Text: S05441                            Text: S05443
Text: S05400 - S05499                   Text: S Index
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Senate Amendment 5442

Amendment Text

PAG LIN
  1  1    Amend House File 2351, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  1997 Iowa Acts, chapter 158, is
  1  6 amended by adding the following new section:
  1  7    NEW SECTION.  SEC. 54.  RETROACTIVE APPLICABILITY.
  1  8 Sections 14, 18, and 19 of this Act, amending sections
  1  9 422.42, 422.45, subsection 39, and 422.47, relating to
  1 10 aquaculture production, apply retroactively to April
  1 11 1, 1987.
  1 12    Sec. 2.  Section 422.42, subsection 14, Code
  1 13 Supplement 1999, is amended to read as follows:
  1 14    14.  "Retail sale" or "sale at retail" means the
  1 15 sale to a consumer or to any person for any purpose,
  1 16 other than for processing, for resale of tangible
  1 17 personal property or taxable services, or for resale
  1 18 of tangible personal property in connection with
  1 19 taxable services; and includes the sale of gas,
  1 20 electricity, water, and communication service to
  1 21 retail consumers or users; but does not include
  1 22 agricultural breeding livestock and domesticated fowl;
  1 23 does not include aquacultural breeding stock; and does
  1 24 not include commercial fertilizer, agricultural
  1 25 limestone, herbicide, pesticide, insecticide,
  1 26 including adjuvants, surfactants, and other products
  1 27 directly related to the application enhancement of
  1 28 those products, and food, medication, or agricultural
  1 29 drain tile, including installation of agricultural
  1 30 drain tile, any of which are to be used in disease
  1 31 control, weed control, insect control, or health
  1 32 promotion of plants or livestock produced as part of
  1 33 agricultural production for market; and does not
  1 34 include electricity, steam, or any taxable service
  1 35 when purchased and used in the processing of tangible
  1 36 personal property intended to be sold ultimately at
  1 37 retail.
  1 38    PARAGRAPH DIVIDED.  When used by a manufacturer of
  1 39 food products, carbon dioxide in a liquid, solid, or
  1 40 gaseous form, electricity, steam, and other taxable
  1 41 services are sold for processing when used to produce
  1 42 marketable food products for human consumption,
  1 43 including but not limited to, treatment of material to
  1 44 change its form, context, or condition, in order to
  1 45 produce the food product, maintenance of quality or
  1 46 integrity of the food product, changing or maintenance
  1 47 of temperature levels necessary to avoid spoilage or
  1 48 to hold the food product in marketable condition,
  1 49 maintenance of environmental conditions necessary for
  1 50 the safe or efficient use of machinery and material
  2  1 used to produce the food product, sanitation and
  2  2 quality control activities, formation of packaging,
  2  3 placement into shipping containers, and movement of
  2  4 the material or food product until shipment from the
  2  5 building of manufacture.
  2  6    PARAGRAPH DIVIDED.  Tangible personal property is
  2  7 sold for processing within the meaning of this
  2  8 subsection only when it is intended that the property
  2  9 will, by means of fabrication, compounding,
  2 10 manufacturing, or germination become an integral part
  2 11 of other tangible personal property intended to be
  2 12 sold ultimately at retail; or will be consumed as fuel
  2 13 in creating heat, power, or steam for processing
  2 14 including grain drying, or for providing heat or
  2 15 cooling for livestock buildings or for greenhouses or
  2 16 buildings or parts of buildings dedicated to the
  2 17 production of flowering, ornamental, or vegetable
  2 18 plants intended for sale in the ordinary course of
  2 19 business, or for use in cultivation of agricultural
  2 20 products by aquaculture, or for generating electric
  2 21 current, or in implements of husbandry engaged in
  2 22 agricultural production; or the property is a
  2 23 chemical, solvent, sorbent, or reagent, which is
  2 24 directly used and is consumed, dissipated, or
  2 25 depleted, in processing personal property which is
  2 26 intended to be sold ultimately at retail or consumed
  2 27 in the maintenance or repair of fabric or clothing,
  2 28 and which may not become a component or integral part
  2 29 of the finished product.
  2 30    PARAGRAPH DIVIDED.  The distribution to the public
  2 31 of free newspapers or shoppers guides is a retail sale
  2 32 for purposes of the processing exemption."
  2 33    #2.  Page 1, line 1, by striking the word and
  2 34 figure "Section 1" and inserting the following:  "Sec.
  2 35    ."
  2 36    #3.  Page 1, by striking lines 21 and 22 and
  2 37 inserting the following:
  2 38    "Sec.    .  REFUNDS.  Refunds of taxes, interests,
  2 39 or penalties which arise from claims resulting from
  2 40 the enactment of the amendment to 1997 Iowa Acts,
  2 41 chapter 158, in this Act, and from the enactment of
  2 42 the amendment to section 422.42, subsection 14, for
  2 43 sales and rentals occurring between April 1, 1987, and
  2 44 June 30, 2000, shall be limited to five thousand
  2 45 dollars in the aggregate and shall not be allowed
  2 46 unless refund claims are filed prior to October 1,
  2 47 2000, notwithstanding any other provision of law.  If
  2 48 the amount of claims totals more than five thousand
  2 49 dollars in the aggregate, the department of revenue
  2 50 and finance shall prorate the five thousand dollars
  3  1 among all claimants in relation to the amounts of the
  3  2 claimants' valid claims.
  3  3    Sec.    .  EFFECTIVE AND APPLICABILITY DATES.
  3  4    1.  Section 1 of this Act applies retroactively to
  3  5 July 1, 1997.
  3  6    2.  Section 2 of this Act applies retroactively to
  3  7 April 1, 1987.
  3  8    3.  This Act, being deemed of immediate importance,
  3  9 takes effect upon enactment."
  3 10    #4.  Title page, by striking line 3 and inserting
  3 11 the following:  "for the sales and rental of property
  3 12 used for or in aquacultural production, and including
  3 13 effective and retroactive applicability dates." 
  3 14 
  3 15 
  3 16                               
  3 17 NEAL SCHUERER
  3 18 ROBERT E. DVORSKY
  3 19 HF 2351.201 78
  3 20 mg/gg
     

Text: S05441                            Text: S05443
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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