Text: S03290                            Text: S03292
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Senate Amendment 3291

Amendment Text

PAG LIN
  1  1    Amend Senate File 136 as follows:
  1  2    #1.  Page 6, by inserting after line 3 the
  1  3 following:
  1  4    "Sec.    .  Section 422.45, subsection 2, Code
  1  5 1999, is amended to read as follows:
  1  6    2.  The gross receipts from the sales, furnishing,
  1  7 or service of transportation service except the rental
  1  8 of recreational vehicles or recreational boats, except
  1  9 the rental of motor vehicles subject to registration
  1 10 which are registered for a gross weight of thirteen
  1 11 tons or less for a period of sixty days or less, and
  1 12 except the rental of aircraft for a period of sixty
  1 13 days or less.  This exemption does not apply to the
  1 14 transportation of electric energy.
  1 15    Sec. 150.  Section 422.45, subsection 2, Code 1999,
  1 16 is amended to read as follows:
  1 17    2.  The gross receipts from the sales, furnishing,
  1 18 or service of transportation service except the rental
  1 19 of recreational vehicles or recreational boats, except
  1 20 the rental of motor vehicles subject to registration
  1 21 which are registered for a gross weight of thirteen
  1 22 tons or less for a period of sixty days or less, and
  1 23 except the rental of aircraft for a period of sixty
  1 24 days or less.  This exemption does not apply to the
  1 25 transportation of natural gas."
  1 26    #2.  Page 13, by inserting after line 35 the
  1 27 following:
  1 28    Sec.    .  Section 422B.8, unnumbered paragraph 1,
  1 29 Code 1999, is amended to read as follows:
  1 30    A local sales and services tax at the rate of not
  1 31 more than one percent may be imposed by a county on
  1 32 the gross receipts taxed by the state under chapter
  1 33 422, division IV.  A local sales and services tax
  1 34 shall be imposed on the same basis as the state sales
  1 35 and services tax and may shall not be imposed on the
  1 36 sale of any property or on any service not taxed by
  1 37 the state, except the tax shall not be imposed on the
  1 38 gross receipts from the sale of motor fuel or special
  1 39 fuel as defined in chapter 452A, on the gross receipts
  1 40 from the rental of rooms, apartments, or sleeping
  1 41 quarters which are taxed under chapter 422A during the
  1 42 period the hotel and motel tax is imposed, on the
  1 43 gross receipts from the sale of natural gas or
  1 44 electric energy in a city or county where the gross
  1 45 receipts are subject to a franchise fee or user fee
  1 46 during the period the franchise or user fee is
  1 47 imposed, on the gross receipts from the sale of
  1 48 equipment by the state department of transportation,
  1 49 on the gross receipts from the sale of self-propelled
  1 50 building equipment, pile drivers, motorized
  2  1 scaffolding, or attachments customarily drawn or
  2  2 attached to self-propelled building equipment, pile
  2  3 drivers, and motorized scaffolding, including
  2  4 auxiliary attachments which improve the performance,
  2  5 safety, operation, or efficiency of the equipment and
  2  6 replacement parts and are directly and primarily used
  2  7 by contractors, subcontractors, and builders for new
  2  8 construction, reconstruction, alterations, expansion,
  2  9 or remodeling of real property or structures, and on
  2 10 the gross receipts from the sale of a lottery ticket
  2 11 or share in a lottery game conducted pursuant to
  2 12 chapter 99E.  A local sales and services tax is
  2 13 applicable to transactions within those incorporated
  2 14 and unincorporated areas of the county where it is
  2 15 imposed and shall be collected by all persons required
  2 16 to collect state gross receipts taxes.  All cities
  2 17 contiguous to each other shall be treated as part of
  2 18 one incorporated area and the tax would be imposed in
  2 19 each of those contiguous cities only if the majority
  2 20 of those voting in the total area covered by the
  2 21 contiguous cities favor its imposition.
