Back to Iowa

SF2069 • 2026

A bill for an act imposing a tax on the transportation of liquefied carbon dioxide through pipelines, and providing for penalties.

A bill for an act imposing a tax on the transportation of liquefied carbon dioxide through pipelines, and providing for penalties.

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
KLIMESH
Last action
2026-02-04
Official status
Subcommittee recommends passage.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act imposing a tax on the transportation of liquefied carbon dioxide through pipelines, and providing for penalties.

A bill for an act imposing a tax on the transportation of liquefied carbon dioxide through pipelines, and providing for penalties.

What This Bill Does

  • A bill for an act imposing a tax on the transportation of liquefied carbon dioxide through pipelines, and providing for penalties.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-04 Iowa Legislature

    Subcommittee recommends passage.

  2. 2026-02-02 Iowa Legislature

    Subcommittee Meeting: 02/04/2026 10:00AM Lobbyist Lounge.

  3. 2026-01-22 Iowa Legislature

    Subcommittee: Dawson, Bisignano, and Schultz. S.J. 133 .

  4. 2026-01-21 Iowa Legislature

    Introduced, referred to Ways and Means. S.J. 119 .

Official Summary Text

A bill for an act imposing a tax on the transportation of liquefied carbon dioxide through pipelines, and providing for penalties.

Current Bill Text

Read the full stored bill text
Senate

File

2069

-

Introduced

SENATE

FILE

2069

BY

KLIMESH

A

BILL

FOR

An

Act

imposing

a

tax

on

the

transportation

of

liquefied

carbon

1

dioxide

through

pipelines,

and

providing

for

penalties.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

5917XS

(5)

91

jm/jh

S.F.

2069

Section

1.

Section

438.3,

Code

2026,

is

amended

by

adding

1

the

following

new

subsection:

2

NEW

SUBSECTION

.

13.

Whether

liquefied

carbon

dioxide

is

3

transported

though

or

within

the

state

through

the

pipelines

4

owned,

operated,

or

leased

by

the

pipeline

company,

and

whether

5

the

liquefied

carbon

dioxide

being

transported

is

used

in

6

enhanced

oil

recovery.

As

used

in

this

subsection,

“enhanced

7

oil

recovery”

means

the

same

as

defined

in

section

438A.1.

8

Sec.

2.

NEW

SECTION

.

438A.1

Definitions.

9

As

used

in

this

section:

10

1.

“Department”

means

the

department

of

revenue.

11

2.

“Director”

means

the

director

of

revenue.

12

3.

“Enhanced

oil

recovery”

means

an

advanced

oil

extraction

13

technique

to

remove

stranded

crude

oil

from

a

reservoir

after

14

the

use

of

primary

or

secondary

extraction

techniques.

15

4.

“Pipeline

company”

means

any

person,

partnership,

16

association,

corporation,

or

syndicate

that

may

own

or

operate

17

or

be

engaged

in

operating

or

utilizing

pipelines,

for

the

18

purpose

of

transporting

liquefied

carbon

dioxide

as

permitted

19

pursuant

to

chapter

479B.

20

Sec.

3.

NEW

SECTION

.

438A.2

Taxation

procedure.

21

Every

person,

partnership,

association,

corporation,

or

22

syndicate

that

is

engaged

in

the

business

of

transporting

23

liquefied

carbon

dioxide

by

means

of

pipelines

permitted

24

pursuant

to

chapter

479B,

whether

such

pipelines

be

owned

or

25

leased,

shall

be

taxed

as

provided

in

this

chapter.

26

Sec.

4.

NEW

SECTION

.

438A.3

Administration

——

rules.

27

1.

The

department

shall

administer

and

enforce

the

tax

28

imposed

by

this

chapter.

29

2.

The

department

shall

adopt

rules

pursuant

to

chapter

17A

30

to

administer

this

chapter.

31

Sec.

5.

NEW

SECTION

.

438A.4

Imposition

of

tax

——

notice.

32

1.

In

addition

to

any

other

tax

imposed

in

this

state,

there

33

shall

be

a

tax

imposed

at

a

rate

of

two

dollars

and

fifty

cents

34

per

metric

ton

of

liquefied

carbon

dioxide

transported

by

a

35

-1-

LSB

5917XS

(5)

91

jm/jh

1/

11

S.F.

