Bill Text: IA SF2273 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act recognizing gold and silver coin as legal tender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-13 - Subcommittee Meeting: 02/14/2024 10:00AM Room 217 Conference Room. [SF2273 Detail]

Download: Iowa-2023-SF2273-Introduced.html
Senate File 2273 - Introduced SENATE FILE 2273 BY ALONS A BILL FOR An Act recognizing gold and silver coin as legal tender. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5776XS (1) 90 jm/jh
S.F. 2273 Section 1. Section 524.805, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. A state bank shall receive deposits 3 in gold and silver coins recognized as legal tender pursuant 4 to section 535.6, and shall denominate and segregate accounts 5 containing gold and silver coins from other forms of currency. 6 Withdrawals shall be made in the same currency as deposits 7 unless converted from one form of currency to another form of 8 currency. 9 Sec. 2. NEW SECTION . 533.332 Acceptance of deposits of gold 10 and silver. 11 A state credit union shall receive deposits in gold 12 and silver coins recognized as legal tender pursuant to 13 section 535.6, and shall denominate and segregate accounts 14 containing gold and silver coins from other forms of currency. 15 Withdrawals shall be made in the same currency as deposits 16 unless converted from one form of currency to another form of 17 currency. 18 Sec. 3. NEW SECTION . 535.6 Gold and silver coin —— legal 19 tender. 20 1. For the purposes of this section: 21 a. “Financial transaction” means a transaction that requires 22 and stipulates the payment of, or by the terms of which is 23 payable in, some medium of exchange, currency, or money. 24 b. “Legal tender” means a medium of exchange, currency, or 25 money that may be accepted in a financial transaction in this 26 state. 27 2. a. Gold and silver coin issued by the federal government 28 is legal tender in this state. Any person may use gold 29 or silver coin, or both, as legal tender in a financial 30 transaction to which that person is a party. 31 b. If a financial transaction by its terms requires 32 that payment shall be made in gold or silver coin, the only 33 allowable medium of exchange for payment of the transaction 34 shall be gold or silver coin. 35 -1- LSB 5776XS (1) 90 jm/jh 1/ 4
S.F. 2273 c. If a financial transaction by its terms requires that 1 payment be made in some medium of exchange other than gold or 2 silver coin, the parties may mutually agree to payment of the 3 transaction with gold or silver coin at such rate of exchange 4 between the other medium of exchange originally stipulated in 5 the transaction and gold or silver coin as the parties may deem 6 appropriate. 7 d. A person shall not compel any other person to accept 8 gold and silver coin as legal tender. The designation of 9 gold and silver coin as legal tender pursuant to this section 10 shall not preclude or prejudice the use by any person for any 11 legal purpose of any medium of exchange, currency, or money, 12 in addition to gold and silver coin, which has been designated 13 legal tender under the laws of the United States. 14 3. A transaction entered into by a person which involves the 15 exchange of any gold or silver coin which is legal tender for 16 some medium of exchange other than gold or silver coin which 17 has been designated legal tender shall not be subject to any 18 sales, excise, gross receipts, income, capital gains, or other 19 form of tax or charge authorized under the laws of this state. 20 Sec. 4. GOLD AND SILVER COIN DEPOSITORY —— STUDY. The 21 division of banking of the department of insurance and 22 financial services shall conduct a study to evaluate 23 establishing a state gold and silver coin depository whereby 24 customers could utilize debit cards linked to gold and silver 25 coin investments to transfer gold and silver coins between 26 accounts. In conducting the study, the division shall consider 27 similar depositories established or in the process of being 28 established in other states. The division shall assess the 29 advantages, disadvantages, implementation of, and estimated 30 utilization of such a depository, and shall submit a report 31 containing its recommendations to the general assembly by 32 January 1, 2025. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 5776XS (1) 90 jm/jh 2/ 4
S.F. 2273 the explanation’s substance by the members of the general assembly. 1 This bill provides that gold and silver coin issued by the 2 federal government is legal tender in Iowa. 3 The bill provides that any person may use gold or silver 4 coin, or both, as legal tender in a financial transaction to 5 which that person is a party. The bill defines a “financial 6 transaction” to mean a transaction that requires and stipulates 7 the payment of, or by the terms of which is payable in, some 8 medium of exchange, currency, or money. The bill defines 9 “legal tender” to mean a medium of exchange, currency, or money 10 that may be accepted in a financial transaction in Iowa. 11 The bill states that if a financial transaction by its 12 terms requires that payment shall be made in gold or silver 13 coin, the only allowable medium of exchange for payment of 14 the transaction shall be gold or silver coin. If a financial 15 transaction by its terms requires that payment be made in some 16 medium of exchange other than gold or silver coin, the bill 17 states that the parties may mutually agree to payment of the 18 transaction with gold or silver coin at such rate of exchange 19 between the other medium of exchange originally stipulated in 20 the transaction and gold or silver coin as the parties may 21 deem appropriate. The bill provides that a person may not 22 compel any other person to accept gold and silver coin as legal 23 tender, and that designation of gold and silver coin as legal 24 tender shall not preclude or prejudice the use by any person 25 for any legal purpose of any medium of exchange, currency, or 26 money, in addition to gold and silver coin, which has been 27 designated legal tender under the laws of the United States. 28 The bill states that a transaction entered into by a person 29 which involves the exchange of any gold or silver coin which 30 is legal tender for some medium of exchange other than gold or 31 silver coin which has been designated legal tender shall not be 32 subject to any sales, excise, gross receipts, income, capital 33 gains, or other form of tax or public charge under the laws of 34 this state. 35 -3- LSB 5776XS (1) 90 jm/jh 3/ 4
S.F. 2273 The bill directs the division of banking of the department 1 of insurance and financial services to conduct a study to 2 evaluate establishing a state gold and silver coin depository 3 whereby customers could utilize debit cards linked to gold 4 and silver coin investments to transfer gold and silver coins 5 between accounts. In conducting the study, the division is 6 directed to consider similar depositories established or in the 7 process of being established in other states, and to assess the 8 advantages, disadvantages, implementation of, and estimated 9 utilization of such a depository. The division is required to 10 submit a report containing its recommendations to the general 11 assembly by January 1, 2025. 12 -4- LSB 5776XS (1) 90 jm/jh 4/ 4
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