  2 22    Sec. 200.  Section 422B.8, unnumbered paragraphs 1
  2 23 and 3, Code 1999, are amended to read as follows:
  2 24    A local sales and services tax at the rate of not
  2 25 more than one percent may be imposed by a county on
  2 26 the gross receipts taxed by the state under chapter
  2 27 422, division IV.  A local sales and services tax
  2 28 shall be imposed on the same basis as the state sales
  2 29 and services tax or in the case of the use of natural
  2 30 gas, natural gas service, electricity, or electric
  2 31 service on the same basis as the state use tax and may
  2 32 not be imposed on the sale of any property or on any
  2 33 service not taxed by the state, except the tax shall
  2 34 not be imposed on the gross receipts from the sale of
  2 35 motor fuel or special fuel as defined in chapter 452A,
  2 36 on the gross receipts from the rental of rooms,
  2 37 apartments, or sleeping quarters which are taxed under
  2 38 chapter 422A during the period the hotel and motel tax
  2 39 is imposed, on the gross receipts from the sale of
  2 40 natural gas or electric energy in a city or county
  2 41 where the gross receipts are subject to a franchise
  2 42 fee or user fee during the period the franchise or
  2 43 user fee is imposed, on the gross receipts from the
  2 44 sale of equipment by the state department of
  2 45 transportation, and on the gross receipts from the
  2 46 sale of a lottery ticket or share in a lottery game
  2 47 conducted pursuant to chapter 99E and except the tax
  2 48 shall not be imposed on the gross receipts from the
  2 49 sale or use of natural gas, natural gas service,
  2 50 electricity, or electric service in a city or county
  3  1 where the gross receipts from the sale of natural gas
  3  2 or electric energy are subject to a franchise fee or
  3  3 user fee during the period the franchise or user fee
  3  4 is imposed.  A local sales and services tax is
  3  5 applicable to transactions within those incorporated
  3  6 and unincorporated areas of the county where it is
  3  7 imposed and shall be collected by all persons required
  3  8 to collect state gross receipts taxes.  All cities
  3  9 contiguous to each other shall be treated as part of
  3 10 one incorporated area and the tax would be imposed in
  3 11 each of those contiguous cities only if the majority
  3 12 of those voting in the total area covered by the
  3 13 contiguous cities favor its imposition.
  3 14    A tax permit other than the state tax permit
  3 15 required under section 422.53 or 423.10 shall not be
  3 16 required by local authorities.
  3 17    Sec. 201.  Section 422B.8, Code 1999, is amended by
  3 18 adding the following new unnumbered paragraph:
  3 19    NEW UNNUMBERED PARAGRAPH.  If a local sales and
  3 20 services tax is imposed by a county pursuant to this
  3 21 chapter, a local excise tax at the same rate shall be
  3 22 imposed by the county on the purchase price of natural
  3 23 gas, natural gas service, electricity, or electric
  3 24 service subject to tax under chapter 423 and not
  3 25 exempted from tax by any provision of chapter 423.
  3 26 The local excise tax is applicable only to the use of
  3 27 natural gas, natural gas service, electricity, or
  3 28 electric service within those incorporated and
  3 29 unincorporated areas of the county where it is imposed
  3 30 and, except as otherwise provided in this chapter,
  3 31 shall be collected and administered in the same manner
  3 32 as the local sales and services tax.  For purposes of
  3 33 this chapter, "local sales and services tax" shall
  3 34 also include the local excise tax.
  3 35    Sec. 202.  Section 422B.9, subsection 2, paragraph
  3 36 b, Code 1999, is amended to read as follows:
  3 37    b.  The ordinance of a county board of supervisors
  3 38 imposing a local sales and services tax shall adopt by
  3 39 reference the applicable provisions of the appropriate
  3 40 sections of chapter 422, division IV and chapter 423.
  3 41 All powers and requirements of the director to
  3 42 administer the state gross receipts tax law and use
  3 43 tax law are applicable to the administration of a
  3 44 local sales and services tax law and the local excise
  3 45 tax, including but not limited to, the provisions of
  3 46 section 422.25, subsection 4, sections 422.30, 422.48
  3 47 to 422.52, 422.54 to 422.58, 422.67, 422.68, 422.69,
  3 48 subsection 1, and sections 422.70 to 422.75, 423.6,
  3 49 subsections 2 to 4, and sections 423.11 to 423.18, and
  3 50 423.21.  Local officials shall confer with the
  4  1 director of revenue and finance for assistance in
  4  2 drafting the ordinance imposing a local sales and
  4  3 services tax.  A certified copy of the ordinance shall
  4  4 be filed with the director as soon as possible after
  4  5 passage."
  4  6    #3.  Page 14, by inserting after line 24 the
  4  7 following:
  4  8    "Sec. 203.  Section 422E.1, subsection 1, Code
  4  9 1999, is amended by adding the following new
  4 10 unnumbered paragraph:
  4 11    NEW UNNUMBERED PARAGRAPH.  If a local sales and
  4 12 services tax for school infrastructure is imposed by a
  4 13 county pursuant to this chapter, a local excise tax
  4 14 for school infrastructure at the same rate shall be
  4 15 imposed by the county on the purchase price of natural
  4 16 gas, natural gas service, electricity, or electric
  4 17 service subject to tax under chapter 423 and not
  4 18 exempted from tax by any provision of chapter 423.
  4 19 The local excise tax for school infrastructure is
  4 20 applicable only to the use of natural gas, natural gas
  4 21 service, electricity, or electric service within those
  4 22 incorporated and unincorporated areas of the county
  4 23 where it is imposed and, except as otherwise provided
  4 24 in this chapter, shall be collected and administered
  4 25 in the same manner as the local sales and services tax
  4 26 for school infrastructure.  For purposes of this
  4 27 chapter, "local sales and services tax for school
  4 28 infrastructure" shall also include the local excise
  4 29 tax for school infrastructure.
