Text: HSB00726 Text: HSB00728 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 422.9, subsection 1, Code Supplement 1 2 2003, is amended to read as follows: 1 3 1. An optional standard deduction, after deduction of 1 4 federal income tax, equal to one thousand two hundred thirty 1 5 dollars for a married person who files separately or a single 1 6 person or equal to three thousand thirty dollars for a husband 1 7 and wife who file a joint return, a surviving spouse, or an 1 8 unmarried head of household. The optional standard deduction 1 9 shall not exceed the amount remaining after deduction of the 1 10 federal income tax. The amount of federal income tax deducted 1 11 shall be computed as provided in subsection 2, paragraph "b". 1 12 Sec. 2. Section 422.9, subsection 2, paragraph b, Code 1 13 Supplement 2003, is amended to read as follows: 1 14 b. Add the amount of federal income taxes paid or accrued 1 15 as the case may be, during the tax year,adjusted byand 1 16 subtract any federal income tax refunds received during the 1 17 tax year.Provided, however, that whereWhere married 1 18 persons, who have filed a joint federal income tax return, 1 19 file separately, such total shall be divided between them 1 20 according to the portionthereofof the total paid or accrued, 1 21 as the case may be, by each. Federal income taxes paid for a 1 22 tax year in which an Iowa return was not required to be filed 1 23 shall not be added, and federal income tax refunds received 1 24 from a tax year in which an Iowa return was not required to be 1 25 filed shall not be subtracted. 1 26 Sec. 3. Section 422.35, Code Supplement 2003, is amended 1 27 by adding the following new subsection: 1 28 NEW SUBSECTION. 20. Subtract the amount of foreign 1 29 dividend income, including Subpart F income as defined in 1 30 section 952 of the Internal Revenue Code, based upon the 1 31 percentage of ownership as set forth in section 243 of the 1 32 Internal Revenue Code. 1 33 Sec. 4. Section 422A.1, unnumbered paragraph 3, Code 1 34 Supplement 2003, is amended to read as follows: 1 35 A local hotel and motel tax shall be imposed on January 1,2 1April 1,or July 1,or October 1,following the notification 2 2 of the director of revenue. Once imposed, the tax shall 2 3 remain in effect at the rate imposed for a minimum of one 2 4 year. A local hotel and motel tax shall terminate only on 2 5March 31,June 30, September 30,or December 31. At least 2 6 forty-five days prior to the tax being effective or prior to a 2 7 revision in the tax rate, or prior to the repeal of the tax, a 2 8 city or county shall provide notice by mail of such action to 2 9 the director of revenue. 2 10 Sec. 5. Section 422E.3A, subsection 3, paragraph a, Code 2 11 Supplement 2003, is amended to read as follows: 2 12 a. The director of revenue byJune 1August 15 preceding 2 13 each fiscal year shall compute the guaranteed school 2 14 infrastructure amount for each school district, each school 2 15 district's sales tax capacity per student for each county, and 2 16 the supplemental school infrastructure amount for the coming 2 17 fiscal year. 2 18 Sec. 6. Section 423.1, subsection 50, as enacted by 2003 2 19 Iowa Acts, First Extraordinary Session, chapter 2, section 94, 2 20 is amended to read as follows: 2 21 50. "Services" means all acts or services rendered, 2 22 furnished, or performed, other than services used in 2 23 processing of tangible personal property for use in retail 2 24 sales or services, for an employer, as defined in section2 25422.4, subsection 3who pays the wages of an employee, for a 2 26 valuable consideration by any person engaged in any business 2 27 or occupation specifically enumerated in section 423.2. The 2 28 tax shall be due and collectible when the service is rendered, 2 29 furnished, or performed for the ultimate user of the service. 