Struck = removed from the bill ·
added = the amendment's new text.
STATEHouse OFAmendment IOWAto KIMREYNOLDSSenate GOVERORFile Jne,025612 TeHnoalealPteS-3190 SceayofaeofoaAmend SaeaiolSenate DsMins,owa019File Darr.ertr,612, Ieebyasi:as passed by the Senate, as follows:
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Ii!SIII11E"I,71171 1[J JI1i1 1!G1N1 1 1ENS!IPI111 h.,'.S1 7ü'lï'7161116':" Senate File 612 AN ACT RELATING TO STATE AND LOCAL TAXATION AND REGULATIONS BY CHANGING CERTAIN TAX CREDITS, CIGARETTE AND TOBACCO-RELATED REGULATIONS, AND CERTAIN CITY BUDGET CERTIFICATION DEADLINES, PROVIDING FOR PENALTIES, AND INCLUDING RETROACTIVE APPLICABILITY AND EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I CIGARETTE AND TOBACCO-RELATED REGULATIONS Section 1 .
-State“State permitpermit” - shall mean and include all permits issued by the department to distributors, wholcsalcrs,wholesalers, and rctailersretailers under this chapter except the permits issued to retailers approved by cities and counties pursuant to sections 453A.13 and 453A.47A.
SenateSec. File 612, p .
2 Sec.
Section 453A.6, subsection 88, , paragraph a, Code 2025, is amended to read as follows:
Pay directly to the department, in lieu of the tax under subsection 11, , a tax equal to three and six hundredths cents on each cigarette dispensed from such machine.
Section3. 453A.8, subsection 2 , Code 2025, is amended to read as follows:
Section 453A.8, subsection 2, Code 2025, is amended to read as follows:
Orders for cigarette tax stamps, including the payment for such stamps, shall be ocntsent dircctdirect made to the department electronically on a form to be prescribed by the director, except as provided in subsection 66. .
Section4. 453A.13, subsection 2 , paragraph a, Code 2025, is amended to read as follows:
Section 453A.13, subsection 2, paragraph a, Code 2025, is amended to read as follows:
If an out-of-state retailer makes delivery sales of alternative nicotine products or vapor products, an application shall be filed with the department electronically and a permit shall be issued for the out-of-state retailer'sretailer’s SF 612.2129.H (1) 91 -1- md 1/17 principal place of business.
Cities may i33ucissue approve retail permits to rctailcr3retailers permit applications for applicants with a place of business located within their respective limits.
County boards of supervisors may isoucissue approve retail permits to rctailcr9retailers permit applications for applicants with a place of business in their respective counties, outside of the corporate limits of cities.
Section5. 453A.13, subsection 2 , paragraph c, Code 2025, is amended to read as follows:
SenateSection File453A.13, 612,subsection p2, .paragraph c, Code 2025, is amended to read as follows:
3 c.
A city or county Shallshall submit a duplic-atcduplicate of any rmitapplication for a retail permit to the department within thirty days--efdays of the i3suance.issuance.
Section 453A.13, subsection 33, , paragraph aa, , Code 2025, is amended to read as follows:
A permit shall not be granted or issued until the applicant has paid the fees to the department required in this subchapter for the next period ending on June 30 next, to the department or the city or county granting the permit, the fees provided for in this subchapter.
However, whenever a state permit holder operates more than one place of business, a duplicate state permit shall be issued for each SF 612.2129.H (1) 91 -2- md 2/17 additional place of business on payment of five dollars for each duplicate state permit, but refunds as provided in this subchapter do not apply to any duplicate permit issued.
Section 453A.13, subsection 55, , unnumbered paragraph 1, Code 2025, is amended to read as follows:
Permits shall be issued only upon applications accompanied by the fee indicated above, and by an adequate bond as provided in section 453A.14, and upon forms furnished by the department upon written request.request .
ThefaiailfetoThe failure to furnish sueh—€er-fRshallsuch forms shall be no excuse for the failure to file the forms unless absolute refusal i3is shown.