2069

pipeline

company

within

or

through

this

state

by

means

of

a

1

pipeline

to

any

recipient

located

within

or

outside

the

state.

2

2.

Notwithstanding

subsection

1,

the

rate

shall

be

one

3

dollar

per

metric

ton

of

liquefied

carbon

dioxide

transported

4

by

a

pipeline

company

within

or

through

this

state

by

means

of

5

a

pipeline

to

any

recipient

located

within

or

outside

the

state

6

for

use

in

enhanced

oil

recovery.

7

3.

A

pipeline

company

subject

to

taxation

under

this

section

8

shall

notify

the

department

of

the

date

when

liquefied

carbon

9

dioxide

begins

to

be

transported

through

or

within

the

state

10

and

to

what

extent

the

liquefied

carbon

dioxide

will

be

used

11

for

enhanced

oil

recovery.

12

Sec.

6.

NEW

SECTION

.

438A.5

Return

and

payment

13

requirements.

14

1.

Each

pipeline

company,

on

or

before

March

31

following

15

a

tax

year

in

which

a

pipeline

company

transported

liquefied

16

carbon

dioxide

subject

to

tax

imposed

under

this

chapter,

shall

17

file

a

return

with

the

director

including

but

not

limited

to

18

the

following

information:

19

a.

The

total

taxable

metric

tons

of

liquefied

carbon

dioxide

20

transported

through

or

within

the

state

subject

to

tax

imposed

21

pursuant

to

section

438A.4,

subsection

1.

22

b.

The

total

taxable

metric

tons

of

liquefied

carbon

dioxide

23

transported

through

or

within

the

state

subject

to

tax

imposed

24

pursuant

to

section

438A.4,

subsection

2.

25

c.

The

tax

imposed

by

section

438A.4

due

for

the

tax

year.

26

2.

In

addition

to

the

information

under

subsection

1,

27

the

pipeline

company

shall

submit

sufficient

information

28

accompanying

the

tax

return,

to

the

satisfaction

of

the

29

department,

that

verifies

the

amount

of

the

liquefied

carbon

30

dioxide

transported

through

the

state

that

is

subject

to

tax

31

under

section

438A.4,

subsection

1

or

2.

32

3.

A

return

shall

be

signed

by

an

officer,

or

other

person

33

duly

authorized

by

the

pipeline

company,

and

must

be

certified

34

as

correct.

35

-2-

LSB

5917XS

(5)

91

jm/jh

2/

11

S.F.

2069

Sec.

7.

NEW

SECTION

.

438A.6

Revenues.

1

All

revenues

received

from

imposition

of

the

tax

under

2

this

chapter

shall

be

deposited

into

the

taxpayer

relief

fund

3

created

in

section

8.57E.

4

Sec.

8.

NEW

SECTION

.

438A.7

Failure

to

file

return

——

5

incorrect

return.

6

1.

As

soon

as

practicable

after

a

return

required

by

7

section

438A.5

is

filed,

and

in

any

event

within

three

years

8

after

such

return

is

filed,

the

department

shall

examine

the

9

return,

determine

the

tax

due

if

the

return

is

found

to

be

10

incorrect,

and

give

notice

to

the

taxpayer

of

the

determination

11

as

provided

in

subsection

2.

The

period

for

the

examination

12

and

determination

of

the

correct

amount

of

tax

is

unlimited

in

13

the

case

of

a

false

or

fraudulent

return

made

with

the

intent

14

to

evade

any

tax

or

in

the

case

of

a

failure

to

file

a

return.

15

2.

If

a

return

required

by

section

438A.5

is

not

filed,

16

or

if

such

return

when

filed

is

incorrect

or

insufficient

and

17

the

taxpayer

fails

to

file

a

corrected

or

sufficient

return

18

within

twenty

days

after

such

return

is

required

by

notice

19

from

the

department,

the

department

shall

determine

the

amount

20

of

tax

due

from

information

as

the

department

may

be

able

to

21

obtain

and,

if

necessary,

may

estimate

the

tax

due

on

the

22

basis

of

external

indices.