2 30 Sec. 7. Section 425.1, subsection 4, Code Supplement 2003, 2 31 is amended to read as follows: 2 32 4. Annually the department of revenue shallestimate the2 33credit not to exceed the actual levy on the first four2 34thousand eight hundred fifty dollars of actual value of each2 35eligible homestead, and shallcertify to the county auditor of 3 1 each county the credit and its amount in dollars. Each county 3 2 auditor shall then enter the credit against the tax levied on 3 3 each eligible homestead in each county payable during the 3 4 ensuing year, designating on the tax lists the credit as being 3 5 from the homestead credit fund, and credit shall then be given 3 6 to the several taxing districts in which eligible homesteads 3 7 are located in an amount equal to the credits allowed on the 3 8 taxes of the homesteads. The amount of credits shall be 3 9 apportioned by each county treasurer to the several taxing 3 10 districts as provided by law, in the same manner as though the 3 11 amount of the credit had been paid by the owners of the 3 12 homesteads. However, the several taxing districts shall not 3 13 draw the funds so credited until after the semiannual 3 14 allocations have been received by the county treasurer, as 3 15 provided in this chapter. Each county treasurer shall show on 3 16 each tax receipt the amount of credit received from the 3 17 homestead credit fund. 3 18 Sec. 8. Section 432.1, subsection 6, paragraph b, 3 19 unnumbered paragraph 1, Code Supplement 2003, is amended to 3 20 read as follows: 3 21 In addition to the prepayment amount in paragraph "a", each 3 22 life insurance company or association which is subject to tax 3 23 under subsection 1 of this section and each mutual health 3 24 service corporation which is subject to tax under section 3 25 432.2 shall remit on or beforeJune 30August 15, on a 3 26 prepayment basis, an additional amount equal to the following 3 27 percent of the premium tax liability for the preceding 3 28 calendar year as follows: 3 29 Sec. 9. Section 432.1, subsection 6, paragraph c, 3 30 unnumbered paragraph 1, Code Supplement 2003, is amended to 3 31 read as follows: 3 32 In addition to the prepayment amount in paragraph "a", each 3 33 insurance company or association, other than a life insurance 3 34 company or association, which is subject to tax under 3 35 subsection 3 shall remit on or beforeJune 30August 15, on a 4 1 prepayment basis, an additional amount equal to the following 4 2 percent of the premium tax liability for the preceding 4 3 calendar year as follows: 4 4 Sec. 10. Section 441.6, unnumbered paragraph 2, Code 4 5 Supplement 2003, is amended to read as follows: 4 6 Upon receipt of the report of the examining board, the 4 7 chairperson of the conference board shall by written notice 4 8 call a meeting of the conference board to appoint an assessor. 4 9 The meeting shall be held not later than seven days after the 4 10 receipt of the report of the examining board by the conference 4 11 board.The physical condition, general reputation of the4 12applicants, and their fitness for the position as determined4 13by the examining board shall be taken into consideration in4 14making the appointment.At the meeting, the conference board 4 15 shall appoint an assessor from the register of eligible 4 16 candidates. However, if a special examination has not been 4 17 conducted previously for the same vacancy, the conference 4 18 board may request the director of revenue to hold a special 4 19 examination pursuant to section 441.7. The chairperson of the 4 20 conference board shall give written notice to the director of 4 21 revenue of the appointment and its effective date within ten 4 22 days of the decision of the board. 4 23 Sec. 11. Section 441.8, unnumbered paragraph 1, Code 4 24 Supplement 2003, is amended to read as follows: 4 25 The term of office of an assessor appointed under this 4 26 chapter shall be for six years. Appointments for each 4 27 succeeding term shall be made in the same manner as the 4 28 original appointment except that not less than ninety days 4 29 before the expiration of the term of the assessor the 4 30 conference board shall hold a meeting to determine whether or 4 31 not it desires to reappoint the incumbent assessor to a new 4 32 term. If the decision is made not to reappoint the assessor, 4 33 the assessor shall be notified, in writing, of such decision 4 34 not less than ninety days prior to the expiration of the 4 35 assessor's term of office. Failure of the conference board to 5 1 provide timely notification of the decision not to reappoint 5 2 the assessor shall result in the assessor being reappointed. 