Senate Amendment 3197


PAG LIN




     1  1    Amend Senate File 369 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 214A.1, Code 2003, is amended
     1  5 to read as follows:
     1  6    214A.1  DEFINITIONS.
     1  7    The following definitions shall apply to the
     1  8 various terms used in this chapter:
     1  9    1.  "A.S.T.M." means the American society for
     1 10 testing and materials.
     1 11    2.  "Motor vehicle fuel" means a substance or
     1 12 combination of substances which is intended to be or
     1 13 is capable of being used for the purpose of propelling
     1 14 or running by combustion any internal combustion
     1 15 engine and is kept for sale or sold for that purpose.
     1 16 The products commonly known as kerosene and distillate
     1 17 or petroleum products of lower gravity (Baume scale),
     1 18 when not used to propel a motor vehicle or for
     1 19 compounding or combining with a motor vehicle fuel,
     1 20 are exempt from this chapter except as provided in
     1 21 section 214A.2A.
     1 22    2.  "Ethanol blended gasoline" means gasoline
     1 23 containing at least ten percent alcohol distilled from
     1 24 cereal grains.
     1 25    3.  "Motor vehicle" means a self=propelled vehicle
     1 26 that operates using gasoline, including but not
     1 27 limited to any of the following:
     1 28    a.  An automobile as defined in section 321.1.
     1 29    b.  A motor truck as defined in section 321.1.
     1 30    c.  A motor bus as used in section 452A.57.
     1 31    d.  A motorcycle as defined in section 321.1.
     1 32    e.  Watercraft as defined in section 462A.2.
     1 33    f.  An off=road vehicle which is a snowmobile or an
     1 34 all=terrain vehicle as defined in section 321G.1.
     1 35    4.  "Motor vehicle fuel" means the same as defined
     1 36 in section 214.1.
     1 37    5.  "Motor vehicle fuel pump" or "pump" means a
     1 38 stationary pump located at a service station which is
     1 39 used for measuring and dispensing motor vehicle fuel
     1 40 and which is required to be licensed by the department
     1 41 pursuant to chapter 214.
     1 42    3. 6.  "Motor vehicle fuel storage tank" means an
     1 43 aboveground or belowground container that is a
     1 44 fixture, used to keep an accumulation of motor vehicle
     1 45 fuel.
     1 46    4. 7.  "MTBE" means methyl tertiary butyl ether.
     1 47    5. 8.  "Oxygenate octane enhancer" means oxygen=
     1 48 containing compounds, including but not limited to
     1 49 alcohols, ethers, or ethanol.
     1 50    6. 9.  "Retail dealer" shall mean and include any
     2  1 person, firm, partnership, association, or corporation
     2  2 who operates, maintains, or conducts, either in
     2  3 person, or by any agent, employee, or servant, any
     2  4 place of business, filling station, pump station, or
     2  5 tank wagon, from which any motor vehicle fuel, as
     2  6 defined herein, is sold or offered for sale, at
     2  7 retail, or to the final or ultimate consumer. means a
     2  8 person who operates, maintains, or conducts a service
     2  9 station, either in person, or by any agent or an
     2 10 employee.
     2 11    7. 10.  "Sell" means to sell or to offer for sale.
     2 12    11.  "Service station" means the location of a for=
     2 13 profit or nonprofit business in this state where motor
     2 14 vehicle fuel is sold or offered for sale on a retail
     2 15 basis.
     2 16    8. 12.  "Wholesale dealer" shall mean and include
     2 17 any person, firm, partnership, association, or
     2 18 corporation, other than retail dealers as defined in
     2 19 subsection 3 of this section, who sells, keeps, or
     2 20 holds, for sale, or purchase for the purpose of sale
     2 21 within this state, any means a person, other than a
     2 22 retail dealer, who provides motor vehicle fuel for
     2 23 sale within this state.
     2 24    Sec. 2.  Section 214A.2, subsection 1, Code 2003,
     2 25 is amended to read as follows:
     2 26    1.  a.  The secretary department shall adopt rules
     2 27 pursuant to chapter 17A for carrying out this chapter.
     2 28 The rules may include, but are not limited to,
     2 29 specifications relating to motor vehicle fuel or
     2 30 oxygenate octane enhancers, including ethanol blended
     2 31 gasoline.
