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House File 2560

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 2560
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO AIRCRAFT REGISTRATION FEES AND SALES TAX
  1  5    EXEMPTIONS.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 328.21, unnumbered paragraph 1, Code
  1 10 1997, is amended to read as follows:
  1 11    There An annual registration fee for each aircraft shall be
  1 12 paid to the department at the time of such registration an
  1 13 annual registration fee for each such aircraft, to be computed
  1 14 as follows:
  1 15    Sec. 2.  Section 328.21, subsection 1, Code 1997, is
  1 16 amended to read as follows:
  1 17    1.  Unless otherwise provided in this section, for the
  1 18 first registration, a sum equal to one and one-half percent of
  1 19 the manufacturer's list price of the aircraft, not to exceed
  1 20 five thousand dollars.
  1 21    Sec. 3.  Section 328.21, subsection 2, Code 1997, is
  1 22 amended to read as follows:
  1 23    2.  The second year's registration fee is seventy-five
  1 24 hundredths of one percent of the rate fixed for the first
  1 25 registration manufacturer's list price of the aircraft; the
  1 26 third year's fee is fifty hundredths of one percent; and the
  1 27 fourth and subsequent year's fee is twenty-five hundredths of
  1 28 one percent; however,.  When an aircraft other than a new
  1 29 aircraft is registered in Iowa, the registration fee shall be
  1 30 based upon the number of years the aircraft was previously
  1 31 registered.  However, an aircraft shall not be registered for
  1 32 a fee of less than thirty-five dollars or more than five
  1 33 thousand dollars.
  1 34    Sec. 4.  Section 328.26, Code 1997, is amended to read as
  1 35 follows:
  2  1    328.26  APPLICATION FOR REGISTRATION.
  2  2    Every application for registration pursuant to sections
  2  3 328.19 to 328.22 and 328.20 shall be made upon such forms, and
  2  4 shall contain such information, as the department may
  2  5 prescribe, and every application shall be accompanied by the
  2  6 full amount of the registration fee.
  2  7    When an aircraft is registered to a person for the first
  2  8 time the fee submitted to the department shall include the tax
  2  9 imposed by section 422.43 or section 423.2 or evidence of the
  2 10 exemption of the aircraft from the tax imposed under section
  2 11 422.43 or 423.2.
  2 12    Sec. 5.  Section 422.45, Code Supplement 1997, is amended
  2 13 by adding the following new subsection:
  2 14    NEW SUBSECTION.  38B.  The gross receipts from the sale or
  2 15 rental of tangible personal property permanently affixed or
  2 16 attached as a component part of the aircraft, including but
  2 17 not limited to repair or replacement materials or parts; and
  2 18 the gross receipts of all services used for aircraft repair,
  2 19 remodeling, and maintenance services when such services are
  2 20 performed on aircraft, aircraft engines, or aircraft component
  2 21 materials or parts.  For the purposes of this exemption,
  2 22 "aircraft" means aircraft used in nonscheduled interstate
  2 23 federal aviation administration-certified air carrier
  2 24 operation operating under 14 C.F.R. ch. 1, pt. 135.
  2 25    Sec. 6.  Section 422.45, Code Supplement 1997, is amended
  2 26 by adding the following new subsection:
  2 27    NEW SUBSECTION.  38C.  The gross receipts from the sale of
  2 28 aircraft to an aircraft dealer who in turn rents or leases the
  2 29 aircraft if all of the following apply:
  2 30    a.  The aircraft is kept in the inventory of the dealer for
  2 31 sale at all times.
  2 32    b.  The dealer reserves the right to immediately take the
  2 33 aircraft from the renter or lessee when a buyer is found.
  2 34    c.  The renter or lessee is aware that the dealer will
  2 35 immediately take the aircraft when a buyer is found.
  3  1    If an aircraft exempt under this subsection is used for any
  3  2 purpose other than leasing or renting, or the conditions in
  3  3 paragraphs "a", "b", and "c" are not continuously met, the
  3  4 dealer claiming the exemption under this subsection is liable
  3  5 for the tax that would have been due except for this
  3  6 subsection.  The tax shall be computed upon the original
  3  7 purchase price.
  3  8    Sec. 7.  Section 328.22, Code 1997, is repealed.  
  3  9 
  3 10 
  3 11                                                             
  3 12                               RON J. CORBETT
  3 13                               Speaker of the House
  3 14 
  3 15 
  3 16                                                             
  3 17                               MARY E. KRAMER
  3 18                               President of the Senate
  3 19 
  3 20    I hereby certify that this bill originated in the House and
  3 21 is known as House File 2560, Seventy-seventh General Assembly.
  3 22 
  3 23 
  3 24                                                             
  3 25                               ELIZABETH ISAACSON
  3 26                               Chief Clerk of the House
  3 27 Approved                , 1998
  3 28 
  3 29 
  3 30                         
  3 31 TERRY E. BRANSTAD
  3 32 Governor
     

Text: HF02559                           Text: HF02561
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