5 3 Sec. 12. Section 441.8, unnumbered paragraphs 6 and 7, 5 4 Code Supplement 2003, are amended to read as follows: 5 5 Upon receiving credit equal to one hundred fifty hours of 5 6 classroom instruction during the assessor's current term of 5 7 office of which at least ninety of the one hundred fifty hours 5 8 are from courses requiring an examination upon conclusion of 5 9 the course, the director of revenue shall certify to the 5 10 assessor's conference board that the assessor is eligible to 5 11 be reappointed to the position. For persons appointed to 5 12 complete an unexpired term, the number of credits required to 5 13 be certified as eligible for reappointment shall be prorated 5 14 according to the amount of time remaining in the present term 5 15 of the assessor. If the person was an assessor in another 5 16 jurisdiction, the assessor may carry forward any credit hours 5 17 received in the previous position in excess of the number that 5 18 would be necessary to be considered current in that position. 5 19 Upon written request by the person seeking a waiver of the 5 20 continuing education requirements, the director may waive the 5 21 continuing education requirements if the director determines 5 22 good cause exists for the waiver. 5 23 Within each six-year period following the appointment of a 5 24 deputy assessor, the deputy assessor shall comply with this 5 25 section except that upon the successful completion of ninety 5 26 hours of classroom instruction of which at least sixty of the 5 27 ninety hours are from courses requiring an examination upon 5 28 conclusion of the course, the deputy assessor shall be 5 29 certified by the director of revenue as being eligible to 5 30 remain in the position. If a deputy assessor fails to comply 5 31 with this section, the deputy assessor shall be removed from 5 32 the position until successful completion of the required hours 5 33 of credit. If a deputy is appointed to the office of 5 34 assessor, the hours of credit obtained as deputy pursuant to 5 35 this section shall be credited to that individual as assessor 6 1 and for the individual to be reappointed at the expiration of 6 2 the term as assessor, that individual must obtain the credits 6 3 which are necessary to total the number of hours for 6 4 reappointment. Upon written request by the person seeking a 6 5 waiver of the continuing education requirements, the director 6 6 may waive the continuing education requirements if the 6 7 director determines good cause exists for the waiver. 6 8 Sec. 13. Section 441.38, subsection 2, Code 2003, is 6 9 amended to read as follows: 6 10 2. Notice of appeal shall be served as an original notice 6 11 on the chairperson, presiding officer, or clerk of the board 6 12 of reviewafter the filing of notice under subsection 1 with6 13the clerk of district courtwithin twenty days after its 6 14 adjournment or May 31, whichever is later. 6 15 Sec. 14. Section 452A.2, subsection 19, unnumbered 6 16 paragraph 2, Code Supplement 2003, is amended to read as 6 17 follows: 6 18 "Motor fuel" does not include special fuel, and does not 6 19 include liquefied gases which would not exist as liquids at a 6 20 temperature of sixty degrees Fahrenheit and a pressure of 6 21 fourteen and seven-tenths pounds per square inch absolute, or 6 22 naphthas and solvents unless the liquefied gases or naphthas 6 23 and solvents are used as a component in the manufacture, 6 24 compounding, or blending of a liquid within paragraph "b", in 6 25 which event the resulting product shall be deemed to be motor 6 26 fuel. "Motor fuel" does not include methanol unless blended 6 27 with other motor fuels for use in an aircraft or for 6 28 propelling motor vehicles. 6 29 Sec. 15. Section 452A.2, subsection 25, Code Supplement 6 30 2003, is amended to read as follows: 6 31 25. "Special fuel" means fuel oils and all combustible 6 32 gases and liquids suitable for the generation of power for 6 33 propulsion of motor vehicles or turbine-powered aircraft, and 6 34 includes any substance used for that purpose, except that it 6 35 does not include motor fuel. Kerosene shall not be considered 7 1 to be a special fuel, unless blended with other special fuels 7 2 for use in a motor vehicle with a diesel engine. Methanol 7 3 shall not be considered to be a special fuel, unless blended 7 4 with other special fuels for use in a motor vehicle with a 7 5 diesel engine. 