Bills › 89th General Assembly

Where it is now

  1. Done: IntroducedFebruary 22, 2022
  2. Done: SubcommitteeFebruary 22, 2022
  3. Done: Senate committeeMarch 2, 2022
  4. Skipped: Passes the SenateContinued as SF 2370
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Became SF 2370 → Its progress continues under the new number. Go to SF 2370 What’s a funnel?

What’s in it

AI summary Aircraft manufacturers and dealers will face new rules for using special certificates to test or sell planes, including a three-year limit on how long they can hold one and a higher annual fee. These certificates will now expire on October 31 instead of June 30. Additionally, the state will stop requiring aircraft to be used for specific commercial flights to qualify for sales tax exemptions on parts and repair services.1

Read the official explanation

SPECIAL CERTIFICATES. Under current law, an aircraft manufacturer or dealer may operate an aircraft for purposes of transporting, testing, demonstrating, or selling the aircraft without registering the aircraft by obtaining a special certificate from the department of transportation (DOT). This bill limits the period a manufacturer or dealer may operate the aircraft under a special certificate to three years. The bill increases the annual fee for a special certificate from $100 to $400, and provides that a special certificate expires at midnight on October rather than midnight on June 30. The bill provides that the DOT may refuse to issue, or may revoke or suspend, a special certificate if the person making application for, or holding, the special certificate operated such an aircraft after three years of holding a special certificate for the aircraft in violation of the bill.21 are required to be deposited in the state aviation fund. The bill specifies that fees received by the DOT for the issuance of special certificates must also be deposited in the state aviation fund, in accordance with the current practice. _____ special certificates issued by the DOT that are valid for a period beginning after midnight on June 30, 2022. The bill provides that special certificates issued by the DOT that are valid for a period beginning after midnight on June 30, 2022, but beginning before midnight on October 31, 2022, shall expire at midnight on October 31, 2023, and the validity period for such special certificates shall count as only one year for purposes of the bill.40 provides that any person who violates any of the provisions of Code chapter 328 shall be guilty of a fraudulent practice.13. SALES AND USE TAX EXEMPTIONS.3 exempts from the Iowa sales and use tax, among other things, the sale, rental, or use of aircraft component parts permanently attached to an aircraft, including repair or replacement materials or parts, and repair, remodeling, and maintenance services used on an aircraft, aircraft engine, or aircraft component materials or parts, provided the aircraft is used in either a scheduled or nonscheduled interstate federal aviation administration (FAA) certified air carrier operation (scheduled or nonscheduled FAA operation). The bill removes the requirement that the aircraft be used in a scheduled or nonscheduled FAA operation to qualify for the exemption. The sale, rental, or use of the component parts and services described above will be exempt from the sales and use tax when permanently attached to or performed on any aircraft. The bill defines “aircraft” to mean the same as it does for purposes of Code chapter 328 (aeronautics), which includes any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, for the purpose of transporting persons or property, or both. _____ relating to the sales and use tax exemption described in the bill and to the sales and use tax exemption for the sale or rental of aircraft used in a scheduled FAA operation.

Full bill text · What changed before it passed2

Senate subcommittee

Named February 22, 2022. Meeting: Wednesday, March 2 · 8:30 AM · Room 217 Conference Room.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill changes the time limit for operating aircraft under special certificates, increases the annual fee for those certificates, and expands sales tax exemptions for aircraft repair and maintenance. It is estimated to increase revenue to the State Aviation Fund by $9,000 per year beginning in fiscal year 2023. However, the bill is estimated to reduce revenues to the General Fund, the Secure an Advanced Vision for Education (SAVE) Fund, and the local option sales tax (LOST) by $0.5 million, $0.1 million, and $0.1 million respectively for fiscal years 2023 through 2028.3

Read the fiscal note

Description

Senate File 2370 creates a three-year time limit within which aircraft may be operated under a special certificate as provided for in Iowa Code section 328.28. The Bill also increases the annual special certificate fee from $100 to $400 and changes the expiration from midnight on June 30 to midnight on October 31.

The Bill also expands the existing aircraft repair and maintenance sales and use tax exemption to include aircraft that are not used in scheduled or nonscheduled interstate Federal Aviation Administration (FAA) certified air carrier operations.

Background

761 IAC 750.30 limits the time aircraft can be operated under a special certificate to two years. Nationally, state sales tax laws relating to aircraft maintenance can be broken down into four basic categories:

  • States with no sales tax.
  • States exempting all aircraft maintenance from sales tax.
  • States with a limited sales tax exemption for aircraft maintenance.
  • States with a sales tax and no exemption for aircraft maintenance.

Assumptions

  • A total of 30 special certificate holders will be subject to the increased annual special certificate fee.
  • According to the FAA website, there are 3,305 aircraft registered in Iowa. All aviation activities other than commercial air service and military operations will become eligible for the expanded exemption under the Bill. The number of aircraft affected will be 88.0% of aircraft registered in Iowa, or 2,900 aircraft.
  • The estimated repair costs per aircraft per year are $3,500, calculated using an average cost of repairs and maintenance of $35 per flight hour and the average flight time for general aviation pilots of 100 hours per year.
  • The total cost of repairs and maintenance exempted under this Bill is $10.2 million, based on 2,900 aircraft with an average cost of repairs and maintenance of $3,500 per year.
  • Growth trends in future fiscal years are based on the United States Bureau of Labor and Statistics Producer’s Price Index (PPI) average estimated increases of 0.8% from FY 2023 to FY 2028.

Fiscal Impact

Senate File 2370 is estimated to increase revenue to the State Aviation Fund by $9,000 per year beginning in FY 2023.

Senate File 2370 is estimated to reduce revenues to the General Fund, Secure an Advanced Vision for Education (SAVE) Fund, and local option sales tax (LOST) by the amounts listed below.

Sources

  • Department of Transportation
  • Department of Revenue
  • Federal Aviation Administration
  • LSA analysis and calculations

The estimate held steady

  1. $9,000 March 23, 2022
  2. $9,000 June 24, 2022 · final
4

Reading a fiscal note5

Iowa Code it changes

Amends§328.28§328.29§328.32§328.34§328.36§423.3

How the Code works6

Lobbying

9 for · 0 against · 4 undecided · Who →

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89th General Assembly