Text: HF02124                           Text: HF02126
Text: HF02100 - HF02199                 Text: HF Index
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House File 2125

Partial Bill History

Bill Text

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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