Bill Text: IA SSB1117 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the natural resources and outdoor recreation trust fund by increasing the sales and use tax rates and including effective date provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-05 - Natural Resources and Environment: Dearden Chair,Black,Hogg,Greiner, and Zumbach. [SSB1117 Detail]
Download: Iowa-2013-SSB1117-Introduced.html
Senate
Study
Bill
1117
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
BILL
BY
CHAIRPERSON
DEARDEN)
A
BILL
FOR
An
Act
relating
to
the
natural
resources
and
outdoor
recreation
1
trust
fund
by
increasing
the
sales
and
use
tax
rates
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
423.2,
subsection
1,
unnumbered
1
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
2
There
is
imposed
a
tax
of
six
and
three-eighths
percent
upon
3
the
sales
price
of
all
sales
of
tangible
personal
property,
4
consisting
of
goods,
wares,
or
merchandise,
sold
at
retail
in
5
the
state
to
consumers
or
users
except
as
otherwise
provided
6
in
this
subchapter
.
7
Sec.
2.
Section
423.2,
subsections
2
and
3,
Code
2013,
are
8
amended
to
read
as
follows:
9
2.
A
tax
of
six
and
three-eighths
percent
is
imposed
upon
10
the
sales
price
of
the
sale
or
furnishing
of
gas,
electricity,
11
water,
heat,
pay
television
service,
and
communication
service,
12
including
the
sales
price
from
such
sales
by
any
municipal
13
corporation
or
joint
water
utility
furnishing
gas,
electricity,
14
water,
heat,
pay
television
service,
and
communication
service
15
to
the
public
in
its
proprietary
capacity,
except
as
otherwise
16
provided
in
this
subchapter
,
when
sold
at
retail
in
the
state
17
to
consumers
or
users.
18
3.
A
tax
of
six
and
three-eighths
percent
is
imposed
upon
19
the
sales
price
of
all
sales
of
tickets
or
admissions
to
places
20
of
amusement,
fairs,
and
athletic
events
except
those
of
21
elementary
and
secondary
educational
institutions.
A
tax
of
22
six
and
three-eighths
percent
is
imposed
on
the
sales
price
of
23
an
entry
fee
or
like
charge
imposed
solely
for
the
privilege
of
24
participating
in
an
activity
at
a
place
of
amusement,
fair,
or
25
athletic
event
unless
the
sales
price
of
tickets
or
admissions
26
charges
for
observing
the
same
activity
are
taxable
under
this
27
subchapter
.
A
tax
of
six
and
three-eighths
percent
is
imposed
28
upon
that
part
of
private
club
membership
fees
or
charges
paid
29
for
the
privilege
of
participating
in
any
athletic
sports
30
provided
club
members.
31
Sec.
3.
Section
423.2,
subsection
4,
paragraph
a,
Code
2013,
32
is
amended
to
read
as
follows:
33
a.
A
tax
of
six
and
three-eighths
percent
is
imposed
upon
34
the
sales
price
derived
from
the
operation
of
all
forms
of
35
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amusement
devices
and
games
of
skill,
games
of
chance,
raffles,
1
and
bingo
games
as
defined
in
chapter
99B
,
and
card
game
2
tournaments
conducted
under
section
99B.7B
,
that
are
operated
3
or
conducted
within
the
state,
the
tax
to
be
collected
from
4
the
operator
in
the
same
manner
as
for
the
collection
of
taxes
5
upon
the
sales
price
of
tickets
or
admission
as
provided
in
6
this
section
.
Nothing
in
this
subsection
shall
legalize
any
7
games
of
skill
or
chance
or
slot-operated
devices
which
are
now
8
prohibited
by
law.
9
Sec.
4.
Section
423.2,
subsection
5,
Code
2013,
is
amended
10
to
read
as
follows:
11
5.
There
is
imposed
a
tax
of
six
and
three-eighths
percent
12
upon
the
sales
price
from
the
furnishing
of
services
as
defined
13
in
section
423.1
.
14
Sec.
5.
Section
423.2,
subsection
7,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
16
follows:
17
A
tax
of
six
and
three-eighths
percent
is
imposed
upon
the
18
sales
price
from
the
sales,
furnishing,
or
service
of
solid
19
waste
collection
and
disposal
service.
20
Sec.
6.
Section
423.2,
subsection
8,
paragraph
a,
Code
2013,
21
is
amended
to
read
as
follows:
22
a.
