House File 215 - Introduced



                                       HOUSE FILE       
                                       BY  SCHICKEL, TJEPKES, TOMENGA,
                                           RAYHONS, WESSEL=KROESCHELL,
                                           SHOULTZ, FOEGE, and WENDT


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act increasing the taxes imposed on cigarettes and tobacco
  2    products and providing for appropriation of the increased
  3    revenue generated to the medical assistance program and for
  4    tobacco control and prevention, and providing an effective
  5    date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1935YH 81
  8 pf/gg/14

PAG LIN



  1  1    Section 1.  Section 453A.6, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  There is imposed, and shall be collected and paid to
  1  4 the department, the following taxes on all cigarettes used or
  1  5 otherwise disposed of in this state for any purpose
  1  6 whatsoever:
  1  7    a.  CLASS A.
  1  8    (1)  On cigarettes weighing not more than three pounds per
  1  9 thousand, eighteen mills one and eight=tenths cents on each
  1 10 such cigarette.
  1 11    (2)  In addition to the tax imposed in subparagraph (1), on
  1 12 cigarettes weighing not more than three pounds per thousand,
  1 13 five cents on each cigarette.
  1 14    b.  CLASS B.
  1 15    (1)  On cigarettes weighing more than three pounds per
  1 16 thousand, eighteen mills one and eight=tenths cents on each
  1 17 such cigarette.
  1 18    (2)  In addition to the tax imposed in subparagraph (1), on
  1 19 cigarettes weighing more than three pounds per thousand, five
  1 20 cents on each cigarette.
  1 21    Sec. 2.  Section 453A.35, Code 2005, is amended to read as
  1 22 follows:
  1 23    453A.35  TAX AND FEES PAID TO GENERAL FUND.
  1 24    The proceeds derived from the sale of stamps and the
  1 25 payment of taxes, fees and penalties provided for under this
  1 26 chapter, and the permit fees received from all permits issued
  1 27 by the department, with the exception of the proceeds derived
  1 28 from payment of taxes pursuant to section 453A.6, subsection
  1 29 1, paragraph "a", subparagraph (2); section 453A.6, subsection
  1 30 1, paragraph "b", subparagraph (2); section 453A.43,
  1 31 subsection 1, paragraph "b"; and section 453A.43, subsection
  1 32 2, paragraph "b", shall be credited to the general fund of the
  1 33 state.  All permit fees provided for in this chapter and
  1 34 collected by cities in the issuance of permits granted by the
  1 35 cities shall be paid to the treasurer of the city where the
  2  1 permit is effective, or to another city officer as designated
  2  2 by the council, and credited to the general fund of the city.
  2  3 Permit fees so collected by counties shall be paid to the
  2  4 county treasurer.
  2  5    Sec. 3.  NEW SECTION.  453A.35A  MEDICAL ASSISTANCE FUND ==
  2  6 TAX REVENUE DEPOSITED == APPROPRIATION.
  2  7    1.  There is created in the office of the treasurer of
  2  8 state a medical assistance fund.  The fund consists of the
  2  9 revenues generated from the taxes imposed on cigarettes and
  2 10 tobacco products pursuant to section 453A.6, subsection 1,
  2 11 paragraph "a", subparagraph (2); section 453A.6, subsection 1,
  2 12 paragraph "b", subparagraph (2); section 453A.43, subsection
  2 13 1, paragraph "b"; and section 453A.43, subsection 2, paragraph
  2 14 "b".  Moneys in the fund shall be used only as specified in
  2 15 this section and are appropriated for the uses specified.
  2 16 Moneys deposited in the fund shall not be transferred, used,
  2 17 obligated, appropriated, or otherwise encumbered, except as
  2 18 provided in this section.  Any unexpended balance in the fund
  2 19 and any interest or earnings on investments or time deposits
  2 20 of the moneys in the fund at the end of a fiscal year shall be
  2 21 deposited in the general fund of the state.
  2 22    2.  Moneys in the fund are appropriated for the fiscal year
  2 23 beginning July 1, 2006, and for each fiscal year thereafter,
  2 24 as follows:
  2 25    a.  To the department of human services, an amount
  2 26 necessary, annually, for expenses incurred under the medical
  2 27 assistance program.
  2 28    b.  To the Iowa department of public health, an amount
  2 29 necessary, annually, for expenses relating to tobacco control
  2 30 and prevention within the state.