     2 32    b.  In the interest of uniformity, the secretary
     2 33 department shall adopt by reference or otherwise
     2 34 specifications relating to tests and standards for
     2 35 motor vehicle fuel or oxygenate octane enhancers,.
     2 36 The specifications shall be based on those established
     2 37 by the American society for testing and materials
     2 38 (A.S.T.M.), unless the secretary department determines
     2 39 those specifications are inconsistent with this
     2 40 chapter or are not appropriate to the conditions which
     2 41 exist in this state.
     2 42    Sec. 3.  Section 214A.2, subsection 3, Code 2003,
     2 43 is amended to read as follows:
     2 44    3.  a.  Gasoline with a mixture of less than ten
     2 45 percent ethanol shall be known as high=emission
     2 46 gasoline.
     2 47    b.  Gasoline with a mixture of ten percent or more
     2 48 ethanol, but not more than thirteen percent, shall be
     2 49 known as conventional blend ethanol.
     2 50    b. c.  Gasoline with a mixture of more than
     3  1 thirteen percent ethanol, but not more than twenty=
     3  2 five percent ethanol, shall be known as high blend
     3  3 ethanol.  For purposes of chapters 323A, 422, and
     3  4 452A, high blend ethanol shall be treated as
     3  5 conventional blend ethanol.
     3  6    c. d.  Gasoline shall not contain with a mixture of
     3  7 seventy percent or more than twenty=five percent
     3  8 ethanol shall be known as E=85 ethanol blended
     3  9 gasoline.
     3 10    Sec. 4.  Section 214A.16, Code 2003, is amended to
     3 11 read as follows:
     3 12    214A.16  NOTICE TO PUBLIC OF BLENDED FUEL == DECAL
     3 13 TYPES OF MOTOR VEHICLE FUEL SOLD AT A PUMP.
     3 14    1.  If motor vehicle fuel containing a renewable
     3 15 fuel is sold from a motor vehicle fuel pump, the pump
     3 16 shall have affixed a decal identifying the name of the
     3 17 renewable fuel.  The decal may be different based on
     3 18 the type of renewable fuel used.  The design and
     3 19 location of the decal shall be prescribed by rules
     3 20 adopted by the department.  A decal identifying a
     3 21 renewable fuel shall be consistent with standards
     3 22 adopted pursuant to section 159A.6.  The department
     3 23 may approve an application to place a decal in a
     3 24 special location on a pump or container or use a decal
     3 25 with special lettering or colors, if the decal appears
     3 26 clear and conspicuous to the consumer.  The
     3 27 application shall be made in writing pursuant to
     3 28 procedures adopted by the department.
     3 29    2.  If high=emission gasoline is sold from a motor
     3 30 vehicle fuel pump, the pump shall have affixed a
     3 31 label.  The label shall identify the gasoline as high=
     3 32 emission gasoline and provide notice that its use is
     3 33 restricted under this chapter.  The design and
     3 34 location of the decal shall be prescribed by rules
     3 35 adopted by the department.
     3 36    Sec. 5.  NEW SECTION.  214A.18A  PROHIBITION ==
     3 37 HIGH=EMISSION GASOLINE.
     3 38    On and after January 1, 2006, except as provided in
     3 39 this section, a retail dealer shall not sell high=
     3 40 emission gasoline, as described in section 214A.2, in
     3 41 this state.
     3 42    1.  This section shall not apply to a retail dealer
     3 43 that sells gasoline used to operate any of the
     3 44 following:
     3 45    a.  An aircraft as defined in section 328.1.
     3 46    b.  A motor vehicle used exclusively for motor
     3 47 sports, including on a raceway, if the motor vehicle
     3 48 cannot operate on a highway as provided in chapter 321
     3 49 or rules adopted by the state department of
     3 50 transportation.
     4  1    c.  A motor vehicle operated by using diesel fuel.
     4  2    2.  A retail dealer may sell high=emission gasoline
     4  3 if all of the following apply:
     4  4    a.  The high=emission gasoline is premium grade
     4  5 unleaded gasoline as provided in section 214A.2.
     4  6    b.  The high=emission gasoline is sold exclusively
     4  7 for the operation of one of the following:
     4  8    (1)  A motorcycle as defined in section 321.1.
     4  9    (2)  An antique vehicle registered under section
     4 10 321.115.
