Text: HF02241                           Text: HF02243
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2242

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  422F.1  SHORT TITLE.
  1  2    This chapter may be cited as the "Adult Enterprises Excise
  1  3 Tax Act".
  1  4    Sec. 2.  NEW SECTION.  422F.2  DEFINITIONS.
  1  5    For purposes of this chapter, unless the context otherwise
  1  6 requires:
  1  7    1.  "Adult enterprise" means a business that sells, leases,
  1  8 or rents obscene material or allows or permits an entertainer
  1  9 to expose the genitalia, buttocks, or the nipple of female
  1 10 breasts and the business is prohibited from admitting minors
  1 11 to the premises of the business under section 728.3.
  1 12    2.  "Lease or rental" means any transfer of possession or
  1 13 control of tangible personal property for a fixed or
  1 14 indeterminate term for consideration.  A "lease or rental" may
  1 15 include a future option to purchase or extend.
  1 16    3.  "Obscene material" means the same as the term is
  1 17 defined in section 728.1.
  1 18    4.  "Sales" or "sale" means any transfer, exchange, or
  1 19 barter, conditional or otherwise, in any manner or by any
  1 20 means whatsoever, for consideration.
  1 21    5.  "Sales price" means the total amount of consideration,
  1 22 including cash, credit, property, and services, for which
  1 23 personal property or services are sold, leased, or rented,
  1 24 valued in money, whether received in money or otherwise,
  1 25 without any deduction of any of the following:
  1 26    a.  The seller's cost of the property sold.
  1 27    b.  The cost of materials used, labor or service cost,
  1 28 interest, losses, costs of transportation to the seller, taxes
  1 29 imposed on the seller, or any other expenses of the seller.
  1 30    c.  Charges by the seller for any services necessary to
  1 31 complete the sale, other than delivery or installation
  1 32 charges.
  1 33    d.  Delivery charges.
  1 34    e.  Installation charges.
  1 35    Sec. 3.  NEW SECTION.  422F.3  TAX IMPOSED.
  2  1    1.  An adult enterprise excise tax according to and
  2  2 measured by gross receipts is imposed on an adult enterprise
  2  3 for the privilege of doing business in this state as an adult
  2  4 enterprise.  The tax is imposed at the rate of twenty-five
  2  5 percent upon the sales price of the sale, lease, or rental of
  2  6 tangible or intangible property, upon the sales price from the
  2  7 furnishing of services, and upon the sales price of all sales
  2  8 of tickets and admissions by the adult enterprise.
  2  9    2.  The adult enterprise shall collect the tax by adding
  2 10 the tax to the sales price.
  2 11    3.  The adult enterprise excise tax levied shall be in
  2 12 addition to any state sales tax imposed under section 423.2.
  2 13 Section 422.25, subsection 4, sections 422.30, 422.67, and
  2 14 422.68, section 422.69, subsection 1, sections 422.70 to
  2 15 422.75, section 423.14, subsection 1, and sections 423.23,
  2 16 423.24, 423.25, 423.31, 423.33, 423.35, 423.37 to 423.42, and
  2 17 423.47, consistent with the provisions of this chapter, apply
  2 18 with respect to the adult enterprise excise tax authorized
  2 19 under this chapter, in the same manner and with the same
  2 20 effect as if the tax was a retail sales tax within the meaning
  2 21 of those statutes.  Notwithstanding this subsection, the
  2 22 director of revenue shall provide for quarterly filing of
  2 23 returns and for other than quarterly filing of returns, both
  2 24 as prescribed in section 423.31.  The director of revenue may
  2 25 require all persons, as defined in section 423.1, who are
  2 26 engaged in the business of deriving any sales price subject to
  2 27 tax under this chapter, to register with the department of
  2 28 revenue.
  2 29    Sec. 4.  NEW SECTION.  422F.4  DEPOSIT OF REVENUE.
  2 30    The revenue arising from the tax imposed under this chapter
  2 31 shall be credited to the victim compensation fund established
  2 32 in section 915.94 and is appropriated to the department of
  2 33 justice to provide grants to care providers providing services
  2 34 to crime victims of domestic abuse or to crime victims of rape
  2 35 and sexual assault.  
  3  1                           EXPLANATION
  3  2    This bill imposes an adult enterprise excise tax at the
  3  3 rate of 25 percent of the sales price of all sales, leases,
  3  4 rentals, services furnished, or admissions by an adult
  3  5 enterprise.  An adult enterprise is a business that sells,
  3  6 leases, or rents obscene material or allows or permits an
  3  7 entertainer to expose genitalia, buttocks, or the nipple of
  3  8 the female breast and the business is prohibited from
  3  9 admitting minors.  The tax revenues are deposited into the
  3 10 victim compensation fund and are appropriated to the
  3 11 department of justice for the purposes of providing grants to
  3 12 care providers providing services to crime victims of domestic
  3 13 abuse or of rape and sexual assault.  
  3 14 LSB 6045HT 80
  3 15 mg/pj/5
     

Text: HF02241                           Text: HF02243
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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