Senate File 130 - Introduced



                                       SENATE FILE       
                                       BY  DVORSKY, MULDER, HATCH,
                                           and TINSMAN


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

                                      A BILL FOR

  1 An Act relating to an increase in the taxes on cigarettes and
  2    tobacco products, creating a medical assistance and health
  3    promotion fund, providing for appropriations, and providing an
  4    effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2208SS 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 a tax on all cigarettes
  1  5 used or otherwise disposed of in this state for any purpose
  1  6 whatsoever:
  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 equal to six and eight=
  1 11 tenths cents on each cigarette.
  1 12    Sec. 2.  Section 453A.35, Code 2005, is amended to read as
  1 13 follows:
  1 14    453A.35  TAX TAXES AND FEES PAID TO GENERAL FUND ==
  1 15 EXCEPTIONS.
  1 16    The proceeds derived from the sale of stamps and the
  1 17 payment of taxes, fees, and penalties provided for under this
  1 18 chapter, with the exception of taxes paid on cigarettes
  1 19 pursuant to section 453A.6 and on tobacco products pursuant to
  1 20 section 453A.43, and the permit fees received from all permits
  1 21 issued by the department, shall be credited to the general
  1 22 fund of the state.  All taxes paid on cigarettes pursuant to
  1 23 section 453A.6 and on tobacco products pursuant to section
  1 24 453A.43 shall be credited to the medical assistance and health
  1 25 promotion fund created pursuant to section 453A.35A.  All
  1 26 permit fees provided for in this chapter and collected by
  1 27 cities in the issuance of permits granted by the cities shall
  1 28 be paid to the treasurer of the city where the permit is
  1 29 effective, or to another city officer as designated by the
  1 30 council, and credited to the general fund of the city.  Permit
  1 31 fees so collected by counties shall be paid to the county
  1 32 treasurer.
  1 33    Sec. 3.  NEW SECTION.  453A.35A  MEDICAL ASSISTANCE AND
  1 34 HEALTH PROMOTION FUND == CREATED == APPROPRIATIONS.
  1 35    1.  A medical assistance and health promotion fund is
  2  1 created in the office of the treasurer of state.  The fund
  2  2 consists of the revenues generated from the tax imposed on
  2  3 cigarettes pursuant to section 453A.6 and the tax imposed on
  2  4 tobacco products pursuant to section 453A.43.  Moneys in the
  2  5 fund shall be used only as specified in this section. Moneys
  2  6 deposited in the fund shall not be transferred, used,
  2  7 obligated, appropriated, or otherwise encumbered except as
  2  8 provided in this section.  Notwithstanding section 8.33, any
  2  9 unexpended balance in the fund at the end of the fiscal year
  2 10 shall be retained in the fund.  Notwithstanding section 12C.7,
  2 11 subsection 2, interest or earnings on investments or time
  2 12 deposits on the moneys in the fund shall be credited to the
  2 13 fund.
  2 14    2.  Moneys in the fund are appropriated for the fiscal year
  2 15 beginning July 1, 2005, and annually thereafter, as follows:
  2 16    a.  To the department of human services, an amount
  2 17 sufficient to supplement general fund expenditures for the
  2 18 medical assistance program.
  2 19    b.  If there is a remaining balance in the fund after
  2 20 expenditures are made pursuant to paragraph "a", to the Iowa
  2 21 department of public health, an amount sufficient for health
  2 22 promotion activities, including comprehensive substance abuse
  2 23 treatment efforts.
  2 24    Sec. 4.  Section 453A.40, subsection 1, Code 2005, is
  2 25 amended to read as follows:
  2 26    1.  All of the following persons shall be subject to an
  2 27 inventory tax on the following items as provided in this
  2 28 section:
  2 29    a.  All persons required to obtain a permit or to be
  2 30 licensed under section 453A.13 as distributors or 453A.44,