     4 11    (3)  A snowmobile as defined in section 321G.1.
     4 12    (4)  An all=terrain vehicle as defined in section
     4 13 321G.1.
     4 14    (5)  Watercraft as defined in section 462A.2.
     4 15    (6)  A small motor vehicle such as a lawnmower.
     4 16    c.  The retail dealer's service station does not
     4 17 use more than one motor vehicle fuel pump to sell
     4 18 high=emission gasoline at any one time.
     4 19    d.  The retail dealer does not sell more than six
     4 20 gallons of high=emission gasoline at any one time to a
     4 21 single customer.
     4 22    Sec. 6.  Section 422.11C, Code 2003, is amended by
     4 23 adding the following new subsection:
     4 24    NEW SUBSECTION.  6.  This section is repealed on
     4 25 January 1, 2006.
     4 26    Sec. 7.  NEW SECTION.  422.11H  E=85 ETHANOL
     4 27 BLENDED GASOLINE MOTOR VEHICLE PURCHASE TAX CREDIT.
     4 28    1.  As used in this section:
     4 29    a.  "E=85 ethanol blended gasoline" means E=85
     4 30 ethanol blended gasoline that meets standards of the
     4 31 department of agriculture and land stewardship
     4 32 pursuant to section 214A.2.
     4 33    b.  "Motor vehicle" means the same as defined in
     4 34 section 321.1.
     4 35    2.  The taxes imposed under this division, less the
     4 36 credits allowed under sections 422.12 and 422.12B,
     4 37 shall be reduced by the E=85 ethanol blended gasoline
     4 38 motor vehicle purchase tax credit for the tax year in
     4 39 which the taxpayer purchases a new or used motor
     4 40 vehicle powered by using E=85 ethanol blended gasoline
     4 41 from a retail seller of new or used motor vehicles.
     4 42 The tax credit equals the lesser of one hundred
     4 43 dollars or the amount paid by the taxpayer less any
     4 44 discounts and trade=ins.
     4 45    3.  a.  Any credit in excess of the tax liability
     4 46 shall be refunded.  In lieu of claiming a refund, a
     4 47 taxpayer may elect to have the overpayment shown on
     4 48 the taxpayer's final, completed return credited to the
     4 49 tax liability for the following tax year.
     4 50    b.  Married taxpayers who have filed joint federal
     5  1 returns electing to file separate returns or to file
     5  2 separately on a combined return form must determine
     5  3 the E=85 ethanol blended gasoline motor vehicle
     5  4 purchase tax credit based upon their combined net
     5  5 income and allocate the total credit amount to each
     5  6 spouse in the proportion that each spouse's respective
     5  7 net income bears to the total combined net income.
     5  8 Nonresidents or part=year residents of Iowa must
     5  9 determine their E=85 ethanol blended gasoline motor
     5 10 vehicle purchase tax credit in the ratio of their
     5 11 Iowa=source net income to their all=source net income.
     5 12 Nonresidents or part=year residents who are married
     5 13 and elect to file separate returns or to file
     5 14 separately on a combined return form must allocate the
     5 15 E=85 ethanol blended gasoline motor vehicle purchase
     5 16 tax credit between the spouses in the ratio of each
     5 17 spouse's Iowa=source net income to the combined Iowa=
     5 18 source net income of the taxpayers.  An individual may
     5 19 claim the E=85 ethanol blended gasoline motor vehicle
     5 20 purchase tax credit allowed a partnership, S
     5 21 corporation, limited liability company, or estate or
     5 22 trust electing to have the income taxed directly to
     5 23 the individual.  The amount claimed by the individual
     5 24 shall be based upon the pro rata share of the
     5 25 individual's earnings of the partnership, S
     5 26 corporation, limited liability company, or estate or
     5 27 trust.
     5 28    4.  This section is repealed on January 1, 2008.
     5 29    Sec. 8.  Section 422.33, subsection 11, Code 2003,
     5 30 is amended by adding the following new paragraph:
     5 31    NEW PARAGRAPH.  e.  This subsection is repealed on
     5 32 January 1, 2006.