7 6 Sec. 16. Section 452A.10, unnumbered paragraphs 1, 2, and 7 7 4, Code 2003, are amended to read as follows: 7 8 A motor fuel or special fuel supplier, restrictive 7 9 supplier, importer, exporter, blender, dealer, user, common 7 10 carrier, contract carrier,orterminal, or nonterminal storage 7 11 facility shall maintain, for a period of three years, records 7 12 of all transactions by which the supplier, restrictive 7 13 supplier, or importer withdraws from a terminal or nonterminal 7 14 storage facility within this state or imports into this state 7 15 motor fuel or undyed special fuel together with invoices, 7 16 bills of lading, and other pertinent records and papers as 7 17 required by the department. 7 18 If in the normal conduct of a supplier's, restrictive 7 19 supplier's, importer's, exporter's, blender's, dealer's, 7 20 user's, common carrier's, contract carrier's,orterminal's, 7 21 or nonterminal storage facility's business the records are 7 22 maintained and kept at an office outside this state, the 7 23 records shall be made available for audit and examination by 7 24 the department at the office outside this state, but the audit 7 25 and examination shall be without expense to this state. 7 26 The department, after an audit and examination of records 7 27 required to be maintained under this section, may authorize 7 28 their disposal upon the written request of the supplier, 7 29 restrictive supplier, importer, exporter, blender, dealer, 7 30 user, carrier, terminal, nonterminal storage facility, or 7 31 distributor. 7 32 Sec. 17. Section 452A.62, subsection 1, paragraph a, Code 7 33 Supplement 2003, is amended to read as follows: 7 34 a. A distributor, supplier, restrictive supplier, 7 35 importer, exporter, blender, terminal operator, nonterminal 8 1 storage facility, common carrier, or contract carrier, 8 2 pertaining to motor fuel or undyed special fuel withdrawn from 8 3 a terminal or nonterminal storage facility, or brought into 8 4 this state. 8 5 Sec. 18. Section 452A.62, subsection 2, unnumbered 8 6 paragraph 1, Code Supplement 2003, is amended to read as 8 7 follows: 8 8 To examine the records, books, papers, receipts, and 8 9 invoices of any distributor, supplier, restrictive supplier, 8 10 importer, blender, exporter, terminal operator, nonterminal 8 11 storage facility, licensed compressed natural gas or liquefied 8 12 petroleum gas dealer or user, or any other person who 8 13 possesses fuel upon which the tax has not been paid to 8 14 determine financial responsibility for the payment of the 8 15 taxes imposed by this chapter. 8 16 Sec. 19. Section 452A.85, Code Supplement 2003, is amended 8 17 by adding the following new subsection: 8 18 NEW SUBSECTION. 4. This section does not apply to an 8 19 increase in the tax rate of a specified fuel, except for 8 20 compressed natural gas, unless the increase in the tax rate of 8 21 that fuel is in excess of one-half cent per gallon. 8 22 Sec. 20. Section 453A.1, Code Supplement 2003, is amended 8 23 by adding the following new subsection: 8 24 NEW SUBSECTION. 5A. "Counterfeit cigarettes" means 8 25 cigarettes, packages of cigarettes, cartons of cigarettes, or 8 26 other containers of cigarettes with a label, trademark, 8 27 service mark, trade name, device, design, or word adopted or 8 28 used by a cigarette manufacturer to identify its product that 8 29 is false or used without authority of the cigarette 8 30 manufacturer. 8 31 Sec. 21. Section 453A.13, subsection 5, Code 2003, is 8 32 amended to read as follows: 8 33 5. APPLICATION – BOND.Said permitsPermits shall be 8 34 issued only upon applications accompanied by the fee indicated 8 35 above, and by an adequate bond as provided in section 453A.14, 9 1 and upon forms furnished by the department upon written 9 2 request. The failure to furnish such forms shall be no excuse 9 3 for the failure to file thesameforms unless absolute refusal 9 4 is shown.SaidThe forms shall set forth: 9 5 a. The manner under whichsuchthe distributor, 9 6 wholesaler, or retailer, transacts or intends to transact such 9 7 business as a distributor, wholesaler, or retailer. 9 8 b. The principal office, residence, and place of business, 9 9for whichwhere the permit is to apply. 