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House Journal: Page 1733: Monday, April 24, 2000

30 Sec. 2. Section 422.43, Code Supplement 1999, is
31 amended by adding the following new subsection:
32 NEW SUBSECTION. 15. For purposes of this
33 division, a sale of tangible personal property does
34 not occur if the substance of the transaction is
35 delivered to the purchaser digitally, electronically,
36 or utilizing cable, or by radio waves, microwaves,
37 satellites, or fiber optics.
38 This subsection is repealed December 31, 2002.
39 Sec. 3. Section 422.45, Code Supplement 1999, is
40 amended by adding the following new subsection:
41 NEW SUBSECTION. 57. The gross receipts from the
42 services rendered, furnished, or performed of the sale
43 or rental of information services. "Information
44 services" means every business activity, process, or
45 function by which a seller or its agent accumulates,
46 prepares, organizes, or conveys data, facts,
47 knowledge, procedures, and like services to a buyer or
48 its agent of such information through any tangible or
49 intangible medium. Information accumulated, prepared,
50 or organized for a buyer or its agent is an

Page 2

1 information service even though it may incorporate
2 preexisting components of data or other information.
3 Information services include, but are not limited to,
4 database files, mailing lists, subscription files,
5 market research, credit reports, surveys, real estate
6 listings, bond rating reports, abstracts of title, bad
7 check lists, broadcasting rating services, wire
8 services, and scouting reports, or other similar
9 items.
10 Sec. 4. Section 423.1, Code Supplement 1999, is
11 amended by adding the following new subsection:
12 NEW SUBSECTION. 12A. "Tangible personal property"
13 does not include the substance of a transaction that
14 is delivered to the purchaser digitally,
15 electronically, or utilizing cable, or by radio waves,
16 microwaves, satellites, or fiber optics.
17 This subsection is repealed December 31, 2002.
18 Sec. 5.
19 1. The legislative council is requested to
20 establish an e-commerce task force to study the issues
21 e-commerce has generated under the state sales and use
22 taxes, including the status as tangible or intangible
23 property of the substance of transactions that are
24 delivered digitally, electromagnetically, or through
25 or by means of cable, satellites, or fiber optics, and
26 vendor discounts.
27 2. The members of the task force should be
28 selected by the legislative council from names


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