     5 33    Sec. 9.  Section 423.24, subsection 1, paragraph a,
     5 34 Code 2003, is amended to read as follows:
     5 35    a.  Twenty=five Until June 30, 2014, twenty=five
     5 36 percent of all such revenue, up to a maximum of four
     5 37 million two hundred fifty thousand dollars per
     5 38 quarter, shall be deposited into and credited to the
     5 39 Iowa comprehensive petroleum underground storage tank
     5 40 fund created in section 455G.3, and the moneys so
     5 41 deposited are a continuing appropriation for
     5 42 expenditure under chapter 455G, and moneys so
     5 43 appropriated shall not be used for other purposes.
     5 44    Sec. 10.  Section 452A.3, subsection 1, unnumbered
     5 45 paragraph 1, Code 2003, is amended to read as follows:
     5 46    Except as otherwise provided in this section and in
     5 47 this division, until June 30, 2007 December 31, 2006,
     5 48 this subsection shall apply to the excise tax imposed
     5 49 on each gallon of motor fuel used for any purpose for
     5 50 the privilege of operating motor vehicles in this
     6  1 state.
     6  2    Sec. 11.  Section 452A.3, subsection 1A, Code 2003,
     6  3 is amended to read as follows:
     6  4    1A.  Except as otherwise provided in this section
     6  5 and in this division, after June 30, 2007 December 31,
     6  6 2006, an excise tax of twenty cents is imposed on each
     6  7 gallon of motor fuel used for any purpose for the
     6  8 privilege of operating motor vehicles in this state.
     6  9    Sec. 12.  Section 455G.3, Code 2003, is amended by
     6 10 adding the following new subsection:
     6 11    NEW SUBSECTION.  6.  a.  There is appropriated from
     6 12 the unassigned revenue fund administered by the Iowa
     6 13 comprehensive petroleum underground storage tank fund
     6 14 board to support the super ethanol storage tank
     6 15 incentive program as provided in section 455G.23, one
     6 16 hundred fifty thousand dollars for each fiscal year
     6 17 for the fiscal period beginning on July 1, 2003, and
     6 18 ending June 30, 2008.  The board shall cooperate with
     6 19 the department of natural resources in awarding moneys
     6 20 under the program.
     6 21    b.  This subsection is repealed on July 1, 2008.
     6 22    Sec. 13.  Section 455G.8, subsection 2, Code 2003,
     6 23 is amended to read as follows:
     6 24    2.  USE TAX.  The Until June 30, 2014, revenues
     6 25 derived from the use tax imposed under chapter 423.
     6 26 The proceeds of the use tax under section 423.24,
     6 27 subsection 1, paragraph "a", shall be allocated,
     6 28 consistent with this chapter, among the fund's
     6 29 accounts, for debt service and other fund expenses,
     6 30 according to the fund budget, resolution, trust
     6 31 agreement, or other instrument prepared or entered
     6 32 into by the board or authority under direction of the
     6 33 board.
     6 34    Sec. 14.  NEW SECTION.  455G.23  E=85 ETHANOL
     6 35 BLENDED GASOLINE STORAGE TANK INCENTIVE PROGRAM.
     6 36    1.  As used in this section:
     6 37    a.  "E=85 ethanol blended gasoline" means E=85
     6 38 ethanol blended gasoline that meets standards of the
     6 39 department of agriculture and land stewardship
     6 40 pursuant to section 214A.2.
     6 41    b.  "Motor vehicle fuel" means the same as defined
     6 42 in section 214A.1.
     6 43    c.  "Motor vehicle fuel pump" or "pump" means the
     6 44 same as defined in section 214.1.
     6 45    d.  "Motor vehicle fuel storage tank" or "tank"
     6 46 means a container that is a fixture on a site, used to
     6 47 keep an accumulation of motor vehicle fuel.
     6 48    e.  "Site" means the premises where a motor vehicle
     6 49 fuel storage tank is located, if the tank is used to
     6 50 serve a connecting motor vehicle fuel pump where motor
     7  1 vehicle fuel is dispensed to customers on a retail
     7  2 basis.
     7  3    2.  The board shall establish an E=85 ethanol
     7  4 blended gasoline storage tank incentive program to
     7  5 reimburse the owner or operator of a site for costs
     7  6 necessary to install, replace, or convert an
     7  7 aboveground motor vehicle fuel storage tank for use in
     7  8 storing and dispensing E=85 ethanol blended gasoline.
