Text: H09047                            Text: H09049
Text: H09000 - H09099                   Text: H Index
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House Amendment 9048

Amendment Text

PAG LIN
  1  1    Amend House File 2562, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by striking lines 1 through 31 and
  1  4 inserting the following:
  1  5    "Section 1.  Section 421.17, Code Supplement 1999,
  1  6 is amended by adding the following new subsection:
  1  7    NEW SUBSECTION.  22B.  Enter into agreements or
  1  8 compacts with remote sellers, retailers, or third-
  1  9 party providers for the voluntary collection of Iowa
  1 10 sales or use taxes attributable to sales into Iowa and
  1 11 to enter into multistate agreements or compacts that
  1 12 provide for the voluntary collection of sales and use
  1 13 taxes.  The agreements or compacts shall generally
  1 14 conform to the provisions of Iowa sales and use tax
  1 15 statutes.  All fees for services, reimbursements,
  1 16 remuneration, incentives, and costs incurred by the
  1 17 department associated with these agreements or
  1 18 compacts may be paid or reimbursed from the additional
  1 19 revenue generated.  An amount is appropriated from
  1 20 amounts generated to pay or reimburse all costs
  1 21 associated with this subsection.  Persons entering
  1 22 into an agreement or compact with the department
  1 23 pursuant to this subsection are subject to the
  1 24 requirements and penalties of the confidentiality laws
  1 25 of this state regarding tax information.
  1 26 Notwithstanding any other provisions of law, the
  1 27 contract, agreement, or compact shall provide for the
  1 28 registration, collection, report, and verification of
  1 29 amounts subject to this subsection.
  1 30    Sec. 2.  Section 422.43, Code Supplement 1999, is
  1 31 amended by adding the following new subsection:
  1 32    NEW SUBSECTION.  15.  For purposes of this
  1 33 division, a sale of tangible personal property does
  1 34 not occur if the substance of the transaction is
  1 35 delivered to the purchaser digitally, electronically,
  1 36 or utilizing cable, or by radio waves, microwaves,
  1 37 satellites, or fiber optics.
  1 38    This subsection is repealed December 31, 2002.
  1 39    Sec. 3.  Section 422.45, Code Supplement 1999, is
  1 40 amended by adding the following new subsection:
  1 41    NEW SUBSECTION.  57.  The gross receipts from the
  1 42 services rendered, furnished, or performed of the sale
  1 43 or rental of information services.  "Information
  1 44 services" means every business activity, process, or
  1 45 function by which a seller or its agent accumulates,
  1 46 prepares, organizes, or conveys data, facts,
  1 47 knowledge, procedures, and like services to a buyer or
  1 48 its agent of such information through any tangible or
  1 49 intangible medium.  Information accumulated, prepared,
  1 50 or organized for a buyer or its agent is an
  2  1 information service even though it may incorporate
  2  2 preexisting components of data or other information.
  2  3 Information services include, but are not limited to,
  2  4 database files, mailing lists, subscription files,
  2  5 market research, credit reports, surveys, real estate
  2  6 listings, bond rating reports, abstracts of title, bad
  2  7 check lists, broadcasting rating services, wire
  2  8 services, and scouting reports, or other similar
  2  9 items.
  2 10    Sec. 4.  Section 423.1, Code Supplement 1999, is
  2 11 amended by adding the following new subsection:
  2 12    NEW SUBSECTION.  12A.  "Tangible personal property"
  2 13 does not include the substance of a transaction that
  2 14 is delivered to the purchaser digitally,
  2 15 electronically, or utilizing cable, or by radio waves,
  2 16 microwaves, satellites, or fiber optics.
  2 17    This subsection is repealed December 31, 2002.
  2 18    Sec. 5.
  2 19    1.  The legislative council is requested to
  2 20 establish an e-commerce task force to study the issues
  2 21 e-commerce has generated under the state sales and use
  2 22 taxes, including the status as tangible or intangible
  2 23 property of the substance of transactions that are
  2 24 delivered digitally, electromagnetically, or through
  2 25 or by means of cable, satellites, or fiber optics, and
  2 26 vendor discounts.
  2 27    2.  The members of the task force should be
  2 28 selected by the legislative council from names
  2 29 submitted to the legislative council by July 1, 2000.
  2 30 The membership shall consist of at least the
  2 31 following:
  2 32    a.  Two members from the department of revenue and
  2 33 finance.
  2 34    b.  One member representing business taxpayers.
  2 35    c.  One member representing the retailer community
  2 36 as a whole.
  2 37    d.  One member who is employed by a large state or
  2 38 national retailer.
  2 39    e.  One member who is employed by a small main
  2 40 street retailer.
  2 41    f.  One member familiar with the e-commerce
  2 42 industry.
  2 43    g.  One member who is an economist familiar with e-
  2 44 commerce issues.
  2 45    h.  One member who is a representative of local
  2 46 governments.
  2 47    i.  One member representing the taxpayers as a
  2 48 whole.
  2 49    j.  Four members who are members of the general
  2 50 assembly, two who are senators and two who are
  3  1 representatives appointed by the legislative council
  3  2 with a senator and representative representing the
  3  3 majority party and a senator and representative
  3  4 representing the minority party.
  3  5    Alternative members may be appointed for the
  3  6 nonlegislative members.
  3  7    3.  The task force shall provide the general
  3  8 assembly with a preliminary report by January 1, 2001.
  3  9 The final report with the task force's findings and
  3 10 recommendations is due by January 1, 2002."
  3 11    #2.  Title page, line 6, by inserting after the
  3 12 word "refunds," the following:  "requesting a task
  3 13 force be established,".  
  3 14 HF 2562S
  3 15 mg/cc/26
     

Text: H09047                            Text: H09049
Text: H09000 - H09099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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