Bill Text: IA HF683 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the excise tax imposed on the handling of grain, including by providing for transfer of collected revenue to the grain depositors and sellers indemnity fund, providing for the future elimination of the excise tax, and including effective date and retroactive applicability provisions.(Formerly HSB 230.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2023-04-20 - Subcommittee: Driscoll, Jochum, and Schultz. S.J. 918. [HF683 Detail]
Download: Iowa-2023-HF683-Introduced.html
House
File
683
-
Introduced
HOUSE
FILE
683
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
230)
A
BILL
FOR
An
Act
relating
to
the
excise
tax
imposed
on
the
handling
of
1
grain,
including
by
providing
for
transfer
of
collected
2
revenue
to
the
grain
depositors
and
sellers
indemnity
fund,
3
providing
for
the
future
elimination
of
the
excise
tax,
4
and
including
effective
date
and
retroactive
applicability
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
2500HV
(3)
90
da/ns
H.F.
683
Section
1.
Section
428.35,
subsection
6,
Code
2023,
is
1
amended
to
read
as
follows:
2
6.
Payment
of
tax.
The
tax,
when
determined,
shall
be
3
entered
in
the
same
manner
as
general
property
taxes
on
the
tax
4
list
of
the
taxing
district,
and
the
proceeds
of
the
collection
5
of
the
tax
shall
be
distributed
to
the
same
taxing
units
and
6
in
the
same
proportion
as
the
general
property
tax
on
the
tax
7
list
of
each
taxing
district
Excise
tax
moneys
collected
on
8
grain
reported
in
the
statement
filing
form
required
to
be
9
filed
sixty
days
after
January
1,
2023,
shall
be
remitted
to
10
the
department
of
revenue
as
required
by
the
department.
The
11
department
shall
transfer
the
remitted
moneys
to
the
grain
12
depositors
and
sellers
indemnity
fund
created
in
section
13
203D.3
.
All
provisions
of
the
law
relating
to
the
assessment
14
and
collection
of
property
taxes
and
the
powers
and
duties
of
15
the
county
treasurer,
county
auditor
,
and
all
other
officers
16
with
respect
to
the
assessment,
collection,
and
enforcement
17
of
property
taxes
apply
to
the
assessment,
collection,
and
18
enforcement
of
the
excise
tax
imposed
by
this
section
.
19
Sec.
2.
Section
428.35,
Code
2023,
is
amended
by
adding
the
20
following
new
subsections:
21
NEW
SUBSECTION
.
7.
Section
no
longer
applicable.
22
Notwithstanding
any
provision
of
this
section
to
the
contrary,
23
all
of
the
following
apply:
24
a.
Grain
handled
on
or
after
January
1,
2023,
otherwise
25
required
to
be
reported
on
the
statement
filing
form
filed
26
sixty
days
after
January
1,
2024,
as
provided
in
subsection
3
27
is
not
subject
to
the
excise
tax
imposed
by
subsection
2.
28
b.
A
statement
filing
form
as
described
in
paragraph
“a”
29
otherwise
requiring
the
reporting
of
grain
handled
on
or
after
30
January
1,
2023,
is
not
required
to
be
filed.
31
NEW
SUBSECTION
.
8.
Section
repealed.
This
section
is
32
repealed
July
1,
2025.
33
Sec.
3.
Section
445.3,
subsection
2,
Code
2023,
is
amended
34
to
read
as
follows:
35
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683
2.
a.
The
commencement
of
actions
for
ad
valorem
taxes
1
authorized
under
this
section
shall
not
begin
until
the
2
issuance
of
a
tax
sale
certificate
under
the
requirements
of
3
section
446.19
.
The
commencement
of
actions
for
all
other
4
taxes
authorized
under
this
section
shall
not
begin
until
ten
5
days
after
the
publication
of
tax
sale
under
the
requirements
6
of
section
446.9,
subsection
2
.
7
b.
