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House File 1

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 1     
  1  2                                    
  1  3                             AN ACT
  1  4 RELATING TO THE EXEMPTION FROM THE SALES AND USE TAXES OF THE 
  1  5    GROSS RECEIPTS FROM THE SALE, FURNISHING, OR SERVICE OF 
  1  6    METERED GAS AND OF FUEL USED IN RESIDENTIAL-TYPE DWELLINGS 
  1  7    AND INCLUDING AN EFFECTIVE DATE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 422.45, Code 2001, is amended by adding
  1 12 the following new subsection:
  1 13    NEW SUBSECTION.  60.  a.  The gross receipts from the sale,
  1 14 furnishing, or service of metered gas to provide energy for
  1 15 residential customers and the gross receipts from the sale,
  1 16 furnishing, or service of fuel, including propane and heating
  1 17 oil, used to provide heat for residential dwellings and units
  1 18 of apartment and condominium complexes used for human
  1 19 occupancy.
  1 20    b.  Paragraph "a" applies to the gross receipts from the
  1 21 sale, furnishing, or service of metered gas for energy if the
  1 22 date of the utility billing of the customer is during March
  1 23 2001, or April 2001, or applies to the gross receipts from the
  1 24 sale, furnishing, or service of fuel used for heating purposes
  1 25 if such sale, furnishing, or service occurs during the period
  1 26 beginning with the effective date of this Act and ending on
  1 27 March 31, 2001.
  1 28    Sec. 2.  Section 422.45, Code 2001, is amended by adding
  1 29 the following new subsection:
  1 30    NEW SUBSECTION.  61.  a.  Subject to paragraph "b", the
  1 31 gross receipts from the sale, furnishing, or service of
  1 32 metered gas and electricity to provide energy for residential
  1 33 customers and the gross receipts from the sale, furnishing, or
  1 34 service of fuel, including propane and heating oil, used to
  1 35 provide heat for residential dwellings and units of apartment
  2  1 and condominium complexes used for human occupancy.
  2  2    b.  The exemption in this subsection shall be phased in by
  2  3 means of a reduction in the tax rate as follows:
  2  4    (1)  If the date of the utility billing of the customer for
  2  5 the sale, furnishing, or service of metered gas and
  2  6 electricity is between January 1, 2002, and December 31, 2002,
  2  7 or the sale, furnishing, or service of fuel for heating
  2  8 purposes occurs between January 1, 2002, and December 31,
  2  9 2002, the rate of tax is four percent of the gross receipts.
  2 10    (2)  If the date of the utility billing of the customer for
  2 11 the sale, furnishing, or service of metered gas and
  2 12 electricity is between January 1, 2003, and December 31, 2003,
  2 13 or the sale, furnishing, or service of fuel for heating
  2 14 purposes occurs between January 1, 2003, and December 31,
  2 15 2003, the rate of tax is three percent of the gross receipts.
  2 16    (3)  If the date of the utility billing of the customer for
  2 17 the sale, furnishing, or service of metered gas and
  2 18 electricity is between January 1, 2004, and December 31, 2004,
  2 19 or the sale, furnishing, or service of fuel for heating
  2 20 purposes occurs between January 1, 2004, and December 31,
  2 21 2004, the rate of tax is two percent of the gross receipts.
  2 22    (4)  If the date of the utility billing of the customer for
  2 23 the sale, furnishing, or service of metered gas and
  2 24 electricity is between January 1, 2005, and December 31, 2005,
  2 25 or the sale, furnishing, or service of fuel for heating
  2 26 purposes occurs between January 1, 2005, and December 31,
  2 27 2005, the rate of tax is one percent of the gross receipts.
  2 28    (5)  If the date of the utility billing of the customer for
  2 29 the sale, furnishing, or service of metered gas and
  2 30 electricity is on or after January 1, 2006, or the sale,
  2 31 furnishing, or service of fuel for heating purposes occurs on
  2 32 or after January 1, 2006, the rate of tax is zero percent of
  2 33 the gross receipts.
  2 34    c.  The exemption in this subsection does not apply to
  2 35 local option sales and services tax imposed pursuant to
  3  1 chapters 422B and 422E.
  3  2    Sec. 3.  If a utility that sells, furnishes, or services
  3  3 metered gas to provide energy for residential customers is
  3  4 unable to timely adjust its billing system to provide the
  3  5 sales and use tax exemption provided in section 1 of this Act,
  3  6 the utility is authorized to charge the sales or use tax on
  3  7 utility bills that are dated during March 2001 or until the
  3  8 billing system is adjusted for the sales and use tax exemption
  3  9 provided in section 1 of this Act.  The utility shall grant to
  3 10 each residential customer from which the tax was collected on
  3 11 such gross receipts a credit equal to the amount of tax
  3 12 collected.  The credit shall appear on the first utility
  3 13 billing which is dated after March 31, 2001.  The department
  3 14 of revenue is granted emergency rulemaking authority to
  3 15 implement this section.
  3 16    Sec. 4.  This Act, being deemed of immediate importance,
  3 17 takes effect upon enactment.  
  3 18 
  3 19 
  3 20                                                             
  3 21                               BRENT SIEGRIST
  3 22                               Speaker of the House
  3 23 
  3 24 
  3 25                                                             
  3 26                               MARY E. KRAMER
  3 27                               President of the Senate
  3 28 
  3 29    I hereby certify that this bill originated in the House and
  3 30 is known as House File 1, Seventy-ninth General Assembly.
  3 31 
  3 32 
  3 33                                                             
  3 34                               MARGARET THOMSON
  3 35                               Chief Clerk of the House
  4  1 Approved                , 2001
  4  2 
  4  3 
  4  4                            
  4  5 THOMAS J. VILSACK
  4  6 Governor
     

                                        Text: HF00002
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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