Each permit issued shall describe clearly the place of business for which it is issued, shall be nonassignable, consecutively numbered, designating the kind of permit, and shall authorize the sale of cigarettes, alternative nicotine Senateproducts, Fileor 612,vapor pproducts .in this state subject to the limitations and restrictions herein contained.
4The products,retail orpermits vaporshall productsbe inupon thisforms statefurnished subjectby to the limitationsdepartment andor restrictionson hereinforms contained.made available or approved by the department .
The retail permits shall be upon forms furnished by the department or on Sec.
Section 453A.14, subsection 11, , unnumbered paragraph 1, Code 2025, is amended to read as follows:
ReNo A state or manufacturer'smanufacturer’s permit shall not be issued until the applicant files a bond, with good and sufficient surety, to be approved by the director, which bond shall be in favor of the state and conditioned upon the payment of taxes, damages, fines, penalties, and costs adjudged against the permit holder for violation of any of the provisions of this subchapter.
SF 612.2129.H (1) 91 -3- md 3/17 Sec.
Section 453A.14, subsection 22, , Code 2025, is amended to read as follows:
Section 453A.15, subsection 77, , Code 2025, is amended to read as follows:
The director may rrequire by rule that Any reports required to be made under this subchapter shall be filed by cloctronicelectronic transmission electronically.
453A.16 Manufacturer'sManufacturer’s permit.
The department may, upon application of any manufacturer, Senateissue Filewithout 612,charge pto .the manufacturer a manufacturer’s permit.
5 issue without charge to the manufacturer a manufacturer's permit.
The holder of a manufacturer'smanufacturer’s permit is authorized to purchase stamps from the department, and must affix stamps to individual packages of cigarettes outside of this state, prior to their shipment into the state unless the cigarettes are shipped to an Iowa permitted distributor or an Iowa permitted distributor'sdistributor’s agent.
Section 453A.17, subsection 11, , Code 2025, is amended to read as follows:
SF 612.2129.H (1) 91 -4- md 4/17 1.
Every distributing agent in the state, now engaged, or who desires to become engaged, in the business of storing unstamped cigarettes which are received in interstate commerce for distribution or delivery only upon order received from without the state or to be sold outside the state, shall file with the department electronically,electronically , an application for a distributing agent'sagent’s permit, on a form prescribed by the director, to be f••rnishcdfurnished upon writtcnwritten request.request .
The failure tto efurnish •shall ibe rno =excuse shalbfor ithe —nfailure eeto mfile ethe —rsame en-t h fai ure L f ielt h -z-ar x a r c • v-•-resrnrc unless an absolute refusal is shown.
Section 453A.18, Code 2025, is amended to read as Senatefollows: File 612, p .
6 follows:
The department shall furnish or make available in electronic form, without charge, to holders of the various permits, forms in sufficicntsufficient quantiticsquantities to enable permit holders to make the reports required to be made under this subchapter.
The permit holders shall furnish at their own expense the books, records, SF 612.2129.H (1) 91 -5- md 5/17 and invoices, required to be used and kept, but the books, records, and invoices shall be in exact conformity to the forms prescribed for that purpose by the director, and shall be kept and used in the manner prescribed by the director.
Section 453A.23, subsections 1 and 22, , Code 2025, are amended to read as follows:
Subject to this subchapter, a retailer'sretailer’s permit may be issued by the department to any dining car company, sleeping car company, railroad or railway company.
The application for the permit shall be in the form and contain the information required by the director and each application submitted under this section shall be submitted to the department electronically.electronically .
No cigarcttc3cigarettes Cigarettes shall not be sold in the cars without having affixed thereto stamps evidencing the payment of the tax as provided in this subchapter.
As a condition precedent to the issuing of a retailer'sretailer’s Senatepermit Filefor 612,railway pcar, .the applicant shall file with the department a bond in favor of the state for the benefit of all parties interested in the amount of five hundred dollars SF 612.2129.H (1) 91 -6- md 6/17 conditioned upon the payment of all taxes, fines and penalties and costs in this subchapter.
