Text: HF02124 Text: HF02126 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 422.45, Code Supplement 1999, is 1 2 amended by adding the following new subsection: 1 3 NEW SUBSECTION. 57. a. The first one hundred ten dollars 1 4 of the gross receipts from the sale of each item of clothing, 1 5 each pair of shoes or other items of footwear, and each item 1 6 used or consumed to make or repair an item of clothing which 1 7 item becomes a physical component part of the item of 1 8 clothing, when the item of clothing, pair of shoes or other 1 9 items of footwear, or items that become a physical component 1 10 part of an item of clothing is sold at retail during the 1 11 period beginning at 12:01 a.m. on Saturday preceding the 1 12 calendar week in which the first day of school may begin 1 13 pursuant to section 279.10, subsection 1, and ending at 1 14 midnight on the following Sunday of each calendar year. 1 15 b. The exemption in this subsection does not apply to any 1 16 of the following: 1 17 (1) Special clothing or footwear that is primarily 1 18 designed for athletic activity or protective use and that is 1 19 not normally worn except when used for the athletic activity 1 20 or protective use for which it is designed. 1 21 (2) Accessories, including jewelry, handbags, luggage, 1 22 umbrellas, wallets, watches, and similar items carried on or 1 23 about the human body, without regard to whether worn on the 1 24 body in a manner characteristic of clothing. 1 25 (3) The rental of clothing or footwear. 1 26 c. The application of the exemption in this subsection to 1 27 a local sales and services tax imposed under chapter 422B or a 1 28 local sales and services tax for school infrastructure 1 29 purposes under chapter 422E shall be determined in the manner 1 30 provided in section 422B.8A or section 422E.3, subsection 2A, 1 31 respectively. 1 32 Sec. 2. NEW SECTION. 422B.8A APPLICATION OF STATE 1 33 EXEMPTION. 1 34 Notwithstanding the requirement in section 422B.8 that the 1 35 local sales and services tax shall not be imposed on the sale 2 1 of any property or on any service not taxed by the state, the 2 2 board of supervisors of a county where a local sales and 2 3 services tax is imposed may void the application of the 2 4 exemption provided in section 422.45, subsection 57, to the 2 5 local sales and services tax by passing an ordinance 2 6 specifying that such exemption does not apply. However, prior 2 7 to the voting on the ordinance, a public hearing shall be 2 8 held. The public hearing shall be held not later than two 2 9 weeks prior to the vote on the ordinance. The vote on the 2 10 ordinance shall be held not later than four weeks prior to the 2 11 first exemption period under section 422.45, subsection 57, to 2 12 which the ordinance will apply. Once the ordinance is passed, 2 13 it shall apply to the first exemption period specified in 2 14 section 422.45, subsection 57, following passage of the 2 15 ordinance and for all subsequent exemption periods until the 2 16 ordinance is repealed. The repeal of an ordinance shall be 2 17 accomplished by following the same procedure under this 2 18 section as provided for the original passage of the ordinance. 2 19 Sec. 3. Section 422E.3, Code Supplement 1999, is amended 2 20 by adding the following new subsection: 2 21 NEW SUBSECTION. 2A. Notwithstanding the requirement in 2 22 subsection 2 that the local sales and services tax shall not 2 23 be imposed on the sale of any property or on any service not 2 24 taxed by the state, the board of supervisors of a county where 2 25 a local sales and services tax is imposed may void the 2 26 application of the exemption provided in section 422.45, 2 27 subsection 57, to the local sales and services tax by passing 2 28 an ordinance specifying that such exemption does not apply. 2 29 However, prior to the voting on the ordinance, a public 2 30 hearing shall be held. The public hearing shall be held not 2 31 later than two weeks prior to the vote on the ordinance. The 2 32 vote on the ordinance shall be held not later than four weeks 2 33 prior to the first exemption period under section 422.45, 2 34 subsection 57, to which the ordinance will apply. Once the 2 35 ordinance is passed, it shall apply to the first exemption 3 1 period specified in section 422.45, subsection 57, following 3 2 passage of the ordinance and for all subsequent exemption 3 3 periods until the ordinance is repealed. The repeal of an 3 4 ordinance shall be accomplished by following the same 3 5 procedure under this subsection as provided for the original 3 6 passage of the ordinance. 3 7 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 3 8 immediate importance, takes effect upon enactment. 3 9 EXPLANATION 3 10 This bill provides for an annual exemption from the state 3 11 sales and use taxes that applies to sales made during the last 3 12 weekend preceding the official opening of public school for K- 3 13 12 students. The exemption applies to the first $110 of the 3 14 gross receipts from the sale of each item of clothing, each 3 15 pair of shoes or other footwear, and each item used to repair 3 16 clothing. The exemption does not apply to special clothing or 3 17 footwear designed and primarily used for athletic or 3 18 protective purposes, accessories such as jewelry, handbags, 3 19 watches, and other similar items that are carried on or about 3 20 the body, and rental clothing or footwear. 3 21 The exemption applies to the local option sales and 3 22 services tax imposed under Code chapters 422B and 422E unless 3 23 the board of supervisors enacts an ordinance specifying that 3 24 the temporary exemption does not apply to those local option 3 25 taxes. 3 26 The bill takes effect upon enactment. 3 27 LSB 5134HH 78 3 28 mg/as/5
Text: HF02124 Text: HF02126 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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