9 10 c. If the applicant is not an individual, the principal 9 11 officers or membersthereof, not to exceed three,and their 9 12 addresses. 9 13 d.SuchAny other information as the director shall by 9 14 rules prescribe. 9 15 Sec. 22. Section 453A.15, Code 2003, is amended by adding 9 16 the following new subsection: 9 17 NEW SUBSECTION. 7. The director may require by rule that 9 18 reports required to be made under this division be filed by 9 19 electronic transmission. 9 20 Sec. 23. Section 453A.18, Code 2003, is amended to read as 9 21 follows: 9 22 453A.18 FORMS FOR RECORDS AND REPORTS. 9 23 The department shall furnish or make available in 9 24 electronic form, without charge, to holders of the various 9 25 permits, forms in sufficient quantities to enable permit 9 26 holders to make the reports required to be made under this 9 27 division. The permit holders shall furnish at their own 9 28 expense the books, records, and invoices, required to be used 9 29 and kept, but the books, records, and invoices shall be in 9 30 exact conformity to the forms prescribed for that purpose by 9 31 the director, and shall be kept and used in the manner 9 32 prescribed by the director. However, the director may, by 9 33 express order in certain cases, authorize permit holders to 9 34 keep their records in a manner and upon forms other than those 9 35 so prescribed. The authorization may be revoked at any time. 10 1 Sec. 24. Section 453A.25, subsection 3, Code 2003, is 10 2 amended to read as follows: 10 3 3. The directoris hereby authorized to appoint an10 4assistant, whose sole duty it shall bemay designate employees 10 5 to administer and enforce the provisions of this chapter, 10 6 including the collection of all taxes provided forhereinin 10 7 this chapter. In such enforcement the director may request 10 8 aid from the attorney general, the special agents of the 10 9 state, any county attorney or any peace officer. The director 10 10is authorized tomay appointsuchclerks and additional help 10 11 as may be needed tocarry out the provisions ofadminister 10 12 this chapter. 10 13 Sec. 25. Section 453A.32, subsections 1, 4, and 5, Code 10 14 2003, are amended to read as follows: 10 15 1. All cigarettes on which taxes are imposed or required 10 16 to be imposed by this division, which are found in the 10 17 possession or custody, or within the control of any person, 10 18 for the purpose of being sold, distributed, or removed by the 10 19 person in violation of this division, and all cigarettes which 10 20 are removedor are, stored, transported, deposited, or 10 21 concealed in any placewith intent to avoid payment of taxes10 22 without the proper taxes paid, and any automobile, truck, 10 23 boat, conveyance, or other vehicle whatsoever, used in the 10 24 removal, storage, deposit, concealment, or transportation of 10 25 cigarettes forsuchthe purpose of avoiding the payment of the 10 26 proper tax, and all equipment or other tangible personal 10 27 property incident to and used forsuchthe purpose of avoiding 10 28 the payment of the proper tax, found in the place, building, 10 29 or vehicle where cigarettes are found, and all counterfeit 10 30 cigarettes, may be seized by the department, with or without 10 31 process and shall be from the time of the seizure forfeited to 10 32 the state of Iowa. A proceeding in the nature of a proceeding 10 33 in rem shall be filed in a court of competent jurisdiction in 10 34 the county of seizure to maintain the seizure and declare and 10 35 perfect the forfeiture. All cigarettes, counterfeit 11 1 cigarettes, vehicles, and property seized, remaining in the 11 2 possession or custody of the department, sheriff or other 11 3 officer for forfeiture or other disposition as provided by 11 4 law, are not subject to replevin. 11 5 4. In the event final judgment is rendered in the 11 6 forfeiture proceedingsaforesaid, maintaining the seizure, and 11 7 declaring and perfecting the forfeiture ofsaidthe seized 11 8 property, the court shall order and decree the salethereofof 11 9 the seized property, other than the counterfeit cigarettes, to 11 10 the highest bidder, by the sheriff at public auction in the 11 11 county of seizure after notice is given in the manner provided 11 12 in the case of the sale of personal property under execution, 11 13 and the proceeds of such sale, less expense of seizure and 11 14 court costs, shall be paid into the state treasury. 