7 permit for railway car, the applicant shall file with the department a bond in favor of the state for the benefit of all parties interested in the amount of five hundred dollars conditioned upon the payment of all taxes, fines and penalties and costs in this subchapter.
Section 453A.24, subsection 22, , Code 2025, is amended to read as follows:
The —direstdirector may require by rule that the reports A report required to be submitted by the director pursuant to this section shall be filed by clectronicelectronic tran3missiontransmission electronically.
Section 453A.28, subsection 11, , paragraph a, Code 2025, is amended to read as follows:
1)(1) If after any audit, examination of records, or other investigation the department finds that any person has sold cigarettes without stamps affixed or that any person responsible for paying the tax has not done so as required by this subchapter, the department shall fix and determine the amount of tax due, and shall assess the tax against the person, together with a penalty as provided in section 421.27.
The period for SF 612.2129.H (1) 91 -7- md 7/17 examination and determination of the correct amount of tax is Senateunlimited Filein 612,the pcase .of a false or fraudulent report made with the intent to evade tax, or in the case of a failure to file a report, or if a person purchases or is in possession of unstamped cigarettes.
8(3) unlimitedFor inpurposes theof caseimposing ofpenalties aunder falsethis orsection fraudulentand reportsection made421.27, witha theperson intentwho fails to evadetimely tax,file or insubmit thea caserequired ofreturn, areport, failureor toother filedocumentation aupon report,which orno itax fis ashown persondue purchasesis orsubject isto a penalty in possessionthe amount of unstampedfifty cigarettes.dollars for each occurrence.
() For purposes of imposing penalties under this section and section 421.27, a person who fails to timely file or submit a required return, report, or other documentation upon which no tax is shown due is subject to a penalty in the amount of fifty dollars for each occurrence.
Section 453A.28, subsection 11, , Code 2025, is amended by adding the following new paragraph:
NEW PARAGRAPH.PARAGRAPH .
c.
Section 453A.35, subsection 11, , paragraph a, Code 2025, is amended to read as follows:
With the exception of revenues credited to the health care trust fund pursuant to paragraph 'b“b”, -, the proceeds derived from the sale of stamps and the payment of fees and penalties provided for under this chapter, and the permit fees received from all state permits issued by the department, shall be credited to the general fund of the state.
Section 453A.35, subsection 22, , Code 2025, is amended to read as follows:
All permit fees provided for in this chapter and collected by the department on behalf of cities in the issuance of permits granted by the cities shall be paid remitted by the department to the treasurer of the city where the permit SF 612.2129.H (1) 91 -8- md 8/17 is effective, or to anothcranother city officcrofficer as dcsignatcddesignated by the council, and shall be credited to the general fund of the city.
Permit fees so collected by the department on behalf of counties shall be pawdpaid remitted to the county treasurer of the county where the permit is effective.effective .
SenateSec. File 612, p .
9 Sec.
Section 453A.39, subsection 22, , paragraph a, Code 2025, is amended to read as follows:
Section 453A.40, subsection 22, , Code 2025, is amended to read as follows:
SF 612.2129.H (1) 91 -9- md 9/17 Sec.
Section 453A.45, subsection 55, , paragraphs b, c, and d, Code 2025, are amended to read as follows:
heThe —direeter—maydirector may require by rule that the A report required under this subsection shall be filed by cicctronicelectronic tran3missiontransmission electronically.
A report required to be submitted electronically under this subsection that is filed in a manner other than in an electronic format specified by the department shall not be considered a valid submission unless the director Senatehas Filepermitted 612,the p.submission of such a report through an alternative method pursuant to section 453A.57.
10 has permitted the submission of such a report through an alternative method pursuant to section 453A.57.
()(1) The date.
()(2) The point of origin.
()(3) The point of delivery.
()(4) The name of the consignee.
()(5) A description and the quantity of tobacco products delivered.
