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Senate File 2318

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2318
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE TAX ON PREMIUMS AND SUBSCRIBER CONTRACT
  1  5    PAYMENTS RECEIVED BY INSURANCE COMPANIES AND HEALTH SERVICE 
  1  6    CORPORATIONS BY PHASING IN A REDUCTION IN THE TAX AND
  1  7    INCREASING THE PREPAYMENT OF THE TAX, PROVIDING FOR A STUDY,
  1  8    AND INCLUDING AN EFFECTIVE DATE.   
  1  9  
  1 10   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11  
  1 12    Section 1.  Section 135.120, Code 2001, is amended to read
  1 13 as follows:
  1 14    135.120  TAXATION OF ORGANIZED DELIVERY SYSTEMS.
  1 15    Payments received by an organized delivery system licensed
  1 16 by the director for health care services, insurance,
  1 17 indemnity, or other benefits to which an enrollee is entitled
  1 18 through an organized delivery system authorized under 1993
  1 19 Iowa Acts, chapter 158, and payments by an organized delivery
  1 20 system licensed by the director to providers for health care
  1 21 services, to insurers, or corporations authorized under
  1 22 chapter 514 for insurance, indemnity, or other service
  1 23 benefits authorized under 1993 Iowa Acts, chapter 158, are not
  1 24 premiums received and taxable under the provisions of section
  1 25 432.1 for the first five years of the existence of the
  1 26 organized delivery system, its successors or assigns, or the
  1 27 first five years after July 1, 1996, whichever is the later.
  1 28 After the first five years, the payments received shall be
  1 29 considered premiums received and shall be taxable under the
  1 30 provisions of section 432.1, subsection 1.  However, payments
  1 31 made by the United States secretary of health and human
  1 32 services under contracts issued under section 1833 or 1876 of
  1 33 the federal Social Security Act, section 4015 of the federal
  1 34 Omnibus Budget Reconciliation Act of 1987, or chapter 249A for
  1 35 enrolled members shall not be considered premiums received and
  2  1 shall not be taxable under section 432.1.
  2  2    Sec. 2.  Section 432.1, subsection 1, paragraph a, Code
  2  3 2001, is amended to read as follows:
  2  4    a.  Two percent The applicable percent, as provided in
  2  5 subsection 1A, of the gross amount of premiums received during
  2  6 the preceding calendar year by every life insurance company or
  2  7 association, not including fraternal beneficiary associations,
  2  8 or the gross payments or deposits collected from holders of
  2  9 fraternal beneficiary association certificates, on contracts
  2 10 of insurance covering risks resident in this state during the
  2 11 preceding year, including contracts for group insurance and
  2 12 annuities and without including or deducting any amounts
  2 13 received or paid for reinsurance.
  2 14    Sec. 3.  Section 432.1, Code 2001, is amended by adding the
  2 15 following new subsection:
  2 16    NEW SUBSECTION.  1A.  The "applicable percent" for purposes
  2 17 of subsection 1 of this section and section 432.2 is the
  2 18 following:
  2 19    a.  For calendar years beginning before the 2003 calendar
  2 20 year, two percent.
  2 21    b.  For the 2003 calendar year, one and three-fourths
  2 22 percent.
  2 23    c.  For the 2004 calendar year, one and one-half percent.
  2 24    d.  For the 2005 calendar year, one and one-fourth percent.
  2 25    e.  For the 2006 and subsequent calendar years, one
  2 26 percent.
  2 27    Sec. 4.  Section 432.1, subsection 2, Code 2001, is amended
  2 28 to read as follows:
  2 29    2.  Two percent The applicable percent, as provided in
  2 30 subsection 2A, of the gross amount of premiums, assessments,
  2 31 and fees received during the preceding calendar year by every
  2 32 company or association other than life on contracts of
  2 33 insurance other than life for business done in this state,
  2 34 including all insurance upon property situated in this state,
  2 35 after deducting the amounts returned upon canceled policies,
  3  1 certificates and rejected applications but not including the
  3  2 gross premiums, assessments and fees in connection with ocean
  3  3 marine insurance authorized in section 515.48.
  3  4    Sec. 5.  Section 432.1, Code 2001, is amended by adding the
  3  5 following new subsection:
  3  6    NEW SUBSECTION.  2A.  The "applicable percent" for purposes
  3  7 of subsection 2 is the following:
  3  8    a.  For calendar years beginning before the 2004 calendar
  3  9 year, two percent.
  3 10    b.  For the 2004 calendar year, one and three-fourths
  3 11 percent.
  3 12    c.  For the 2005 calendar year, one and one-half percent.
  3 13    d.  For the 2006 calendar year, one and one-fourth percent.
  3 14    e.  For the 2007 and subsequent calendar years, one
  3 15 percent.
  3 16    Sec. 6.  Section 432.1, subsection 4, Code 2001, is amended
  3 17 to read as follows:
  3 18    4.  a.  Each insurance company and association transacting
  3 19 business in this state whose Iowa premium tax liability for
  3 20 the preceding calendar year was one thousand dollars or more
  3 21 shall remit on or before June 1, on a prepayment basis, an
  3 22 amount equal to one-half of the premium tax liability for the
  3 23 preceding calendar year.