11 15 Counterfeit cigarettes shall be destroyed or disposed of in a 11 16 manner determined by the director. 11 17 5. In the event the cigarettes seizedhereunderand sought 11 18 to be sold upon forfeitureshall beare unstamped, the 11 19 cigarettes shall be sold by the director or the director's 11 20 designee to the highest bidder among thelicenseddistributors 11 21 holding a permit in this state after written notice has been 11 22 mailed to all such distributors. If there is no bidder, or in 11 23 the opinion of the director the quantity of cigarettes to be 11 24 sold is insufficient, or for any other reason such disposition 11 25 of the cigarettes is impractical, the cigarettes shall be 11 26 destroyed or disposed of in a manner as determined by the 11 27 director. The proceedsof suchfrom the sales shall be paid 11 28 into the state treasury. 11 29 Sec. 26. Section 453A.36, subsection 6, Code 2003, is 11 30 amended to read as follows: 11 31 6. Any sales of cigarettes or tobacco products made 11 32 through a cigarette vending machine are subject to rules and 11 33 penalties relative to retail sales of cigarettes and tobacco 11 34 products provided for in this chapter.No cigarettes shall11 35 Cigarettes shall not be sold through any cigarette vending 12 1 machine unless the cigarettes have been properly stamped or 12 2 metered as provided by this division, and in case of violation 12 3 of this provision, the permit of the dealer authorizing retail 12 4 sales of cigarettes shall becanceledrevoked. Payment of the 12 5licensepermit fee as provided in section 453A.13 authorizes a 12 6 cigarette vendor to sell cigarettes or tobacco products 12 7 through vending machines. However, cigarettes or tobacco 12 8 products shall not be sold through a vending machine unless 12 9 the vending machine is located in a place where the retailer 12 10 ensures that no person younger than eighteen years of age is 12 11 present or permitted to enter at any time. This section does 12 12 not require a retaillicenseepermit holder to buy a cigarette 12 13 vendor's permit if the retaillicenseepermit holder is in 12 14 fact the owner of the cigarette vending machines and the 12 15 machines are operated in the location described in the retail 12 16 permit. 12 17 Sec. 27. Section 453A.36, Code 2003, is amended by adding 12 18 the following new subsection: 12 19 NEW SUBSECTION. 9. It is unlawful for a person to ship or 12 20 import into this state or to offer for sale, sell, distribute, 12 21 transport, or possess counterfeit cigarettes, knowing such 12 22 cigarettes are counterfeit cigarettes or having reasonable 12 23 cause to believe that such cigarettes are counterfeit 12 24 cigarettes. 12 25 Sec. 28. Section 453A.38, Code 2003, is amended to read as 12 26 follows: 12 27 453A.38 COUNTERFEITING AND PREVIOUSLY USED STAMPS. 12 28 Any person who shall print, engrave, make, issue, sell, or 12 29 circulate, or shall possess or have in the person's possession 12 30 with intent to use, sell, circulate, or pass, any counterfeit 12 31 stamp or previously used stamp, or who shall use, or consent 12 32 to the use of, any counterfeit stamp or previously used stamp 12 33 in connection with the sale, or offering for sale, of any 12 34 cigarettes, or who shall place, or cause to be placed, on any 12 35 individual package of cigarettes, any counterfeit stamp or 13 1 previously used stamp,shall beis guilty of an aggravated 13 2 misdemeanor. A person in violation of this section is also 13 3 subject to the penalty provided in section 453A.31, subsection 13 4 1. 13 5 Sec. 29. Section 453A.40, subsection 1, Code Supplement 13 6 2003, is amended to read as follows: 13 7 1. All persons required tobe licensedhold a 13 8 distributor's permit under section 453A.13as distributors13 9 having in their possession and held for resale on the 13 10 effective date of an increase in the tax rate cigarettes or 13 11 little cigars upon which the tax under section 453A.6 or 13 12 453A.43 has been paid, unused cigarette tax stamps which have 13 13 been paid for under section 453A.8, or unused metered imprints 13 14 which have been paid for under section 453A.12 shall be 13 15 subject to an inventory tax on the items as provided in this 13 16 section. 