House File 237 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER


    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 providing
  2    for appropriation of the revenue generated to the medical
  3    assistance program and for tobacco control and prevention, and
  4    providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2341HH 81
  7 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: a tax of ten cents on each cigarette.
  1  7    CLASS A.  On cigarettes weighing not more than three pounds
  1  8 per thousand, eighteen mills on each such cigarette.
  1  9    CLASS B.  On cigarettes weighing more than three pounds per
  1 10 thousand, eighteen mills on each such cigarette.
  1 11    Sec. 2.  Section 453A.35, Code 2005, is amended to read as
  1 12 follows:
  1 13    453A.35  TAX AND FEES PAID TO GENERAL FUND.
  1 14    The proceeds derived from the sale of stamps and the
  1 15 payment of taxes, fees and penalties provided for under this
  1 16 chapter, and the permit fees received from all permits issued
  1 17 by the department, with the exception of the proceeds derived
  1 18 from payment of taxes pursuant to section 453A.6, subsection
  1 19 1, shall be credited to the general fund of the state.  All
  1 20 permit fees provided for in this chapter and collected by
  1 21 cities in the issuance of permits granted by the cities shall
  1 22 be paid to the treasurer of the city where the permit is
  1 23 effective, or to another city officer as designated by the
  1 24 council, and credited to the general fund of the city.  Permit
  1 25 fees so collected by counties shall be paid to the county
  1 26 treasurer.
  1 27    Sec. 3.  NEW SECTION.  453A.35A  MEDICAL ASSISTANCE FUND ==
  1 28 TAX REVENUE DEPOSITED == APPROPRIATION.
  1 29    1.  A medical assistance and tobacco control and prevention
  1 30 fund is created in the office of the treasurer of state.  The
  1 31 fund consists of the revenues generated from the taxes imposed
  1 32 on cigarettes pursuant to section 453A.6, subsection 1.
  1 33 Moneys in the fund shall be used only as specified in this
  1 34 section and are appropriated for the uses specified.  Moneys
  1 35 deposited in the fund are not subject to section 8.33 and
  2  1 shall not be transferred, used, obligated, appropriated, or
  2  2 otherwise encumbered, except as provided in this section.
  2  3 Notwithstanding section 12C.7, subsection 2, interest or
  2  4 earnings on moneys deposited in the fund shall be credited to
  2  5 the fund.
  2  6    2.  Moneys in the fund are appropriated for the fiscal year
  2  7 beginning July 1, 2005, and for each fiscal year thereafter,
  2  8 as follows:
  2  9    a.  To the department of human services, an amount
  2 10 necessary, annually, for expenses incurred under the medical
  2 11 assistance program.
  2 12    b.  To the Iowa department of public health, an amount
  2 13 necessary, annually, for expenses relating to tobacco control
  2 14 and prevention within the state.
  2 15    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  2 16 immediate importance, takes effect on the first day of the
  2 17 month that begins following enactment.
  2 18                           EXPLANATION
  2 19    This bill relates to an increase in the taxes imposed on
  2 20 cigarettes and to the deposit and appropriation of the revenue
  2 21 generated.
  2 22    The bill provides for a tax on cigarettes of 10 cents on
  2 23 each cigarette.  The effect of the bill is to increase the tax
  2 24 on a pack of 20 cigarettes from 36 cents per pack to $2.00 per
  2 25 pack.
  2 26    The bill provides that the revenue generated (the 10 cents
  2 27 per cigarette) is to be deposited in the medical assistance
  2 28 and tobacco control and prevention fund created in the bill.
  2 29 The bill provides that moneys in the fund are appropriated for
  2 30 the fiscal year beginning July 1, 2005, and annually
  2 31 thereafter, to the department of human services, an amount
  2 32 necessary, annually, for expenses incurred under the medical
  2 33 assistance program and to the Iowa department of public
  2 34 health, an amount necessary, annually, for expenses relating
  2 35 to tobacco control and prevention within the state.
  3  1 LSB 2341HH 81
  3  2 pf:rj/gg/14