     7  9 An owner or operator shall not be reimbursed more than
     7 10 seven thousand five hundred dollars for each tank that
     7 11 is installed, replaced, or converted under the
     7 12 program.  In order to be eligible for reimbursement,
     7 13 all of the following must apply:
     7 14    a.  The motor vehicle fuel storage tank must be
     7 15 located at a site.
     7 16    b.  The site must comply with federal and state
     7 17 standards governing new or upgraded motor vehicle fuel
     7 18 storage tanks used to store and dispense motor vehicle
     7 19 fuel, including E=85 ethanol blended gasoline.
     7 20    c.  The owner or operator of the site must apply to
     7 21 the board in a manner and according to procedures
     7 22 required by the board.  The application must contain
     7 23 all information required by the board and shall at
     7 24 least include all of the following:
     7 25    (1)  The name of the owner or operator and the
     7 26 address of the site.
     7 27    (2)  A detailed description of the motor vehicle
     7 28 fuel storage tank to be installed, replaced, or
     7 29 converted on the site, including but not limited to
     7 30 the model number of the tank if available.
     7 31    (3)  A statement that the installation,
     7 32 replacement, or conversion is necessary to store and
     7 33 dispense E=85 ethanol blended gasoline.
     7 34    3.  A site classified as a no further action site
     7 35 pursuant to a certificate issued by the department of
     7 36 natural resources under section 455B.474 shall retain
     7 37 its classification following modifications necessary
     7 38 to store and dispense E=85 ethanol blended gasoline,
     7 39 and the owner or operator shall not be required to
     7 40 perform a new site assessment unless the site causes a
     7 41 clear, present, and impending danger to the public
     7 42 health or the environment.
     7 43    4.  This section is repealed on July 1, 2008.
     7 44    Sec. 15.  2001 Iowa Acts, chapter 123, section 6,
     7 45 subsection 2, is amended to read as follows:
     7 46    2.  The ethanol blended gasoline tax credits
     7 47 provided in sections 422.11C and 422.33 apply to tax
     7 48 years beginning on or after January 1, 2002.
     7 49 Notwithstanding the provisions in those sections
     7 50 limiting the tax credits to taxpayers' tax years, the
     8  1 amount of the initial tax credit under these sections
     8  2 for each eligible service station shall be based on
     8  3 the total number of gallons of ethanol blended
     8  4 gasoline sold and dispensed through all metered pumps
     8  5 located at the taxpayer's service station from January
     8  6 1, 2002, until the beginning of the taxpayer's next
     8  7 fiscal year.  The department of revenue and finance
     8  8 shall perform functions, prior to the beginning of
     8  9 that tax year, necessary in order to implement the tax
     8 10 credits.
     8 11    Sec. 16.  REFUNDS.  Refunds of taxes, interest, or
     8 12 penalties which arise from claims resulting from the
     8 13 enactment of 2001 Iowa Acts, chapter 123, section 6,
     8 14 subsection 2, as amended in this Act, for sales of
     8 15 ethanol blended gasoline occurring between January 1,
     8 16 2002, and the effective date of this Act, shall not be
     8 17 allowed unless refund claims are filed prior to
     8 18 October 1, 2003, notwithstanding any other provision
     8 19 of law.
     8 20    Sec. 17.  RETROACTIVE APPLICATION == EFFECTIVE
     8 21 DATE.
     8 22    1.  Section 422.11H as enacted in this Act takes
     8 23 effect upon enactment and applies retroactively to tax
     8 24 years beginning on or after January 1, 2003.
     8 25    2.  2001 Iowa Acts, chapter 123, section 6,
     8 26 subsection 2, as amended by this Act, being deemed of
     8 27 immediate importance, takes effect upon enactment and
     8 28 applies retroactively to January 1, 2002.>
     8 29 #2.  Title page, line 1, by striking the words <E=
     8 30 85 ethanol> and inserting the following:  <ethanol
     8 31 blended gasoline, providing for tax revenue, providing
     8 32 for appropriations, and providing for applicability
     8 33 and effective dates>.
     8 34 #3.  By renumbering as necessary.
     8 35
     8 36
     8 37                               
     8 38 NEAL SCHUERER
     8 39 HUBERT M. HOUSER
     8 40 JOHN P. KIBBIE
     8 41 SF 369.201 80
     8 42 da/sh

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