  2 31 having in their possession and held for resale on the
  2 32 effective date of an increase in the tax rate cigarettes, or
  2 33 little cigars, or tobacco products upon which the tax under
  2 34 section 453A.6 or 453A.43 has been paid, unused cigarette tax
  2 35 stamps which have been paid for under section 453A.8, or
  3  1 unused metered imprints which have been paid for under section
  3  2 453A.12 shall be subject to an inventory tax on the items as
  3  3 provided in this section.
  3  4    b.  All consumers having for use or storage on the
  3  5 effective date of an increase in the tax rate, tobacco
  3  6 products upon which the tax under section 453A.43 has been
  3  7 paid.
  3  8    c.  All consumers subject to section 453A.46, subsection 6,
  3  9 who have acquired title to or possession of tobacco products
  3 10 for storage in this state, upon which tobacco products the tax
  3 11 imposed by section 453A.43 has not been paid.
  3 12    Sec. 5.  Section 453A.43, subsections 1, 2, and 3, Code
  3 13 2005, are amended to read as follows:
  3 14    1.  A tax is imposed upon all tobacco products in this
  3 15 state and upon any person engaged in business as a distributor
  3 16 of tobacco products, at the rate of twenty=two fifty=five
  3 17 percent of the wholesale sales price of the tobacco products,
  3 18 except little cigars as defined in section 453A.42.  Little
  3 19 cigars shall be subject to the same rate of tax imposed upon
  3 20 cigarettes in section 453A.6, payable at the time and in the
  3 21 manner provided in section 453A.6; and stamps shall be affixed
  3 22 as provided in division I of this chapter.  The tax on tobacco
  3 23 products, excluding little cigars, shall be imposed at the
  3 24 time the distributor does any of the following:
  3 25    a.  Brings, or causes to be brought, into this state from
  3 26 without the state tobacco products for sale.
  3 27    b.  Makes, manufactures, or fabricates tobacco products in
  3 28 this state for sale in this state.
  3 29    c.  Ships or transports tobacco products to retailers in
  3 30 this state, to be sold by those retailers.
  3 31    2.  A tax is imposed upon the use or storage by consumers
  3 32 of tobacco products in this state, and upon the consumers, at
  3 33 the rate of twenty=two fifty=five percent of the cost of the
  3 34 tobacco products.
  3 35    The tax imposed by this subsection shall not apply if the
  4  1 tax imposed by subsection 1 on the tobacco products has been
  4  2 paid.
  4  3    This tax shall not apply to the use or storage of tobacco
  4  4 products in quantities of:
  4  5    a.  Less than 25 cigars.
  4  6    b.  Less than 10 oz. snuff or snuff powder.
  4  7    c.  Less than 1 lb. smoking or chewing tobacco or other
  4  8 tobacco products not specifically mentioned herein, in the
  4  9 possession of any one consumer.
  4 10    3.  Any tobacco product with respect to which a tax has
  4 11 once been imposed under this division shall not again be
  4 12 subject to tax under said this division, except as provided in
  4 13 section 453A.40.
  4 14    Sec. 6.  EFFECTIVE DATE.  This Act takes effect on the
  4 15 first day of the month following enactment.
  4 16                           EXPLANATION
  4 17    This bill increases the tax on cigarettes and little cigars
  4 18 from 36 cents to $1.36 per package of 20 cigarettes or little
  4 19 cigars and on tobacco products from 22 percent to 55 percent
  4 20 of the wholesale price.  The bill subjects tobacco products to
  4 21 an inventory tax which is imposed when the tax rate is
  4 22 increased.  The bill also creates a medical assistance and
  4 23 health promotion fund.  Revenues generated from imposition of
  4 24 the taxes on cigarettes and tobacco products are to be
  4 25 deposited in the fund and are appropriated annually for
  4 26 supplementation of the expenditures for the medical assistance
  4 27 program and for health promotion efforts.
  4 28    The bill takes effect the first day of the month following
  4 29 enactment.
  4 30 LSB 2208SS 81
  4 31 pf:nh/gg/14.1