  3 24    b.  In addition to the prepayment amount in paragraph "a",
  3 25 each life insurance company or association which is subject to
  3 26 tax under subsection 1 of this section and each mutual health
  3 27 service corporation which is subject to tax under section
  3 28 432.2 shall remit on or before June 30, on a prepayment basis,
  3 29 an additional amount equal to the following percent of the
  3 30 premium tax liability for the preceding calendar year as
  3 31 follows:
  3 32    (1)  For prepayment in the 2003 calendar year, four
  3 33 percent.
  3 34    (2)  For prepayment in the 2004 calendar year, twenty-one
  3 35 percent.
  4  1    (3)  For prepayment in the 2005 and subsequent calendar
  4  2 years, fifty percent.
  4  3    c.  In addition to the prepayment amount in paragraph "a",
  4  4 each insurance company or association, other than a life
  4  5 insurance company or association, which is subject to tax
  4  6 under subsection 2 shall remit on or before June 30, on a
  4  7 prepayment basis, an additional amount equal to the following
  4  8 percent of the premium tax liability for the preceding
  4  9 calendar year as follows:
  4 10    (1)  For prepayment in the 2003 and 2004 calendar years,
  4 11 eleven percent.
  4 12    (2)  For prepayment in the 2005 calendar year, twenty-six
  4 13 percent.
  4 14    (3)  For prepayment in the 2006 and subsequent calendar
  4 15 years, fifty percent.
  4 16    d.  The sums prepaid by a company or association under this
  4 17 subsection shall be allowed as credits against its premium tax
  4 18 liability for the calendar year during which the payments are
  4 19 made.  If a prepayment made under this subsection exceeds the
  4 20 annual premium tax liability, the excess shall be allowed as a
  4 21 credit against subsequent prepayment or tax liabilities.  The
  4 22 commissioner may suspend or revoke the license of a company or
  4 23 association that fails to make a prepayment on or before the
  4 24 due date.
  4 25    Sec. 7.  Section 432.2, Code 2001, is amended to read as
  4 26 follows:
  4 27    432.2  MUTUAL SERVICE CORPORATIONS.
  4 28    Notwithstanding section 432.1, a hospital service
  4 29 corporation, medical service corporation, pharmaceutical
  4 30 service corporation, optometric service corporation and any
  4 31 other service corporation operating under chapter 514 shall
  4 32 pay as taxes to the director of revenue and finance an amount
  4 33 equal to two percent the applicable percent, as provided in
  4 34 section 432.1, subsection 1A, of the gross amount of payments
  4 35 received during the preceding calendar year for subscriber
  5  1 contracts covering residents in this state after deducting the
  5  2 amounts returned to subscribers upon canceled subscriber
  5  3 contracts and rejected applications.  Section 432.1,
  5  4 subsections 3 and 4, apply to the tax imposed by this section.
  5  5    Sec. 8.  Section 514B.31, Code 2001, is amended to read as
  5  6 follows:
  5  7    514B.31  TAXATION.
  5  8    Payments received by a health maintenance organization for
  5  9 health care services, insurance, indemnity, or other benefits
  5 10 to which an enrollee is entitled through a health maintenance
  5 11 organization authorized under this chapter and payments by a
  5 12 health maintenance organization to providers for health care
  5 13 services, to insurers, or corporations authorized under
  5 14 chapter 514 for insurance, indemnity, or other service
  5 15 benefits authorized under this chapter are not premiums
  5 16 received and taxable under the provisions of section 432.1 for
  5 17 the first five years of the existence of the health
  5 18 maintenance organization, its successors or assigns.  After
  5 19 the first five years, the payments received shall be
  5 20 considered premiums received and shall be taxable under the
  5 21 provisions of section 432.1, subsection 1.  However, payments
  5 22 made by the United States secretary of health and human
  5 23 services under contracts issued under section 1833 or 1876 of
  5 24 the federal Social Security Act, section 4015 of the federal
  5 25 Omnibus Budget Reconciliation Act of 1987, or chapter 249A for
  5 26 enrolled members shall not be considered premiums received and
  5 27 shall not be taxable under section 432.1.
  5 28    Sec. 9.  GAAP.  The department of revenue and finance and
  5 29 the office of the auditor of state are directed to study the
  5 30 impact this Act may have on the balance of the general fund of
  5 31 the state according to generally accepted accounting
  5 32 principles, especially the impact on the 2005-2006 fiscal
  5 33 year.  The report shall contain the data used and
  5 34 recommendations made.  The report shall be submitted to the
  5 35 legislative council and its fiscal committee by August 15,
  6  1 2002.
  6  2    Sec. 10.  EFFECTIVE DATE.  Section 9 of this Act, being
  6  3 deemed of immediate importance, takes effect upon enactment.  
  6  4 
  6  5 
  6  6                                                             
  6  7                               MARY E. KRAMER
  6  8                               President of the Senate
  6  9 
  6 10 
  6 11                                                             
  6 12                               BRENT SIEGRIST
  6 13                               Speaker of the House
  6 14 
  6 15    I hereby certify that this bill originated in the Senate and
  6 16 is known as Senate File 2318, Seventy-ninth General Assembly.
  6 17 
  6 18 
  6 19                                                             
  6 20                               MICHAEL E. MARSHALL
  6 21                               Secretary of the Senate
  6 22 Approved                , 2002
  6 23 
  6 24 
  6 25                                
  6 26 THOMAS J. VILSACK
  6 27 Governor
     

Text: SF02317                           Text: SF02319
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