13 17 Sec. 30. Section 453A.45, subsection 5, unnumbered 13 18 paragraph 2, Code 2003, is amended to read as follows: 13 19 Such report shall be made on forms provided by the director 13 20 or the director may require by rule that the report be filed 13 21 by electronic transmission. 13 22 Sec. 31. Section 453A.46, Code 2003, is amended by adding 13 23 the following new subsection: 13 24 NEW SUBSECTION. 7. The director may require by rule that 13 25 reports be filed by electronic transmission. 13 26 Sec. 32. Section 518.18, subsection 3, paragraph b, 13 27 unnumbered paragraph 1, Code Supplement 2003, is amended to 13 28 read as follows: 13 29 In addition to the prepayment amount in paragraph "a", each 13 30 association shall remit on or beforeJune 30August 15, on a 13 31 prepayment basis, an additional amount equal to the following 13 32 percent of the premium tax liability for the preceding 13 33 calendar year as follows: 13 34 Sec. 33. Section 518A.35, subsection 3, paragraph b, 13 35 unnumbered 1, Code Supplement 2003, is amended to read as 14 1 follows: 14 2 In addition to the prepayment amount in paragraph "a", each 14 3 association shall remit on or beforeJune 30August 15, on a 14 4 prepayment basis, an additional amount equal to the following 14 5 percent of the premium tax liability for the preceding 14 6 calendar year as follows: 14 7 Sec. 34. Section 25B.7, Code Supplement 2003, is repealed. 14 8 Sec. 35. EFFECTIVE DATE. The sections of this Act 14 9 amending sections 422.35, 432.1, 518.18, 518A.35, and 14 10 repealing section 25B.7, being deemed of immediate importance, 14 11 take effect upon enactment. 14 12 Sec. 36. RETROACTIVE APPLICABILITY. Sections 1 and 2 of 14 13 this Act, amending Code section 422.9, apply retroactively to 14 14 January 1, 2004, for tax years beginning on or after that 14 15 date. 14 16 EXPLANATION 14 17 This bill relates to the technical administration of the 14 18 tax and related laws by the department of revenue. 14 19 Code sections 422.9(1) and 422.9(2)(b) are amended to 14 20 provide that no adjustment for federal income tax is allowed 14 21 for a tax year in which an Iowa return was not required to be 14 22 filed. This change is applicable beginning with the 2004 tax 14 23 year. 14 24 Code section 422.35 is amended to provide for an exclusion 14 25 for foreign dividend income. This codifies current practice 14 26 and administrative rules of the Iowa department of revenue 14 27 based on the United States Supreme Court decision in Kraft 14 28 General Foods, Inc. v. Iowa Department of Revenue and Finance, 14 29 505 U.S. 71 (1992). This section of the bill takes effect 14 30 upon enactment. 14 31 Code section 422A.1 is amended to provide that local hotel 14 32 and motel tax shall be imposed beginning on January 1 and July 14 33 1 only and terminated as of June 30 and December 31 only. 14 34 Code section 422E.3A(3)(a) is amended to change the date 14 35 for the department of revenue to estimate the school 15 1 infrastructure local option tax from June 1 to August 15. 15 2 Currently, all other local option estimates are required to be 15 3 made by August 15. 15 4 Code section 423.1(50) is amended to define "employer" for 15 5 purposes of the state sales tax on services as the person who 15 6 actually pays the wages of an employee. 15 7 Code section 425.1(4) is amended to rescind the requirement 15 8 that the department estimate the amount of homestead tax 15 9 credits payable to the counties each year. 15 10 Code section 432.1 is amended to change from June 30 to 15 11 August 15 the date that insurance premium prepayments payable 15 12 by insurance companies are due. Code sections 518.18 and 15 13 518.18A are amended to change from June 30 to August 15 the 15 14 date that insurance premium prepayments payable by county and 15 15 state mutual insurance associations are due. These sections 15 16 of the bill are effective upon enactment. 15 17 Code section 441.6 is amended to strike the physical 15 18 condition and reputation of a person as criteria used by the 15 19 examining board in determining the person's qualifications for 15 20 appointment to the position of county or city assessor. 