House File 341 - Introduced



                                       HOUSE FILE       
                                       BY  PAULSEN


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

                                      A BILL FOR

  1 An Act relating to sales and use taxes and including effective
  2    date provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2369YH 83
  5 tw/rj/5

PAG LIN



  1  1    Section 1.  SALES TAX DECREASE == EFFECTIVE DATE.
  1  2    1.  Notwithstanding any provision to the contrary in
  1  3 section 423.2, the tax imposed upon the sales price of all
  1  4 sales of tangible personal property sold at retail in the
  1  5 state shall be five and five=eighths of one percent.
  1  6    2.  This section of this Act takes effect at the end of the
  1  7 calendar day on November 1, 2010.
  1  8    Sec. 2.  SALES TAX INCREASE == EFFECTIVE DATE.
  1  9    1.  Notwithstanding any provision of law to the contrary,
  1 10 the tax imposed upon the sales price of all sales of tangible
  1 11 personal property sold at retail in the state shall be six
  1 12 percent.
  1 13    2.  This section of this Act takes effect at the beginning
  1 14 of the calendar day on November 3, 2010.
  1 15                           EXPLANATION
  1 16    This bill relates to the sales and use taxes and to a
  1 17 proposed amendment to the Iowa constitution dedicating a
  1 18 portion of state revenue for purposes of benefiting natural
  1 19 resources.
  1 20    In 2008, the 82nd General Assembly passed Senate Joint
  1 21 Resolution 2002 proposing an amendment to the Constitution of
  1 22 the State of Iowa to dedicate a portion of state revenue from
  1 23 the tax imposed on certain retail sales of tangible personal
  1 24 property and services for the benefit of the state's natural
  1 25 resources.  The resolution creates a natural resources and
  1 26 outdoor recreation trust fund within the state treasury and
  1 27 not within the general fund of the state.  Moneys in the fund
  1 28 cannot be used for any purpose other than protecting and
  1 29 enhancing water quality and natural areas in this state
  1 30 including parks, trails, and fish and wildlife habitat, and
  1 31 conserving agricultural soils in this state.  No revenue is
  1 32 credited to the fund until the sales and use tax rate is
  1 33 increased.  Whenever the sales tax is increased, the amount
  1 34 generated by the increase is credited to the fund, but the
  1 35 amount credited cannot exceed the amount that a sales and use
  2  1 tax of 3/8ths of 1 percent would generate.
  2  2    Before it can become law, Senate Joint Resolution 2002 must
  2  3 be passed by a majority of the 83rd General Assembly and then
  2  4 approved by a majority of the voters of Iowa at the 2010
  2  5 general election.  The 2010 general election will take place
  2  6 on November 2.  If approved by a majority of Iowa voters, the
  2  7 constitution of the state is amended effective as of the date
  2  8 of the general election.
  2  9    Currently, the sales and use taxes in Iowa are imposed at
  2 10 the rate of 6 percent.  This bill provides for a decrease in
  2 11 the sales and use taxes to 5 and 5/8ths percent.  This
  2 12 decrease takes effect at the end of the calendar day on
  2 13 November 1, 2010.  The bill also provides for a sales tax
  2 14 increase from 5 and 5/8ths percent to 6 percent, effectively
  2 15 restoring the sales and use taxes to their current rate.  This
  2 16 increase takes effect at the beginning of the calendar day on
  2 17 November 3, 2010.  If the voters approve the amendment to the
  2 18 constitution of the state, this increase of the sales and use
  2 19 taxes would trigger the provisions of the constitutional
  2 20 amendment, thereby directing revenue to the natural resources
  2 21 and outdoor recreation trust fund in an amount not to exceed
  2 22 3/8ths of 1 percent.
  2 23 LSB 2369YH 83
  2 24 tw/rj/5.1