Senate File 393 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON WAYS
                                           AND MEANS

                                       (SUCCESSOR TO SSB 1294)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act authorizing the rebate of state sales tax to the owner or
  2    operator of a sanctioned automobile racetrack facility.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 3065SV 81
  5 mg/cf/24

PAG LIN



  1  1    Section 1.  FINDINGS.  The general assembly finds that a
  1  2 nationally sanctioned automobile racetrack facility in Iowa
  1  3 would result in a substantial economic benefit to the state
  1  4 and would offer thousands of spectators the opportunity to
  1  5 experience and discover Iowa.
  1  6    The general assembly further finds that the development of
  1  7 the racetrack facility and surrounding entertainment complex
  1  8 would enhance the economic development of the area through an
  1  9 increase in tourism.
  1 10    The general assembly further finds that the rebate of state
  1 11 sales tax collected at the racetrack facility and
  1 12 entertainment complex to assist in the development of such
  1 13 facility and complex would further tourism and is a public
  1 14 purpose for which state funds may be used.
  1 15    Sec. 2.  Section 423.4, Code 2005, is amended by adding the
  1 16 following new subsection:
  1 17    NEW SUBSECTION.  4.  a.  For purposes of this subsection:
  1 18    (1)  "Automobile racetrack facility" means a sanctioned
  1 19 automobile racetrack facility located as part of a racetrack
  1 20 and entertainment complex located in a city with a population
  1 21 of at least fourteen thousand five hundred but not more than
  1 22 sixteen thousand five hundred residents, which city is located
  1 23 in a county with a population of at least thirty=five thousand
  1 24 but not more than forty thousand residents and where the
  1 25 construction on the racetrack facility commenced not later
  1 26 than one year following the enactment of this Act and the cost
  1 27 of the construction upon completion was at least thirty
  1 28 million dollars.
  1 29    (2)  "Owner or operator" means a for=profit entity that is
  1 30 the owner or operator of an automobile racetrack facility and
  1 31 that is primarily a promoter of motor vehicle races.
  1 32    (3)  "Population" means the population based upon the 2000
  1 33 certified federal census.
  1 34    b.  The owner or operator of an automobile racetrack
  1 35 facility may apply to the department for a rebate of sales tax
  2  1 imposed and collected by retailers upon sales of any goods,
  2  2 wares, merchandise, or services furnished to purchasers at the
  2  3 automobile racetrack facility.
  2  4    c.  The rebate may be obtained only in the following
  2  5 amounts and manner and only under the following conditions:
  2  6    (1)  On forms furnished by the department within the time
  2  7 period provided by the department by rule, which time period
  2  8 shall not be longer than quarterly.
  2  9    (2)  The owner or operator shall provide information as
  2 10 deemed necessary by the department.
  2 11    (3)  The transactions for which sales tax was collected and
  2 12 the rebate is sought occurred on or after January 1, 2006, but
  2 13 before January 1, 2016.  However, not more than twelve million
  2 14 five hundred thousand dollars in total rebates shall be
  2 15 provided pursuant to this subsection.
  2 16    d.  To assist the department in determining the amount of
  2 17 the rebate, the owner or operator shall identify to the
  2 18 department retailers located at the automobile racetrack
  2 19 facility who will be collecting sales tax.  The department
  2 20 shall verify such identity and shall establish a separate
  2 21 automobile racetrack facility rebate account in the state
  2 22 treasury.  The department shall deposit into the rebate
  2 23 account all sales taxes received from the identified retailers
  2 24 located at the automobile racetrack facility.  The moneys in
  2 25 the rebate account are appropriated to the department for
  2 26 disbursement as provided in this subsection.  For purposes of
  2 27 this subsection, advance ticket and admissions sales shall be
  2 28 considered occurring at the automobile racetrack facility
  2 29 regardless of where the transactions actually occur.
  2 30    e.  Upon determining that the conditions and requirements
  2 31 of this subsection and the department are met, the department
  2 32 shall issue a warrant to the owner or operator in the amount
  2 33 equal to the balance in the rebate account as of the end of
  2 34 the month preceding the month the application for a rebate was
  2 35 received.
  3  1    f.  Only the state sales tax is subject to rebate.  Any
  3  2 local option taxes paid and collected shall not be subject to
  3  3 rebate under this subsection.
  3  4    g.  Any moneys remaining in the rebate account upon the
  3  5 repeal of this subsection, as provided in paragraph "h", shall
  3  6 be transferred to the general fund of the state.
  3  7    h.  This subsection is repealed June 30, 2016, or thirty
  3  8 days following the date on which twelve million five hundred
  3  9 thousand dollars in total rebates have been provided,
  3 10 whichever is the earlier.
  3 11                           EXPLANATION
  3 12    This bill authorizes the department of revenue to rebate
  3 13 sales tax collected by retailers on purchases made at an
  3 14 automobile racetrack facility.  To be eligible for the rebate
  3 15 the facility must be located in a city, with a population
  3 16 between 14,500 and 16,500, which is located in a county with a
  3 17 population between 35,000 and 40,000.  The person eligible to
  3 18 receive the rebate is the owner or operator of the sanctioned
  3 19 automobile racetrack facility.  Construction on the facility
  3 20 must commence not later than one year following enactment of
  3 21 the bill and the cost of the construction upon completion must
  3 22 be at least $30 million.
  3 23    The rebate of sales tax is only of the sales tax collected
  3 24 on transactions occurring on or after January 1, 2006, and
  3 25 before January 1, 2016.
  3 26    The rebate only applies to the state sales tax collected
  3 27 and not to any local option sales tax and is limited to a
  3 28 total of $12.5 million in rebates.
  3 29    The rebate provision is repealed June 30, 2016, or when
  3 30 $12.5 million has been rebated, whichever occurs earlier.
  3 31 LSB 3065SV 81
  3 32 mg:nh/cf/24