15 21 Code section 441.8 is amended to permit the director of 15 22 revenue to waive the assessor and deputy assessor continuing 15 23 education requirements for good cause. Code section 441.8 is 15 24 also amended to require the conference board to notify the 15 25 assessor at least 90 days prior to the expiration of the 15 26 assessor's term of office if the assessor is not to be 15 27 reappointed. 15 28 Code section 441.38(2) is amended to require the property 15 29 owner to file notice of appeal to district court with the 15 30 local board of review within 20 days after the board's 15 31 adjournment or May 31, whichever is later. 15 32 Code section 452A.2(19) and (25) is amended to state that, 15 33 for fuel tax purposes, methanol is not a special fuel unless 15 34 blended for use in a motor vehicle with a diesel engine and is 15 35 not a motor fuel unless blended for use in aircraft or a motor 16 1 vehicle. 16 2 Code sections 452A.10, 452A.62(1)(a), and 452A.62(2) are 16 3 amended to require nonterminal storage facilities to maintain 16 4 the same records as terminals for withdrawals and importation 16 5 of certain motor and special fuels. 16 6 Code section 452A.85 is amended to provide that the 16 7 inventory tax does not apply unless the increase in the fuel 16 8 tax rate is more than one-half cent per gallon. 16 9 Code section 453A.1 is amended to define "counterfeit 16 10 cigarettes". 16 11 Code section 453A.13(5) is amended to require furnishing of 16 12 the names and addresses of all officers of the business 16 13 applying for a bond to obtain a cigarette permit. 16 14 Code section 453A.15 is amended to give the director the 16 15 authority to require that cigarette reports be filed by 16 16 electronic transmission. 16 17 Code section 453A.18 authorizes the department to furnish 16 18 permit holders with electronic forms in lieu of paper forms. 16 19 Code section 453A.25(3) is amended to delete the 16 20 requirement that the director appoint a person whose only 16 21 responsibility is to administer cigarette and tobacco taxes. 16 22 Code section 453A.32, subsections (1), (4), and (5), are 16 23 amended to strengthen the language relating to the seizure and 16 24 forfeiture of unstamped cigarettes and to reflect that 16 25 cigarette distributors receive a permit, not a license, to do 16 26 business in Iowa. The section is also amended to include 16 27 counterfeit cigarettes in these provisions. 16 28 Code section 453A.36(6) is amended to clarify that 16 29 cigarette retailers receive a permit, not a license, to do 16 30 business in Iowa. 16 31 Code section 453A.36 is amended to make it unlawful to ship 16 32 or import into Iowa or sell, distribute, transport, or possess 16 33 counterfeit cigarettes and allows for the confiscation and 16 34 destruction of those cigarettes. 16 35 Code section 453A.38 is amended to subject cigarette 17 1 counterfeiters to a civil penalty in addition to the current 17 2 criminal penalty. 17 3 Code section 453A.40(1) is amended to reflect that 17 4 cigarette distributors receive a permit rather than a license 17 5 to do business in Iowa. 17 6 Code section 453A.45(5) is amended to give the director the 17 7 authority to require by rule that tobacco transportation 17 8 reports be filed electronically. 17 9 Code section 453A.46 is amended to give the director the 17 10 authority to require by rule that distributors file tobacco 17 11 reports electronically. 17 12 Code section 25B.7 is repealed. Code section 25B.7 17 13 provides that the cost of providing a property tax credit or 17 14 exemption enacted by the state on or after January 1, 1997, 17 15 shall be fully funded by the state. The section also provides 17 16 that if the state appropriation made to fund a property tax 17 17 credit or exemption is not sufficient to fully fund the credit 17 18 or exemption, the amount of the credit or exemption extended 17 19 to the taxpayer shall be prorated. The proration provision 17 20 also applies to the currently existing homestead property tax 17 21 credit, the low-income and elderly and disabled property tax 17 22 credit, and the military service property tax credit. This 17 23 section of the bill takes effect upon enactment. 17 24 LSB 6925YC 80 17 25 sc/pj/5
Text: HSB00726 Text: HSB00728 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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