A
tax
of
six
and
three-eighths
percent
is
imposed
on
23
the
sales
price
from
sales
of
bundled
transactions.
For
the
24
purposes
of
this
subsection
,
a
“bundled
transaction”
is
the
25
retail
sale
of
two
or
more
distinct
and
identifiable
products,
26
except
real
property
and
services
to
real
property,
which
27
are
sold
for
one
nonitemized
price.
A
“bundled
transaction”
28
does
not
include
the
sale
of
any
products
in
which
the
sales
29
price
varies,
or
is
negotiable,
based
on
the
selection
by
the
30
purchaser
of
the
products
included
in
the
transaction.
31
Sec.
7.
Section
423.2,
subsection
9,
Code
2013,
is
amended
32
to
read
as
follows:
33
9.
A
tax
of
six
and
three-eighths
percent
is
imposed
upon
34
the
sales
price
from
any
mobile
telecommunications
service,
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including
all
paging
services,
that
this
state
is
allowed
1
to
tax
pursuant
to
the
provisions
of
the
federal
Mobile
2
Telecommunications
Sourcing
Act,
Pub.
L.
No.
106-252,
4
U.S.C.
3
§
116
et
seq.
For
purposes
of
this
subsection
,
taxes
on
mobile
4
telecommunications
service,
as
defined
under
the
federal
Mobile
5
Telecommunications
Sourcing
Act
that
are
deemed
to
be
provided
6
by
the
customer’s
home
service
provider,
shall
be
paid
to
7
the
taxing
jurisdiction
whose
territorial
limits
encompass
8
the
customer’s
place
of
primary
use,
regardless
of
where
the
9
mobile
telecommunications
service
originates,
terminates,
10
or
passes
through
and
shall
in
all
other
respects
be
taxed
11
in
conformity
with
the
federal
Mobile
Telecommunications
12
Sourcing
Act.
All
other
provisions
of
the
federal
Mobile
13
Telecommunications
Sourcing
Act
are
adopted
by
the
state
of
14
Iowa
and
incorporated
into
this
subsection
by
reference.
With
15
respect
to
mobile
telecommunications
service
under
the
federal
16
Mobile
Telecommunications
Sourcing
Act,
the
director
shall,
if
17
requested,
enter
into
agreements
consistent
with
the
provisions
18
of
the
federal
Act.
19
Sec.
8.
Section
423.2,
subsection
11,
paragraph
b,
20
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
21
(2)
Transfer
from
the
remaining
revenues
the
amounts
22
required
under
Article
VII,
section
10,
of
the
Constitution
23
of
the
State
of
Iowa
to
the
natural
resources
and
outdoor
24
recreation
trust
fund
created
in
section
461.31
,
if
applicable
.
25
Sec.
9.
Section
423.2,
subsection
13,
Code
2013,
is
amended
26
to
read
as
follows:
27
13.
The
sales
tax
rate
of
six
and
three-eighths
percent
is
28
reduced
to
five
and
three-eighths
percent
on
January
1,
2030.
29
Sec.
10.
Section
423.5,
unnumbered
paragraph
1,
Code
2013,
30
is
amended
to
read
as
follows:
31
Except
as
provided
in
subsection
3
,
an
excise
tax
at
the
32
rate
of
six
and
three-eighths
percent
of
the
purchase
price
or
33
installed
purchase
price
is
imposed
on
the
following:
34
Sec.
11.
Section
423.5,
subsection
9,
Code
2013,
is
amended
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to
read
as
follows:
1
9.
The
use
tax
rate
of
six
and
three-eighths
percent
is
2
reduced
to
five
and
three-eighths
percent
on
January
1,
2030.
3
Sec.
12.
Section
423.43,
subsection
1,
paragraph
b,
Code
4
2013,
is
amended
to
read
as
follows:
5
b.
Subsequent
to
the
deposit
into
the
general
fund
of
the
6
state
and
after
the
transfer
of
such
pursuant
to
paragraph
“a”
,
7
the
department
shall
do
the
following
in
the
order
prescribed:
8
(1)
Transfer
the
revenues
collected
under
chapter
423B
,
the
9
department
shall
transfer
.
10
(2)
Transfer
from
the
remaining
revenues
the
amounts
11
required
under
Article
VII,
section
10,
of
the
Constitution
12
of
the
State
of
Iowa
to
the
natural
resources
and
outdoor
13
recreation
trust
fund
created
in
section
461.31.
