Text: SSB03193 Text: SSB03195 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 421.70 ELECTRONIC COMMERCE DATA 1 2 COLLECTION. 1 3 1. SHORT TITLE. This section shall be known and may be 1 4 cited as the "Electronic Commerce and New Economy Data 1 5 Collection Act". 1 6 2. PURPOSE. The purpose of this section is to require the 1 7 department of revenue and finance to begin collecting valid 1 8 Iowa-specific data concerning the extent of electronic 1 9 commerce within Iowa, and to expand the number of factors used 1 10 when projecting estimated net gains or losses in tax revenues 1 11 from electronic commerce. 1 12 3. DEFINITIONS. As used in this section: 1 13 a. "Electronic commerce" means business-to-consumer sales 1 14 conducted via the internet that is subject to taxation levied 1 15 under chapter 422, division IV, or chapter 423. Electronic 1 16 commerce includes, but is not limited to, the sale of tangible 1 17 and intangible goods. 1 18 b. "Electronic commerce vendor" means a person engaged in 1 19 business-to-consumer sales of goods or services. 1 20 c. "Person" means a natural person or via the internet any 1 21 other entity subject to retail sales and use taxation under 1 22 chapter 422, division IV, or chapter 423. 1 23 4. ANNUAL REPORT. The department shall collect primary 1 24 and supplementary data to accurately measure the level of 1 25 electronic commerce activity within the state. The primary 1 26 data set shall include, but is not limited to, the number of 1 27 electronic commerce vendors domiciled within the state, if 1 28 obtainable; gross retail sales of electronic commerce vendors 1 29 domiciled within the state; an estimate of the number of in- 1 30 state electronic commerce transactions conducted by persons 1 31 within the state boundaries based on accepted standards of 1 32 scientific sampling; an estimate of the number of out-of-state 1 33 electronic commerce transactions conducted by persons within 1 34 the state boundaries based on accepted standards of scientific 1 35 sampling; an estimate of the total value of electronic 2 1 commerce transactions conducted by persons within state 2 2 boundaries during a fiscal year; a reliable estimate of the 2 3 use tax revenue that is uncollected due to out-of-state 2 4 electronic commerce; and a reliable estimate of income, 2 5 property, excise, and other revenues paid to the state and its 2 6 political subdivisions by electronic commerce vendors. 2 7 Collection of primary data shall be considered part of the 2 8 department's normal duties and shall not require an additional 2 9 budgetary appropriation. The department shall supplement 2 10 primary data with information supplied by the United States 2 11 department of commerce department, the United States census 2 12 bureau, the United States small business administration, any 2 13 other federal agency collecting electronic commerce data, and 2 14 if obtainable, affiliated state data centers. The department 2 15 may use information gathered from private, academic, and 2 16 nongovernmental entities provided that the source and 2 17 methodology is clearly stated within the text of the report. 2 18 The department shall not cite, as authoritative sources, 2 19 studies conducted by private, academic, and nongovernmental 2 20 entities that are speculative in nature or based on 2 21 unscientific methods. In addition, the department shall 2 22 include an analysis of the financial impact increased sales 2 23 and use tax collection requirements would have on in-state 2 24 companies engaged in electronic commerce. The data shall be 2 25 compiled in the form of an annual report to be delivered to 2 26 the general assembly no later than February 1 of each year. 2 27 5. REPEAL. This section is repealed March 1, 2005. 2 28 Sec. 2. Section 422.43, subsection 15, unnumbered 2 29 paragraph 2, Code Supplement 2001, is amended by striking the 2 30 unnumbered paragraph. 2 31 Sec. 3. Section 423.1, subsection 13, unnumbered paragraph 2 32 2, Code Supplement 2001, is amended by striking the unnumbered 2 33 paragraph. 2 34 Sec. 4. SALES TAX SIMPLIFICATION MULTISTATE 2 35 DISCUSSIONS. 3 1 1. AGREEMENT. Delegates appointed pursuant to subsection 3 2 2 shall enter into multistate discussions on behalf of this 3 3 state to consider whether this state should enter into an 3 4 agreement with one or more other states to do all of the 3 5 following: 3 6 a. Simplify and modernize sales and use tax administration 3 7 in order to substantially reduce the burden of tax compliance 3 8 for sellers and for all types of commerce. 3 9 b. Establish standards for sales and use tax compliance 3 10 software and service providers. 3 11 c. Establish performance standards for multistate sellers. 3 12 2. DELEGATES. For the purposes of this section, delegates 3 13 shall be appointed as follows: 3 14 a. One delegate shall be a member of the house of 3 15 representatives who is appointed by the speaker of the house 3 16 of representatives. 3 17 b. One delegate shall be a member of the senate who is 3 18 appointed by the majority leader of the senate. 3 19 c. Two delegates shall be appointed by the governor, at 3 20 least one of whom shall be the director of revenue and finance 3 21 or the director's designee. 3 22 3. RECOMMENDATIONS. After meeting with similar 3 23 delegations from other states, the delegates shall make 3 24 recommendations to the general assembly regarding the issues 3 25 the delegates are required to consider under subsection 1 and 3 26 any other issue the general assembly may require the delegates 3 27 to consider. 3 28 4. LEGISLATION. If the delegates determine that this 3 29 state should enter into an agreement with one or more other 3 30 states, the delegates shall recommend the preparation of 3 31 legislation to bring this state into substantial compliance 3 32 with the agreement as a result of the multistate discussions 3 33 required by this section. 3 34 5. DEFINITIONS. In this section, unless the context 3 35 otherwise requires: 4 1 a. "Agreement" means an interstate agreement for 4 2 simplification and uniformity of taxation among member states 4 3 in order to reduce the burden of tax compliance for sellers 4 4 and for all types of commerce. 4 5 b. "Seller" means a person that sells, leases, or rents 4 6 tangible personal property or a service. 4 7 c. "State" means a state of the United States and the 4 8 District of Columbia. 4 9 d. "Tax" or "taxes" means the state sales and use taxes 4 10 imposed under chapter 422, division IV, and chapter 423, or a 4 11 similar tax imposed by a political subdivision of this state. 4 12 6. REPEAL. This section is repealed June 30, 2004. 4 13 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 4 14 immediate importance, takes effect upon enactment. 4 15 EXPLANATION 4 16 This bill deals with the state sales and use taxes by 4 17 requiring the department of revenue and finance to begin 4 18 collecting data concerning the extent of electronic commerce 4 19 within Iowa and the net gains or losses in tax revenues as a 4 20 result of electronic commerce. 4 21 The bill also strikes the repeal of current law that 4 22 provides that for the sales tax a sale of tangible personal 4 23 property does not occur if the transaction is delivered 4 24 digitally, electronically, or utilizing cable, or by radio 4 25 waves, microwaves, or fiber optics, and under the use tax, 4 26 that tangible personal property does not include any substance 4 27 delivered digitally, electronically, or utilizing cable, or by 4 28 radio waves, microwaves, or fiber optics. 4 29 The bill establishes a committee of delegates to enter into 4 30 multistate discussions on behalf of Iowa on the question of 4 31 simplifying and modernizing the sales and use taxes. 4 32 The bill takes effect upon enactment. 4 33 LSB 7165SC 79 4 34 mg/cf/24
Text: SSB03193 Text: SSB03195 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 27 03:30:52 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03100/SSB03194/020326.html
jhf