid on the monthly rental
  3  6 payments.
  3  7    Sec. 7.  Section 423.24, subsection 1, unnumbered paragraph
  3  8 1, Code Supplement 1995, is amended to read as follows:
  3  9    Eighty percent of all revenues derived from the use tax on
  3 10 motor vehicles, trailers, and motor vehicle accessories and
  3 11 equipment as collected pursuant to section 423.7 and section
  3 12 423.7A shall be deposited and credited as follows:
  3 13    Sec. 8.  Section 602.8108, subsection 2, Code 1995, is
  3 14 amended to read as follows:
  3 15    2.  Except as otherwise provided, the clerk of the district
  3 16 court shall report and submit to the state court
  3 17 administrator, not later than the fifteenth day of each month,
  3 18 the fines and fees received during the preceding calendar
  3 19 month.  Except as provided in subsection subsections 4 and 5,
  3 20 the state court administrator shall deposit the amounts
  3 21 received with the treasurer of state for deposit in the
  3 22 general fund of the state.  The state court administrator
  3 23 shall report to the legislative fiscal bureau within thirty
  3 24 days of the beginning of each fiscal quarter the amount
  3 25 received during the previous quarter in the account
  3 26 established under this section.
  3 27    Sec. 9.  Section 602.8108, Code 1995, is amended by adding
  3 28 the following new subsection:
  3 29    NEW SUBSECTION.  5.  The state court administrator shall
  3 30 allocate all of the fines and fees attributable to commercial
  3 31 vehicle violation citations issued by motor vehicle division
  3 32 personnel of the state department of transportation to the
  3 33 treasurer of state for deposit in the road use tax fund.
  3 34    Sec. 10.  ROAD USE TAX FUND ALLOCATION – SALES TAX
  3 35 REVENUES.  Notwithstanding section 422.43, subsection 8,
  4  1 beginning July 1, 1996, and ending June 30, 2001, the
  4  2 treasurer of state shall credit annually to the road use tax
  4  3 fund created under section 312.1, the first seven million
  4  4 dollars received from sales tax imposed under section 422.43.
  4  5 This seven million dollar allocation to the road use tax fund
  4  6 is based upon the estimated revenue received from sales tax
  4  7 imposed on motor vehicle parts, accessories, and equipment and
  4  8 motor vehicle service, maintenance, and repair.
  4  9    Sec. 11.  APPROPRIATION – RECREATIONAL TRAILS.  There is
  4 10 appropriated from the general fund of the state, to the state
  4 11 department of transportation, for the fiscal year beginning
  4 12 July 1, 1996, and ending June 30, 1997, two million dollars,
  4 13 to be used for acquiring, constructing, and improving
  4 14 recreational trails in accordance with chapter 465B.  A
  4 15 minimum of fifty percent of the appropriation shall be used
  4 16 for acquisition and construction of new recreational trails
  4 17 and the remainder shall be used for maintenance of existing
  4 18 recreational trails.
  4 19    Sec. 12.  REPEAL.  Section 312.2A, Code 1995, is repealed.
  4 20    Sec. 13.  APPLICABILITY.  The section of this Act which
  4 21 enacts section 423.7A applies to leases entered into on or
  4 22 after July 1, 1996.  
  4 23 SF 2128
  4 24 js/cc/26
     

Text: SF02127                           Text: SF02129
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