(1)
This
subsection
does
not
apply
to
the
collection
of
8
ad
valorem
taxes
under
section
445.32
,
and
grain
handling
taxes
9
under
section
428.35
.
10
(2)
(a)
This
subsection
does
not
apply
to
the
excise
tax
11
imposed
on
grain
subject
to
handling
under
section
428.35.
12
(b)
This
subparagraph
is
repealed
July
1,
2025.
13
Sec.
4.
IMPLEMENTATION.
Section
25B.7
shall
not
apply
to
14
the
property
tax
exemption
enacted
in
this
Act.
15
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
16
importance,
takes
effect
upon
enactment.
17
Sec.
6.
RETROACTIVE
APPLICABILITY.
The
sections
of
this
Act
18
amending
section
428.35
apply
retroactively
to
January
1,
2023,
19
for
the
assessment
year
beginning
January
1,
2022.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
BACKGROUND.
This
bill
relates
to
the
grain
handling
excise
24
tax
of
one-fourth
mill
per
bushel
upon
all
grain
handled.
For
25
purposes
of
the
excise
tax,
“handling
or
handled”
means
the
26
receiving
of
grain
at
or
in
each
elevator,
warehouse,
mill,
27
processing
plant,
or
other
facility
in
this
state
in
which
it
28
is
received
for
storage,
accumulation,
sale,
processing,
or
29
any
other
purpose.
In
addition,
“grain”
means
wheat,
corn,
30
barley,
oats,
rye,
flaxseed,
field
peas,
soybeans,
grain
31
sorghums,
spelts,
and
such
other
products
as
are
usually
stored
32
in
grain
elevators
other
than
seeds
after
being
processed.
The
33
amount
of
excise
tax
is
calculated
on
the
basis
of
a
statement
34
filed
by
the
person
handling
the
grain
due
sixty
days
after
35
-2-
LSB
2500HV
(3)
90
da/ns
2/
3
H.F.
683
the
start
of
the
calendar
year.
The
statement
records
the
1
total
number
of
bushels
handled
by
the
person
during
the
prior
2
calendar
year.
The
excise
tax
is
entered
on
the
tax
list
of
the
3
taxing
district
and
revenue
collected
from
the
excise
tax
is
4
distributed
to
the
various
taxing
authorities
within
the
taxing
5
district
in
the
same
manner
as
general
property
taxes.
6
BILL’S
PROVISIONS.
The
bill
requires
excise
tax
moneys
on
7
grain
reported
in
the
statement
filed
60
days
after
January
8
1,
2023,
for
the
prior
assessment
year
to
be
remitted
to
the
9
department
of
revenue
and
transferred
to
the
grain
depositors
10
and
sellers
indemnity
fund.
The
excise
tax
is
no
longer
11
assessable
for
grain
handled
on
or
after
January
1,
2023,
12
and
the
statute
imposing
the
tax
is
repealed
July
1,
2025.
13
The
bill
takes
effect
upon
enactment
and
is
retroactively
14
applicable
to
January
1,
2023,
for
the
assessment
year
15
beginning
January
1,
2022.
16
GRAIN
DEPOSITORS
AND
SELLERS
INDEMNITY
FUND.
A
grain
17
dealer
or
warehouse
operator
must
do
business
in
this
state
18
under
a
license
issued
by
the
department
of
agriculture
and
19
land
stewardship.
A
person
selling
grain
to
a
licensed
grain
20
dealer
or
depositing
grain
with
a
licensed
warehouse
operator
21
may
be
reimbursed
for
a
loss
incurred
by
the
failure
of
the
22
licensed
grain
dealer
or
licensed
warehouse
operator
to
honor
23
a
contractual
obligation
regarding
the
transaction.
The
24
indemnity
fund
is
supported
by
several
sources,
including
a
25
participation
fee
paid
by
those
grain
dealers
and
warehouse
26
operators
applying
for
or
renewing
a
license
and
a
per-bushel
27
fee
paid
only
by
grain
dealers.
28
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LSB
2500HV
(3)
90
da/ns
3/
3
