HF 2643 (LSB 6771HV (1) 91)

HOUSE FILE 2643

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HF 2299)

A BILL FOR

An Act relating to reporting total gasoline and diesel fuel gallonage sold and dispensed by retail dealers for a determination period.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 422.11O, subsection 2, paragraph a, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (02)  The retail dealer has timely filed the report required under section 452A.33, subsection 1, paragraph “c”, for the latest determination period ending prior to the close of the retail dealer’s tax year.
    Sec. 2.  Section 422.11P, subsection 3, paragraph a, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (02)  The retail dealer has timely filed the report required under section 452A.33, subsection 1, paragraph “c”, for the latest determination period ending prior to the close of the retail dealer’s tax year.
    Sec. 3.  Section 422.11Y, subsection 3, paragraph a, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (02)  The retail dealer has timely filed the report required under section 452A.33, subsection 1, paragraph “c”, for the latest determination period ending prior to the close of the retail dealer’s tax year.
    Sec. 4.  Section 452A.33, subsection 1, paragraph c, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  (a)  If a retail dealer fails to file the report as required by this section or fails to maintain records required to file the report the department may impose a civil penalty of not more than one hundred dollars per occurrence in addition to any other penalty provided by law. The penalty amount shall be deposited into the general fund of the state.
   (b)  A retail dealer who fails to timely file a report as required by this subsection prior to the close of the retail dealer’s tax year is also ineligible to claim any tax credit available under section 422.11O, 422.11P, or 422.11Y for the tax year or any succeeding tax year until such time the report is filed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to reporting total gasoline and diesel fuel gallonage sold or dispensed by retail dealers for a determination period.
   The bill specifies a retail dealer that does not timely report the total gasoline and diesel fuel gallonage sold or dispensed as required by Code section 452A.33 is not eligible to claim the tax credits available under Code section 422.11O (E-85 gasoline promotion), 422.11P (biodiesel blended fuel), or 422.11Y (E-15 plus gasoline promotion). The retail dealer who fails to timely file such a report for the latest determination period ending prior to the close of the retail dealer’s tax year is ineligible to claim the tax credits for the tax year or any succeeding tax years until the report is filed.
   The report filed by retail dealers is used to calculate the rate of excise taxes on ethanol blended gasoline classified as E-15 or higher and biodiesel blended fuel classified as B-20 or higher.