  4 30    Sec. 204.  Section 422E.3, subsection 2, Code 1999,
  4 31 is amended to read as follows:
  4 32    2.  The tax shall be imposed on the same basis as
  4 33 the state sales and services tax or in the case of the
  4 34 use of natural gas, natural gas service, electricity,
  4 35 or electric service on the same basis as the state use
  4 36 tax and shall not be imposed on the sale of any
  4 37 property or on any service not taxed by the state,
  4 38 except the tax shall not be imposed on the gross
  4 39 receipts from the sale of motor fuel or special fuel
  4 40 as defined in chapter 452A, on the gross receipts from
  4 41 the rental of rooms, apartments, or sleeping quarters
  4 42 which are taxed under chapter 422A during the period
  4 43 the hotel and motel tax is imposed, on the gross
  4 44 receipts from the sale of equipment by the state
  4 45 department of transportation, and on the gross
  4 46 receipts from the sale of a lottery ticket or share in
  4 47 a lottery game conducted pursuant to chapter 99E and
  4 48 except the tax shall not be imposed on the gross
  4 49 receipts from the sale or use of natural gas, natural
  4 50 gas service, electricity, or electric service in a
  5  1 city or county where the gross receipts from the sale
  5  2 of natural gas or electric energy are subject to a
  5  3 franchise fee or user fee during the period the
  5  4 franchise or user fee is imposed.
  5  5    Sec.    .  Section 422E.3, subsection 2, Code 1999,
  5  6 is amended to read as follows:
  5  7    2.  The tax shall be imposed on the same basis as
  5  8 the state sales and services tax and shall not be
  5  9 imposed on the sale of any property or on any service
  5 10 not taxed by the state, except the tax shall not be
  5 11 imposed on the gross receipts from the sale of motor
  5 12 fuel or special fuel as defined in chapter 452A, on
  5 13 the gross receipts from the rental of rooms,
  5 14 apartments, or sleeping quarters which are taxed under
  5 15 chapter 422A during the period the hotel and motel tax
  5 16 is imposed, on the gross receipts from the sale of
  5 17 equipment by the state department of transportation,
  5 18 on the gross receipts from the sale of self-propelled
  5 19 building equipment, pile drivers, motorized
  5 20 scaffolding, or attachments customarily drawn or
  5 21 attached to self-propelled building equipment, pile
  5 22 drivers, and motorized scaffolding, including
  5 23 auxiliary attachments which improve the performance,
  5 24 safety, operation, or efficiency of the equipment, and
  5 25 replacement parts and are directly and primarily used
  5 26 by contractors, subcontractors, and builders for new
  5 27 construction, reconstruction, alterations, expansion,
  5 28 or remodeling of real property or structures, and on
  5 29 the gross receipts from the sale of a lottery ticket
  5 30 or share in a lottery game conducted pursuant to
  5 31 chapter 99E.
  5 32    Sec. 205.  Section 422E.3, subsection 3, Code 1999,
  5 33 is amended to read as follows:
  5 34    3.  The tax is applicable to transactions within
  5 35 the county where it is imposed and shall be collected
  5 36 by all persons required to collect state gross
  5 37 receipts or local excise taxes.  The amount of the
  5 38 sale, for purposes of determining the amount of the
  5 39 tax, does not include the amount of any state gross
  5 40 receipts or excise taxes or other local option sales
  5 41 or excise taxes.  A tax permit other than the state
  5 42 tax permit required under section 422.53 or 423.10
  5 43 shall not be required by local authorities."
  5 44    #4.  Page 39, by inserting after line 8 the
  5 45 following:
  5 46    "   .  Section 150 of this Act, amending section
  5 47 422.45, subsection 2, as it relates to the
  5 48 transportation of natural gas, takes effect April 1,
  5 49 2000."
  5 50    #5.  Page 39, by inserting after line 11 the
  6  1 following:
  6  2    "   .  Sections 200, 201, 202, 203, 204, and 205 of
  6  3 this Act, amending chapters 422B and 422E, take effect
  6  4 May 1, 1999." 
  6  5 
  6  6 
  6  7                               
  6  8 LARRY McKIBBEN 
  6  9 
  6 10 
  6 11                               
  6 12 PATRICIA HARPER 
  6 13 
  6 14 
  6 15                               
  6 16 JoANN JOHNSON 
  6 17 
  6 18 
  6 19                               
  6 20 MICHAEL E. GRONSTAL 
  6 21 SF 136.502 78
  6 22 mg/jw
     

Text: S03290                            Text: S03292
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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