  2 31    Sec. 4.  Section 453A.43, subsections 1 and 2, Code 2005,
  2 32 are amended to read as follows:
  2 33    1.  a.  A tax is imposed upon all tobacco products in this
  2 34 state and upon any person engaged in business as a distributor
  2 35 of tobacco products, at the rate of twenty=two percent of the
  3  1 wholesale sales price of the tobacco products, except little
  3  2 cigars as defined in section 453A.42.
  3  3    b.  In addition to the tax imposed under paragraph "a", a
  3  4 tax is imposed upon all tobacco products in this state and
  3  5 upon any person engaged in business as a distributor of
  3  6 tobacco products, at the rate of thirty=three percent of the
  3  7 wholesale sales price of the tobacco products, except little
  3  8 cigars as defined in section 453A.42.
  3  9    c.  Little cigars shall be subject to the same rate of tax
  3 10 imposed upon cigarettes in section 453A.6, payable at the time
  3 11 and in the manner provided in section 453A.6; and stamps shall
  3 12 be affixed as provided in division I of this chapter.
  3 13    d.  The tax taxes on tobacco products, excluding little
  3 14 cigars, shall be imposed at the time the distributor does any
  3 15 of the following:
  3 16    a.  (1)  Brings, or causes to be brought, into this state
  3 17 from without the state tobacco products for sale.
  3 18    b.  (2)  Makes, manufactures, or fabricates tobacco
  3 19 products in this state for sale in this state.
  3 20    c.  (3)  Ships or transports tobacco products to retailers
  3 21 in this state, to be sold by those retailers.
  3 22    2.  a.  A tax is imposed upon the use or storage by
  3 23 consumers of tobacco products in this state, and upon the
  3 24 consumers, at the rate of twenty=two percent of the cost of
  3 25 the tobacco products.
  3 26    b.  In addition to the tax imposed in paragraph "a", a tax
  3 27 is imposed upon the use or storage by consumers of tobacco
  3 28 products in this state, and upon the consumers, at a rate of
  3 29 thirty=three percent of the cost of the tobacco products.
  3 30    c.  The tax taxes imposed by this subsection shall not
  3 31 apply if the tax taxes imposed by subsection 1 on the tobacco
  3 32 products has have been paid.
  3 33    d.  This tax The taxes imposed under this subsection shall
  3 34 not apply to the use or storage of tobacco products in
  3 35 quantities of:
  4  1    a.  (1)  Less than 25 cigars.
  4  2    b.  (2)  Less than 10 oz. snuff or snuff powder.
  4  3    c.  (3)  Less than 1 lb. smoking or chewing tobacco or
  4  4 other tobacco products not specifically mentioned herein, in
  4  5 the possession of any one consumer.
  4  6    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  4  7 immediate importance, takes effect on the first day of the
  4  8 month that begins following enactment.
  4  9                           EXPLANATION
  4 10    This bill relates to an increase in the taxes imposed on
  4 11 cigarettes and tobacco products and to the deposit and
  4 12 appropriation of the increased revenue generated.
  4 13    The bill provides for a tax on cigarettes, in addition to
  4 14 the tax of 18 mills (1.8 cents) imposed on each cigarette, of
  4 15 5 cents on each cigarette.  The effect of the bill is to
  4 16 increase the tax on a pack of 20 cigarettes from 36 cents per
  4 17 pack to $1.36 per pack.
  4 18    The bill also provides for a tax on tobacco products, in
  4 19 addition to the 22 percent of the wholesale sales price for
  4 20 distributors and 22 percent of the cost of tobacco products
  4 21 for the use or storage by consumers of tobacco products, of 33
  4 22 percent of the wholesale sales price and the cost.
  4 23    The bill provides that the additional revenue generated
  4 24 (the 5 cents per cigarette and the 33 percent on tobacco
  4 25 products) is to be deposited in the medical assistance fund
  4 26 created in the bill.  The bill provides that moneys in the
  4 27 medical assistance fund are appropriated for the fiscal year
  4 28 beginning July 1, 2006, and annually thereafter, to the
  4 29 department of human services, an amount necessary, annually,
  4 30 for expenses incurred under the medical assistance program and
  4 31 to the Iowa department of public health, an amount necessary,
  4 32 annually, for expenses relating to tobacco control and
  4 33 prevention within the state.
  4 34 LSB 1935YH 81
  4 35 pf:nh/gg/14