The

department

shall

give

notice

23

of

the

determination

to

the

taxpayer

liable

for

the

tax.

The

24

determination

shall

fix

the

tax

unless

the

taxpayer

against

25

whom

the

tax

is

levied,

within

sixty

days

after

notice

of

the

26

determination,

applies

to

the

director

for

a

hearing.

At

the

27

hearing

evidence

may

be

offered

to

support

the

determination

28

or

to

prove

that

the

determination

is

incorrect.

After

the

29

hearing

the

director

shall

give

notice

of

the

decision

to

the

30

person

liable

for

the

tax.

31

3.

The

three-year

period

of

limitation

provided

in

32

subsection

1

may

be

extended

by

the

taxpayer

by

signing

33

a

waiver

agreement

form

provided

by

the

department.

The

34

agreement

shall

stipulate

the

period

of

extension

and

the

35

-3-

LSB

5917XS

(5)

91

jm/jh

3/

11

S.F.

2069

tax

period

to

which

the

extension

applies.

The

agreement

1

shall

also

provide

that

a

claim

for

refund

may

be

filed

by

the

2

taxpayer

at

any

time

during

the

period

of

extension.

3

Sec.

9.

NEW

SECTION

.

438A.8

Judicial

review.

4

1.

Judicial

review

of

the

actions

of

the

department

may

5

be

sought

pursuant

to

chapter

17A,

the

Iowa

administrative

6

procedure

Act.

7

2.

For

cause

and

upon

a

showing

by

the

department

that

8

collection

of

the

tax

in

dispute

is

in

doubt,

the

court

may

9

order

the

petitioner

to

file

with

the

clerk

of

the

district

10

court

a

bond,

with

sureties

approved

by

the

clerk

of

the

11

district

court,

in

the

amount

of

the

tax

appealed

from,

12

conditioned

upon

the

performance

by

the

petitioner

of

any

13

orders

of

the

court.

14

3.

An

appeal

may

be

taken

by

the

pipeline

company

or

the

15

director

to

the

supreme

court

irrespective

of

the

amount

16

involved.

17

Sec.

10.

NEW

SECTION

.

438A.9

State

tax

lien

——

actions

18

authorized.

19

1.

Whenever

a

pipeline

company

who

is

liable

to

pay

a

tax

20

imposed

by

this

chapter

refuses

or

neglects

to

pay

such

tax,

21

the

amount,

including

any

interest,

penalty,

or

addition

to

22

such

tax,

together

with

the

costs

that

may

accrue,

shall

be

23

a

state

tax

lien

to

which

the

tax

is

owed

upon

all

property

24

and

rights

to

property,

whether

real

or

personal,

belonging

to

25

the

pipeline

company.

The

lien

shall

be

prior

to

and

superior

26

over

all

subsequent

liens

upon

any

personal

property

within

27

this

state,

or

right

to

such

personal

property,

belonging

28

to

the

pipeline

company,

without

the

necessity

of

recording

29

the

lien.

The

requirement

for

recording,

as

applied

to

the

30

tax

imposed

by

this

chapter,

shall

apply

only

to

a

lien

upon

31

real

property.

The

lien

may

be

preserved

against

subsequent

32

mortgagees,

purchasers,

or

judgment

creditors,

for

value

and

33

without

notice

of

the

lien,

on

any

real

property

situated

in

34

the

state

by

filing

with

the

recorder

of

the

county

in

which

35

-4-

LSB

5917XS

(5)

91

jm/jh

4/

11

S.F.

2069

the

real

property

is

located

a

notice

of

the

lien.

1

2.

The

county

recorder

of

each

county

shall

index

each

lien

2

showing

the

applicable

entries

specified

in

sections

558.49

3

and

558.52

and

showing,

under

the

names

of

taxpayers

arranged

4

alphabetically,

all

of

the

following:

5

a.

The

name

of

the

pipeline

company.

6

b.

The

state

of

Iowa

as

claimant.

7

c.

Time

the

notice

of

lien

was

filed

for

recording.

8

d.

Date

of

notice.

9

e.

Amount

of

lien

then

due.

10

f.

Date

of

assessment.

