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Senate File 88

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 453A.1, subsection 26, Code 2001, is
  1  2 amended to read as follows:
  1  3    26.  "Tobacco products" means cigars; little cigars as
  1  4 defined in section 453A.42, subsection 5; cheroots; stogies;
  1  5 periques; granulated; plug cut, crimp cut, ready rubbed, and
  1  6 other smoking tobacco; moist snuff as defined in section
  1  7 453A.42; snuff, snuff flour; cavendish; plug and twist
  1  8 tobacco; fine-cut and other chewing tobaccos; shorts; or
  1  9 refuse scraps, clippings, cuttings and sweepings of tobacco,
  1 10 and other kinds and forms of tobacco, prepared in such manner
  1 11 as to be suitable for chewing or smoking in a pipe or
  1 12 otherwise, or both for chewing and smoking; but does not mean
  1 13 cigarettes.
  1 14    Sec. 2.  Section 453A.42, Code 2001, is amended by adding
  1 15 the following new subsection:
  1 16    NEW SUBSECTION.  6A.  "Moist snuff" means any finely cut,
  1 17 ground, or powdered tobacco intended to be placed in the oral
  1 18 cavity, except dry snuff.
  1 19    Sec. 3.  Section 453A.42, subsection 14, Code 2001, is
  1 20 amended to read as follows:
  1 21    14.  "Tobacco products" means cigars; little cigars as
  1 22 defined herein; cheroots; stogies; periques; granulated, plug
  1 23 cut, crimp cut, ready rubbed, and other smoking tobacco; moist
  1 24 snuff; snuff; snuff flour; cavendish; plug and twist tobacco;
  1 25 fine-cut and other chewing tobaccos; shorts; refuse scraps,
  1 26 clippings, cuttings and sweepings to tobacco, and other kinds
  1 27 and forms of tobacco, prepared in such manner as to be
  1 28 suitable for chewing or smoking in a pipe or otherwise, or
  1 29 both for chewing and smoking; but shall not include cigarettes
  1 30 as defined in section 453A.1, subsection 3.
  1 31    Sec. 4.  Section 453A.43, subsection 1, unnumbered
  1 32 paragraph 1, Code 2001, is amended to read as follows:
  1 33    A tax is imposed upon all tobacco products in this state
  1 34 and upon any person engaged in business as a distributor of
  1 35 tobacco products, at the rate of twenty-two percent of the
  2  1 wholesale sales price of the tobacco products, except little
  2  2 cigars as defined in section 453A.42 and moist snuff.  Little
  2  3 cigars shall be subject to the same rate of tax imposed upon
  2  4 cigarettes in section 453A.6, payable at the time and in the
  2  5 manner provided in section 453A.6; and stamps shall be affixed
  2  6 as provided in division I of this chapter.  Moist snuff shall
  2  7 be subject to tax at the rate of forty-four percent of the
  2  8 wholesale sales price of the moist snuff.  The tax on tobacco
  2  9 products, excluding little cigars, shall be imposed at the
  2 10 time the distributor does any of the following:
  2 11    Sec. 5.  Section 453A.43, subsection 2, unnumbered
  2 12 paragraph 1, Code 2001, is amended to read as follows:
  2 13    A tax is imposed upon the use or storage by consumers of
  2 14 tobacco products in this state, and upon the consumers, at the
  2 15 rate of twenty-two percent of the cost of the tobacco
  2 16 products, except for moist snuff on which the rate of tax is
  2 17 forty-four percent of the cost of the moist snuff.
  2 18    Sec. 6.  Section 453A.43, subsection 2, paragraph b, Code
  2 19 2001, is amended to read as follows:
  2 20    b.  Less than 10 oz. moist snuff, snuff, or snuff powder.
  2 21    Sec. 7.  Section 453A.45, subsection 5, paragraph a, Code
  2 22 2001, is amended to read as follows:
  2 23    a.  The transportation of not more than fifty cigars, not
  2 24 more than ten ounces of moist snuff, snuff, or snuff powder,
  2 25 or not more than one pound of smoking or chewing tobacco or
  2 26 other tobacco products not specifically mentioned herein;.
  2 27    Sec. 8.  INVENTORY TAX.
  2 28    1.  All persons required to be licensed under section
  2 29 453A.44 as distributors having in their possession and held
  2 30 for resale on June 30, 2001, moist snuff upon which the tax
  2 31 under section 453A.43 has been paid shall be subject to an
  2 32 inventory tax on moist snuff as provided in this section.
  2 33    2.  Persons subject to the inventory tax imposed under this
  2 34 section shall take an inventory as of the close of the
  2 35 business day on June 30, 2001, of the amount of moist snuff
  3  1 subject to the inventory tax for the purpose of determining
  3  2 the tax due.  These persons shall report the tax on forms
  3  3 provided by the department of revenue and finance and remit
  3  4 the tax due within thirty days of the prescribed inventory
  3  5 date.  The department of revenue and finance shall adopt rules
  3  6 as are necessary to carry out this section.
  3  7    3.  The rate of the inventory tax on the wholesale price of
  3  8 moist snuff subject to the tax as specified in subsection 1 is
  3  9 equal to the difference between the amount paid on the
  3 10 wholesale price of moist snuff under section 453A.43 prior to
  3 11 July 1, 2001, and the amount that is to be paid on the
  3 12 wholesale price of moist snuff under section 453A.43 on or
  3 13 after July 1, 2001.  
  3 14                           EXPLANATION
  3 15    This bill increases the tax on the wholesale price of moist
  3 16 snuff from 22 percent to 44 percent.  An inventory tax on
  3 17 moist snuff is also imposed at a rate equal to the difference
  3 18 between the rate paid before July 2001 and the rate to be paid
  3 19 on or after July 1, 2001.  
  3 20 LSB 1708SS 79
  3 21 mg/pj/5
     

Text: SF00087                           Text: SF00089
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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