()(6) Such other information as the director may require.
Section 453A.46, subsection 11, , paragraph a, subparagraph (1), Code 2025, is amended to read as follows:
SF 612.2129.H (1) 91 -10- md 10/17 (1) On or before the twentieth day of each calendar month every distributor with a place of business in this state shall file a return with the director showing for the preceding calendar month the quantity and wholesale sales price of each tobacco product brought, or caused to be brought, into this state for sale;
Returns shall Senatebe Filemade 612,upon p.forms furnished or made available in electronic form and prescribed by the director and shall contain other information as the director may require.
11 be made upon forms furnishcd or made available in electronic form and prescribed by the director and shall contain other information as the director may require.
Section 453A.46, subsection 33, , Code 2025, is amended to read as follows:
453A.31, subsection 11, , paragraph "b“b”; -;
For purposes of imposing penalties under this section and section 421.27, a person who fails to timely file or submit a required return, report, or other SF 612.2129.H (1) 91 -11- md 11/17 documentation upon which no tax is shown due is subject to a penalty in the amount of fifty dollars for each occurrence.
Section 453A.46, subsection 77, , Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
Section 453A.47A, subsection 66, , Code 2025, is amended to read as follows:
Senate6. File 612, p.
12 .
Cities may i33ucissue approve retail permits to retailers permit applications of applicants located within their respective limits.
County boards of supervisors may i33ucissue approve retail permits to retailers permit applications of applicants located in their respective counties, outside of the corporate limits of cities.
aubmitThe acity duplior atecounty shall submit a duplicate of any application for a retail permit to the department within thirty days of issuance of a permit.
The department shall submit the current list of all retail permits issued to the department of health and human services by the last day of SF 612.2129.H (1) 91 -12- md 12/17 each quarter of a state fiscal year.
Section 453A.47A, subsection 7, paragraph a, unnumbered paragraph 11, , Code 2025, is amended to read as follows:
A permit shall not be granted or issued until the applicant has paid the fees provided for to the department required in this section for the next period ending on June 30 next, tto the eitycity eior eeuntycounty qrantinmiregranting athe rrcrc.permit.
Section 453A.47A, subsection 9, unnumbered paragraph 11, , Code 2025, is amended to read as follows:
Retail permits shall be issued only upon applications, accompanied by the fee indicated above, made upon forms furnished by the department upon written request.request .
The failure the failure to Applications,furnish anysuch supportingforms documentation,shall andbe theno associatedexcuse feesfor requiredthe byfailure thisto sectionfile shallthe beform submittedunless toabsolute therefusal departmentis electronically.shown.
Applications, any supporting documentation, and the associated fees required by this section shall be submitted to the department electronically.
SenateSec. File 612, p.
13 Sec.
Section 453A.47A, subsection 10, paragraph bb, , Code 2025, is amended to read as follows:
NEW SUBSECTION.SUBSECTION .
Any certification form, notice, and supporting documentation and any payment required to be SF 612.2129.H (1) 91 -13- md 13/17 submitted to the department pursuant to this section shall be submitted to the department electronically, unless the director has permitted submission of such information through an alternative method pursuant to section 453A.57.
NEW SUBSECTION.SUBSECTION .
NEW SUBSECTION.SUBSECTION .
453A.57 Submitting documents ——— alternative method.
A person subject to this chapter who is required to submit an application, bond, fee, report, return, remittance, or other documentation electronically and who is unable to do so, may request permission from the director to make a submission using Senatean Filealternative 612,method. p.
14 an alternative method.
Section 453D.5, subsection 11, , Code 2025, is amended to read as follows:
No1. later than twenty calendar days after the end of each calendar quarter, and more frequently if so directed by the director, each stamping agent and distributor shall submit information as the director requires to facilitate compliance with this chapter, including but not limited to a list by brand family of the total number of cigarettes, or, in the case of roll-your-own tobacco, the equivalent stick count, for which the stamping agent or distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for the cigarettes.