11

g.

Date

when

the

lien

is

satisfied.

12

3.

The

recorder

shall

endorse

on

each

notice

of

lien

the

13

day,

hour,

and

minute

when

filed

for

recording

and

the

document

14

reference

number,

shall

preserve

such

notice,

shall

index

the

15

notice

in

the

index,

and

shall

promptly

record

the

lien

in

the

16

manner

provided

for

recording

real

estate

mortgages.

The

lien

17

is

effective

from

the

time

of

the

indexing

of

the

lien.

18

4.

The

state

shall

pay

recording

fees

as

provided

in

19

section

331.604,

for

the

recording

of

the

lien,

or

for

its

20

satisfaction.

21

5.

Upon

the

payment

of

the

tax

as

to

which

state

has

filed

22

notice

with

a

county

recorder,

the

state

shall

promptly

file

23

with

the

recorder

a

satisfaction

of

the

tax.

The

recorder

24

shall

record

the

notice

of

satisfaction

showing

the

applicable

25

entries

specified

in

sections

558.49

and

558.52,

and

the

26

revenues

shall

be

distributed

as

provided

in

section

438A.6.

27

6.

Section

445.3

applies

with

respect

to

taxes,

penalties,

28

and

interest

imposed

by

this

chapter,

except

for

the

provisions

29

limiting

the

commencement

of

actions.

In

addition,

chapters

30

446,

447,

and

448

apply

in

the

enforcement

of

the

taxes

imposed

31

by

this

chapter,

but

any

tax

deed

issued

shall

not

extinguish

a

32

tax

lien

or

judgment

lien

for

taxes

that

have

attached

to

the

33

property.

34

Sec.

11.

NEW

SECTION

.

438A.10

Service

of

notice

——

no

35

-5-

LSB

5917XS

(5)

91

jm/jh

5/

11

S.F.

2069

limitation

on

enforcement.

1

1.

A

notice

authorized

or

required

under

this

chapter

may

be

2

given

by

mailing

the

notice

to

the

pipeline

company,

addressed

3

to

the

pipeline

company

at

the

address

given

in

the

last

return

4

filed

by

the

pipeline

company

pursuant

to

this

chapter,

or

if

5

no

return

has

been

filed,

then

to

the

most

recent

address

of

6

the

pipeline

company

obtainable.

The

mailing

of

the

notice

7

is

presumptive

evidence

of

the

receipt

of

the

notice

by

the

8

pipeline

company

to

whom

the

notice

is

addressed.

A

period

of

9

time

within

which

some

action

must

be

taken

for

which

notice

is

10

provided

under

this

section

commences

to

run

from

the

date

of

11

mailing

of

the

notice.

12

2.

There

is

no

limitation

for

the

enforcement

of

a

civil

13

remedy

pursuant

to

any

proceeding

or

action

taken

to

levy,

14

assess,

determine,

or

enforce

the

collection

of

any

tax

or

15

penalty

due

under

this

chapter.

16

Sec.

12.

NEW

SECTION

.

438A.11

Penalties

——

offenses

——

17

limitation.

18

1.

A

pipeline

company

is

subject

to

the

penalty

provisions

19

in

section

421.27

with

respect

to

any

tax

due

under

this

20

chapter.

A

pipeline

company

shall

also

pay

interest

on

the

21

delinquent

tax

at

the

rate

in

effect

under

section

421.7

for

22

each

month

computed

from

the

date

the

payment

was

due,

counting

23

each

fraction

of

a

month

as

an

entire

month.

The

penalty

and

24

interest

shall

be

paid

to

the

department

of

revenue.

Unpaid

25

penalties

and

interest

may

be

enforced

in

the

same

manner

as

26

provided

for

unpaid

replacement

tax

under

this

chapter.

27

2.

A

pipeline

company,

or

officer,

member,

or

employee

28

of

the

pipeline

company,

who

willfully

attempts

to

evade

the

29

tax

imposed

or

the

payment

of

the

tax

is

guilty

of

a

class

“D”

30

felony.

31

3.

