Text: H08573                            Text: H08575
Text: H08500 - H08599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8574

Amendment Text

PAG LIN
  1  1    Amend House File 2578 as follows:
  1  2    #1.  Page 18, line 29, by striking the words "There
  1  3 is".
  1  4    #2.  Page 18, line 30, by inserting before the word
  1  5 "appropriated" the following:
  1  6    "1.  There is".
  1  7    #3.  Page 19, by inserting after line 2 the
  1  8 following:
  1  9    "2.  There is appropriated from the general fund of
  1 10 the state to the department of agriculture and land
  1 11 stewardship for the fiscal year beginning July 1,
  1 12 2004, and ending June 30, 2005, in addition to any
  1 13 other appropriation made by the general assembly, the
  1 14 following amount, or so much thereof as is necessary,
  1 15 to be used for the purposes designated:
  1 16    For financial assistance for the establishment of
  1 17 permanent soil and water conservation practices as
  1 18 provided in the appropriation made in this Act for
  1 19 that purpose from the environment first fund:  
  1 20 .................................................. $  2,500,000"
  1 21    #4.  Page 24, by inserting after line 28 the
  1 22 following:
  1 23    "Sec.    .  NEW SECTION.  422F.1  SHORT TITLE.
  1 24    This chapter may be cited as the "Adult Enterprises
  1 25 Excise Tax Act".
  1 26    Sec.    .  NEW SECTION.  422F.2  DEFINITIONS.
  1 27    For purposes of this chapter, unless the context
  1 28 otherwise requires:
  1 29    1.  "Adult enterprise" means a business that sells,
  1 30 leases, or rents obscene material or allows or permits
  1 31 an entertainer to expose the genitalia, buttocks, or
  1 32 the nipple of female breasts and the business is
  1 33 prohibited from admitting minors to the premises of
  1 34 the business under section 728.3.
  1 35    2.  "Lease or rental" means any transfer of
  1 36 possession or control of tangible personal property
  1 37 for a fixed or indeterminate term for consideration.
  1 38 A "lease or rental" may include a future option to
  1 39 purchase or extend.
  1 40    3.  "Obscene material" means the same as the term
  1 41 is defined in section 728.1.
  1 42    4.  "Sales" or "sale" means any transfer, exchange,
  1 43 or barter, conditional or otherwise, in any manner or
  1 44 by any means whatsoever, for consideration.
  1 45    5.  "Sales price" means the total amount of
  1 46 consideration, including cash, credit, property, and
  1 47 services, for which personal property or services are
  1 48 sold, leased, or rented, valued in money, whether
  1 49 received in money or otherwise, without any deduction
  1 50 of any of the following:
  2  1    a.  The seller's cost of the property sold.
  2  2    b.  The cost of materials used, labor or service
  2  3 cost, interest, losses, costs of transportation to the
  2  4 seller, taxes imposed on the seller, or any other
  2  5 expenses of the seller.
  2  6    c.  Charges by the seller for any services
  2  7 necessary to complete the sale, other than delivery or
  2  8 installation charges.
  2  9    d.  Delivery charges.
  2 10    e.  Installation charges.
  2 11    Sec.    .  NEW SECTION.  422F.3  TAX IMPOSED.
  2 12    1.  An adult enterprise excise tax according to and
  2 13 measured by gross receipts is imposed on an adult
  2 14 enterprise for the privilege of doing business in this
  2 15 state as an adult enterprise.  The tax is imposed at
  2 16 the rate of twenty-five percent upon the sales price
  2 17 of the sale, lease, or rental of tangible or
  2 18 intangible property, upon the sales price from the
  2 19 furnishing of services, and upon the sales price of
  2 20 all sales of tickets and admissions by the adult
  2 21 enterprise.
  2 22    2.  The adult enterprise shall collect the tax by
  2 23 adding the tax to the sales price.
  2 24    3.  The adult enterprise excise tax levied shall be
  2 25 in addition to any state sales tax imposed under
  2 26 section 423.2.  Section 422.25, subsection 4, sections
  2 27 422.30, 422.67, and 422.68, section 422.69, subsection
  2 28 1, sections 422.70 to 422.75, section 423.14,
  2 29 subsection 1, and sections 423.23, 423.24, 423.25,
  2 30 423.31, 423.33, 423.35, 423.37 to 423.42, and 423.47,
  2 31 consistent with the provisions of this chapter, apply
  2 32 with respect to the adult enterprise excise tax
  2 33 authorized under this chapter, in the same manner and
  2 34 with the same effect as if the tax was a retail sales
  2 35 tax within the meaning of those statutes.
  2 36 Notwithstanding this subsection, the director of
  2 37 revenue shall provide for quarterly filing of returns
  2 38 and for other than quarterly filing of returns, both
  2 39 as prescribed in section 423.31.  The director of
  2 40 revenue may require all persons, as defined in section
  2 41 423.1, who are engaged in the business of deriving any
  2 42 sales price subject to tax under this chapter, to
  2 43 register with the department of revenue.
  2 44    Sec.    .  NEW SECTION.  422F.4  DEPOSIT OF
  2 45 REVENUE.
  2 46    The revenue arising from the tax imposed under this
  2 47 chapter shall be credited to the general fund of the
  2 48 state."
  2 49    #5.  By renumbering as necessary.  
  2 50 
  3  1 
  3  2                               
  3  3 HOGG of Linn
  3  4 HF 2578.310 80
  3  5 jp/cf
     

Text: H08573                            Text: H08575
Text: H08500 - H08599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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