No later than twenty calendar days after the end of each calendar quarter, and more frequently if so directed by the director, each stamping agent and distributor shall submit information as the director requires to facilitate compliance with this chapter, including but not limited to a list by brand family of the total number of cigarettes, or, in the case of roll-your-own tobacco, the equivalent stick count, for which SF 612.2129.H (1) 91 -14- md 14/17 the stamping agent or distributor affixed stamps during the previous calendar quarter or otherwise paid the tax due for the cigarettes.
Violations of this subsection are subject to civil penalties as established in section 453A.31, subsection 11, , paragraph b“b”. -.
The Code editor is directed to place new section 453A.57, as enacted by this division of this Act, in subchapter IV titled "Uniformed“Uniformed Application of ChapterChapter”. -.
CITY BUDGET CERTIFICATION DEADLINE ——— FY 2025-2026.
As used in this section, "qualified“qualified citycity” - means a city in this state having a population between twenty thousand four Senatehundred Fileand 612,twenty p.thousand five hundred, according to the 2020 federal decennial census.
152. hundred and twenty thousand five hundred, according to the 2020 federal decennial census.
Notwithstandinga. any provision of section 384.16 to the contrary, a qualified city that failed to certify a budget as required in section 384.16 for the fiscal year beginning July 1, 2025, may comply with the requirements in section 384.16 by certifying the budget on or before July 1 , 2025.
Notwithstanding any provision of section 384.16 to the contrary, a qualified city that failed to certify a budget as required in section 384.16 for the fiscal year beginning July 1, 2025, may comply with the requirements in section SF 612.2129.H (1) 91 -15- md 15/17 384.16 by certifying the budget on or before July 1, 2025.
A qualified city that complies with the requirements of paragraph "a"“a” is not required to conduct a hearing as required in section 384.16 or 384.18.
In addition, the provisions of section 384.19 allowing persons affected by the budget to file a written protest with the county auditor do not apply to the qualified city'scity’s budget for the fiscal year beginning July 11, , 2025.
This division of this Act, being deemed of immediate importance, takes effect upon enactment.enactment.> DIVISION III HISTORIC PRESERVATION TAX CREDIT Sec.
DIVISION III HISTORIC PRESERVATION TAX CREDIT Sec.
Section 404A.2, subsection 44, , paragraph a, Code 2025, is amended to read as follows:
For a tax credit claimed by an eligible taxpayer or a transferee for qualified rehabilitation projects with agreements entered into on or after July 11, , 2014, the following percentage of any credit in excess of the taxpayer'staxpayer’s tax liability for the tax year may be refunded:
(1) For the tax year beginning on or after January 11, , 2023, but before January 1, 2024, ninety-five percent.
(2) For the tax year beginning on or after January 1, 2024, but before January 11, , 2025, ninety percent.
(3) For the tax year beginning on or after January 1, 2025, but beferebefore January 1, 2026, cightyeighty-five fivcpercent. perccnt.
(4) For the tax yyear -ar beginning on or aftcrafter January 11, , 2026, but bcforcbefore January 11, , 2027, cightyeighty perccnt.percent.
(5) ((3) 3) For tax years beginning on or after January 11, , 2027 2025, ocvcntyseventy-five fivc one hundred percent.
SenateSec. File 612, p.
16 Sec.
This division of this Act applies retroactively to January 11, , 2025, for tax years SF 612.2129.H (1) 91 -16- md 16/17 beginning on or after that date.
AMY2. SINCjGIIR PAT GRASSLE President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 612, Ninety-first General Assembly.
W.Title page, by striking lines 1 through 4 and inserting <An Act relating to state and local taxation and regulations by changing certain tax credits, cigarette and tobacco-related regulations, and certain city budget certification deadlines, providing for penalties, and including retroactive applicability and effective date provisions.> SF 612.2129.H (1) 91 -17- md 17/17
CHARLES SMITHSON Secr-ta y of =e Senate Approved SPZ%WL V , 2025 KIM -E' OLDS Governor