The

issuance

of

a

certificate

by

the

department

stating

32

that

a

tax

has

not

been

paid,

that

a

return

has

not

been

filed,

33

or

that

information

has

not

been

supplied

pursuant

to

this

34

chapter

is

prima

facie

evidence

of

such

failure.

35

-6-

LSB

5917XS

(5)

91

jm/jh

6/

11

S.F.

2069

4.

A

pipeline

company,

or

officer,

member,

or

employee

1

of

the

pipeline

company,

required

to

pay

a

replacement

2

tax,

or

required

to

make,

sign,

or

file

an

annual

return

or

3

supplemental

return,

who

willfully

makes

a

false

or

fraudulent

4

annual

return,

or

who

willfully

fails

to

pay

at

least

ninety

5

percent

of

the

tax

or

willfully

fails

to

make,

sign,

or

file

6

the

annual

return,

as

required,

is

guilty

of

a

fraudulent

7

practice.

8

5.

For

purposes

of

determining

the

place

of

trial

for

a

9

violation

of

this

section,

the

situs

of

an

offense

is

in

the

10

county

of

the

residence

of

the

taxpayer,

officer,

member,

or

11

employee

of

the

taxpayer

charged

with

the

offense,

unless

12

the

taxpayer,

officer,

member,

or

employee

of

the

taxpayer

13

is

a

nonresident

of

this

state

or

the

residence

cannot

be

14

established,

in

which

event

the

situs

of

the

offense

is

in

Polk

15

county.

16

6.

Prosecution

for

an

offense

specified

in

this

section

17

shall

be

commenced

within

six

years

after

the

commission

of

the

18

offense.

19

Sec.

13.

NEW

SECTION

.

438A.12

Correction

of

errors

——

20

refunds

or

credits

of

tax

paid

——

information

confidential

——

21

penalty.

22

1.

a.

If

an

amount

of

tax,

penalty,

or

interest

has

been

23

paid

which

was

not

due

under

this

chapter,

the

department

shall

24

do

one

of

the

following:

25

(1)

Credit

the

amount

of

the

erroneous

payment

against

any

26

tax

due,

or

to

become

due,

from

the

pipeline

company.

27

(2)

Refund

the

amount

of

the

erroneous

payment

to

the

28

pipeline

company.

29

b.

Claims

for

refund

or

credit

of

taxes

paid

shall

be

30

filed

with

the

director.

A

claim

for

refund

or

credit

that

31

is

not

filed

with

the

department

within

three

years

after

the

32

tax

payment

upon

which

a

refund

or

credit

is

claimed

became

33

due,

or

one

year

after

the

tax

payment

was

made,

whichever

34

time

is

later,

shall

not

be

allowed.

A

claim

for

refund

or

35

-7-

LSB

5917XS

(5)

91

jm/jh

7/

11

S.F.

2069

credit

of

tax

alleged

to

be

unconstitutional

not

filed

with

1

the

department

within

ninety

days

after

the

tax

payment

upon

2

which

a

refund

or

credit

is

claimed

became

due

shall

not

be

3

allowed.

As

a

precondition

for

claiming

a

refund

or

credit

of

4

alleged

unconstitutional

taxes,

such

taxes

must

be

paid

under

5

written

protest

which

specifies

the

particulars

of

the

alleged

6

unconstitutionality.

Claims

for

refund

or

credit

may

only

be

7

made

by,

and

refunds

or

credits

may

only

be

made

to,

the

person

8

responsible

for

paying

the

tax,

or

such

person’s

successors.

9

Section

421.10

applies

to

denied

claims.

10

2.

It

is

unlawful

for

any

present

or

former

officer

or

11

employee

of

the

state

to

divulge

or

to

make

known

in

any

12

manner

to

any

person

the

amount

of

liquefied

carbon

dioxide

13

delivered

by

a

pipeline

company

disclosed

on

a

tax

return,

14

return

information,

or

investigative

or

audit

information.

15

A

person

who

violates

this

section

is

guilty

of

a

serious

16

misdemeanor.

If

the

offender

is

an

officer

or

employee

of

the

17

state,

such

person,

in

addition

to

any

other

penalty,

shall

18

also

be

dismissed

from

office

or

discharged

from

employment.