14
(3)
Transfer
one-sixth
of
such
remaining
revenues
to
the
15
secure
an
advanced
vision
for
education
fund
created
in
section
16
423F.2
.
This
paragraph
subparagraph
(3)
is
repealed
December
17
31,
2029.
18
Sec.
13.
PURPOSE.
The
purpose
of
this
Act
is
to
provide
19
for
the
implementation
of
Article
VII,
section
10,
of
the
20
Constitution
of
the
State
of
Iowa
by
fully
funding
the
natural
21
resources
and
outdoor
recreation
trust
fund
as
created
in
22
section
461.31,
pursuant
to
Article
VII,
section
10,
of
the
23
Constitution
of
the
State
of
Iowa.
24
Sec.
14.
EMERGENCY
RULES.
The
department
of
revenue
shall
25
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
26
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
27
the
provisions
of
this
Act.
The
rules
shall
be
effective
28
immediately
upon
filing
with
the
administrative
rules
29
coordinator
unless
a
later
date
is
specified
in
the
rules,
but
30
not
later
than
July
1,
2013.
Any
rules
adopted
in
accordance
31
with
this
section
shall
also
be
published
as
a
notice
of
32
intended
action
as
provided
in
section
17A.4.
33
Sec.
15.
EFFECTIVE
DATE.
The
following
provision
or
34
provisions
of
this
Act
take
effect:
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1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
1
on
July
1,
2013.
2
2.
The
section
of
this
Act
requiring
the
department
of
3
revenue
to
adopt
emergency
rules,
being
deemed
of
immediate
4
importance,
takes
effect
upon
enactment.
5
EXPLANATION
6
This
bill
relates
to
the
sales
tax
imposed
on
the
sale
of
7
tangible
personal
property
and
the
furnishing
of
enumerated
8
services
and
to
an
amendment
to
the
Constitution
of
the
State
9
of
Iowa
ratified
on
November
2,
2010,
dedicating
a
portion
of
10
state
revenue
for
purposes
of
benefiting
natural
resources,
11
outdoor
recreation,
and
soil
conservation
(Article
VII,
12
section
10).
The
amendment
authorizes
the
general
assembly
to
13
implement
its
provisions.
14
The
constitutional
amendment
creates
a
natural
resources
and
15
outdoor
recreation
trust
fund
(trust
fund)
within
the
state
16
treasury.
The
trust
fund
and
allocations
from
the
fund
are
17
codified
in
Code
chapter
461.
Moneys
in
the
trust
fund
cannot
18
be
used
for
any
purpose
other
than
protecting
and
enhancing
19
water
quality
and
natural
areas
in
this
state
including
20
parks,
trails,
and
fish
and
wildlife
habitat,
and
conserving
21
agricultural
soils
in
this
state.
No
revenue
is
credited
to
22
the
trust
fund
until
the
sales
tax
rate
is
increased.
Whenever
23
the
rate
is
increased,
the
amount
generated
by
the
increase
is
24
credited
to
the
fund,
but
the
amount
credited
cannot
exceed
the
25
amount
that
a
rate
of
3/8
of
1
percent
would
generate.
26
Currently,
the
tax
on
sales
and
services
in
Iowa
is
imposed
27
at
the
rate
of
6
percent.
The
bill
provides
for
an
increase
28
in
the
rate
to
6
and
3/8
percent,
and
the
transfer
of
these
29
moneys
into
the
trust
fund.
In
2012,
the
General
Assembly
30
enacted
S.F.
2329
(2012
Iowa
Acts,
ch.
1098)
which
provided
for
31
the
transfer
of
sales
tax
revenues
deposited
into
the
general
32
fund
of
the
state
(general
fund)
into
the
trust
fund
when
33
applicable.
The
bill
provides
for
the
same
tax
rate
increase
34
to
the
use
tax
and
transfer
of
those
revenues
from
the
general
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fund
to
the
trust
fund.
1
The
bill
does
not
affect
the
5
percent
rate
imposed
on
2
vehicles
subject
to
the
issuance
of
a
certificate
of
title,
3
the
use
of
manufactured
housing,
or
the
use
of
certain
leased
4
vehicles.
5
The
bill
takes
effect
on
July
1,
2013,
except
for
a
provision
6
requiring
the
department
of
revenue
to
adopt
emergency
rules,
7
which
takes
effect
upon
enactment.
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