19

This

section

does

not

prohibit

turning

over

to

duly

authorized

20

officers

of

the

United

States

or

tax

officials

of

other

states

21

such

information

pursuant

to

agreement

between

the

director

22

and

the

secretary

of

the

treasury

of

the

United

States

or

the

23

secretary’s

delegate

or

pursuant

to

a

reciprocal

agreement

with

24

another

state.

25

3.

Unless

otherwise

expressly

permitted

by

a

section

26

referencing

this

chapter,

the

amount

of

liquefied

carbon

27

dioxide

delivered

by

a

taxpayer

in

a

service

area

shall

not

be

28

divulged

to

any

person

or

entity,

other

than

the

taxpayer,

the

29

department

of

revenue,

or

the

internal

revenue

service

for

use

30

in

a

matter

unrelated

to

tax

administration.

This

prohibition

31

precludes

persons

or

entities

other

than

the

taxpayer,

the

32

department

of

revenue,

or

the

internal

revenue

service

from

33

obtaining

such

information

from

the

department

of

revenue.

A

34

subpoena,

order,

or

process

which

requires

the

department

of

35

-8-

LSB

5917XS

(5)

91

jm/jh

8/

11

S.F.

2069

revenue

to

produce

such

information

to

a

person

or

entity,

1

other

than

the

taxpayer,

the

department

of

revenue,

or

internal

2

revenue

service,

for

use

in

a

nontax

proceeding

is

void.

3

Sec.

14.

NEW

SECTION

.

438A.13

Records.

4

Each

pipeline

company

that

is

subject

to

the

tax

imposed

5

under

this

chapter

shall

maintain

records

associated

with

6

the

tax

for

a

period

of

five

years

following

the

later

of

7

the

original

due

date

for

filing

a

return

pursuant

to

this

8

chapter

in

which

such

taxes

are

reported,

or

the

date

on

which

9

either

such

return

is

filed.

Such

records

shall

include

those

10

associated

with

any

additions

or

dispositions

of

property.

11

EXPLANATION

12

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

13

the

explanation’s

substance

by

the

members

of

the

general

assembly.

14

This

bill

imposes

a

tax

on

the

transportation

of

liquefied

15

carbon

dioxide

(carbon

dioxide)

through

pipelines.

16

In

addition

to

any

other

tax

imposed

in

this

state,

the

17

bill

imposes

a

tax

on

a

pipeline

company

at

a

rate

of

$2.50

18

per

metric

ton

of

carbon

dioxide

transported

by

the

pipeline

19

company

within

or

through

this

state

through

a

pipeline

to

any

20

recipient

located

within

or

outside

the

state.

21

The

bill

reduces

the

tax

rate

to

$1

per

metric

ton

of

carbon

22

dioxide

transported

through

or

within

the

state

if

the

carbon

23

dioxide

is

used

in

enhanced

oil

recovery.

The

bill

defines

24

“enhanced

oil

recovery”

to

mean

an

advanced

oil

extraction

25

technique

to

remove

stranded

crude

oil

from

a

reservoir

after

26

the

use

of

primary

or

secondary

extraction

techniques.

27

The

bill

directs

the

department

of

revenue

(department)

to

28

administer

and

enforce

the

tax,

and

requires

the

department

to

29

adopt

rules

to

administer

the

bill.

30

Beginning

in

2027,

every

pipeline

company

having

pipelines

31

in

the

state,

along

with

other

annual

disclosures

to

the

32

department

under

Code

section

438.3,

shall

disclose

to

the

33

department

whether

carbon

dioxide

is

transported

though

or

34

within

the

state

through

the

pipelines

owned,

operated,

or

35

-9-

LSB

5917XS

(5)

91

jm/jh

9/

11

S.F.

2069

leased

by

the

pipeline

company,

and

whether

the

carbon

dioxide

1

being

transported

is

used

in

enhanced

oil

recovery.

2

The

bill

requires

each

pipeline

company

to

file

a

return

3

before

March

31

following

the

tax

year

in

which

a

pipeline

4

company

transported

liquefied

carbon

dioxide

subject

to

the

tax

5

imposed

under

the

bill.

The

return

shall

include

all

of

the

6

following

and

any

other

requested

information:

(1)

the

total

7

taxable

metric

tons

of

liquefied

carbon

dioxide

transported

8

through

or

within

the

state

subject

to

the

$2.50

metric

ton

9

rate;

(2)

the

total

taxable

metric

tons

of

liquefied

carbon

10

dioxide

transported

through

or

within

the

state

subject

to

the

11

$1

metric

ton

rate;

and

(3)

the

amount

of

tax

due

for

the

year.

12

The

revenues

received

from

imposition

of

the

tax

under

the

13

bill

are

credited

to

the

taxpayer

relief

fund

created

in

Code

14

section

8.57E.

15

The

bill

establishes

procedures

for

the

failure

to

file

a

16

return

or

for

filing

an

incorrect

return.

17

The

bill

specifies

the

actions

of

the

department

are

18

subject

to

judicial

review

pursuant

to

Code

chapter

17A

(Iowa

19

administrative

procedures

Act).

The

bill

also

establishes

20

procedures

for

posting

a

bond

when

the

amount

of

tax

is

in

21

dispute,

and

specifies

an

appeal

may

be

taken

by

the

pipeline

22

company

or

the

director

to

the

supreme

court

irrespective

of

23

the

amount

involved.

24

The

bill

establishes

procedures

for

a

state

tax

lien

if

the

25

tax

imposed

is

not

paid.

The

lien

is

prior

to

and

superior

26

to

all

subsequent

liens

on

personal

property

within

the

27

state,

without

the

necessity

of

recording

the

lien.

The

bill

28

requires

a

lien

on

real

property

to

be

recorded.

The

lien

may

29

be

preserved

against

subsequent

mortgagees,

purchasers,

or

30

judgment

creditors,

for

value

and

without

notice

of

the

lien,

31

on

any

real

property

situated

in

the

state

by

filing

with

the

32

recorder

of

the

county

in

which

the

real

property

is

located

a

33

notice

of

the

lien.

34

The

bill

specifies

there

is

no

limitation

for

the

35

-10-

LSB

5917XS

(5)

91

jm/jh

10/

11

S.F.

2069

enforcement

of

a

civil

remedy

pursuant

to

any

proceeding

or

1

action

taken

to

levy,

appraise,

assess,

determine,

or

enforce

2

the

collection

of

any

tax

or

penalty

due

under

the

bill.

3

A

pipeline

company,

or

officer,

member,

or

employee

of

the

4

pipeline

company,

who

willfully

attempts

to

evade

the

tax

5

imposed

or

the

payment

of

the

tax

is

guilty

of

a

class

“D”

6

felony.

A

class

“D”

felony

is

punishable

by

confinement

for

7

no

more

than

five

years

and

a

fine

of

at

least

$1,025

but

8

not

more

than

$10,245.

The

bill

also

specifies

a

person

is

9

guilty

of

a

fraudulent

practice

if

the

person

willfully

files

a

10

fraudulent

return,

who

willfully

fails

to

pay

90

percent

of

the

11

tax,

or

does

not

sign

or

file

the

return.

The

bill

requires

a

12

prosecution

for

a

criminal

offense

to

be

commenced

within

six

13

years

after

the

commission

of

the

offense.

14

The

bill

establishes

procedures

for

correcting

errors

or

15

overpayment

of

taxes

by

allowing

for

refunds

or

crediting

16

overpayment

on

the

return

for

the

following

tax

year.

17

The

bill

also

specifies

the

information

provided

on

the

18

return

is

confidential

information

and

employees

of

the

19

department

that

may

have

access

to

the

return

commit

a

serious

20

misdemeanor

for

improperly

disclosing

information

about

a

21

pipeline

company’s

return.

A

serious

misdemeanor

is

punishable

22

by

confinement

for

no

more

than

one

year

and

a

fine

of

at

least

23

$430

but

not

more

than

$2,560.

24

The

bill

requires

each

pipeline

company

that

is

subject

25

to

the

tax

to

maintain

records

associated

with

the

tax

for

26

a

period

of

five

years.

The

records

shall

include

those

27

associated

with

any

additions

or

dispositions

of

property.

28

-11-

LSB

5917XS

(5)

91

jm/jh

11/

11