House Study Bill 646 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON WAYS
                                            AND MEANS BILL BY
                                            CHAIRPERSON SHOMSHOR)


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

                                      A BILL FOR

  1 An Act relating to providing sales, use, and property tax
  2    exemptions for certain web search portal businesses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6471HC 82
  5 mg/rj/24

PAG LIN



  1  1    Section 1.  Section 423.3, Code Supplement 2007, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  93.  a. (1)  The sales price from the sale
  1  4 or rental of computers and equipment that are necessary for
  1  5 the maintenance and operation of a web search portal business
  1  6 and property whether directly or indirectly connected to the
  1  7 computers, including but not limited to cooling systems,
  1  8 cooling towers, and other temperature control infrastructure;
  1  9 power infrastructure for transformation, distribution, or
  1 10 management of electricity used for the maintenance and
  1 11 operation of the web search portal business, including but not
  1 12 limited to exterior dedicated business=owned substations,
  1 13 back=up power generation systems, battery systems, and related
  1 14 infrastructure; and racking systems, cabling, and trays, which
  1 15 are necessary for the maintenance and operation of the web
  1 16 search portal business.
  1 17    (2)  The sales price of back=up power generation fuel, that
  1 18 is purchased by a web search portal business for use in the
  1 19 items listed in subparagraph (1).
  1 20    (3)  The sales price of electricity purchased for use by a
  1 21 web search portal business.
  1 22    b.  For the purpose of claiming this exemption, all of the
  1 23 following requirements shall be met:
  1 24    (1)  The purchaser or renter shall be a web search portal
  1 25 business.
  1 26    (2)  The web search portal business shall have a physical
  1 27 location in the state that is used for the operations and
  1 28 maintenance of the web search portal business.
  1 29    (3)  The web search portal business shall make a minimum
  1 30 investment in an Iowa physical location of two hundred million
  1 31 dollars within the first six years of operation in Iowa
  1 32 beginning with the date the web search portal business
  1 33 initiates site preparation activities.  The minimum investment
  1 34 includes the initial investment, including land and subsequent
  1 35 acquisition of additional adjacent land and subsequent
  2  1 investment at the Iowa location.
  2  2    (4)  The web search portal business shall purchase, option,
  2  3 or lease Iowa land not later than December 31, 2008, for any
  2  4 initial investment.  However, the December 31, 2008, date
  2  5 shall not affect the future purchases of adjacent land and
  2  6 additional investment in the initial or adjacent land to
  2  7 qualify as part of the minimum investment for purposes of this
  2  8 exemption.
  2  9    c.  This exemption applies from the date of the initial
  2 10 investment in or the initiation of site preparation activities
  2 11 for the web search portal facility as described in paragraph
  2 12 "b".  For purposes of claiming this exemption, the
  2 13 requirements may be met by aggregating the various Iowa
  2 14 investments and other requirements of the web search portal
  2 15 business's affiliates.  This exemption applies to affiliates
  2 16 of the web search portal business.
  2 17    d.  Failure to meet eighty percent of the minimum
  2 18 investment amount requirement specified in paragraph "b"
  2 19 within the first six years of operation from the date the web
  2 20 search portal business initiates site preparation activities
  2 21 will result in the web search portal business losing the right
  2 22 to claim this web search portal business exemption and the web
  2 23 search portal business shall pay all sales or use tax that
  2 24 would have been due on the purchase or rental or use of the
  2 25 items listed in this exemption, plus any applicable penalty
  2 26 and interest imposed by statute.
  2 27    e.  For purposes of this subsection:
  2 28    (1)  "Affiliate" means an entity that directly or
  2 29 indirectly controls, is controlled with or by, or is under
  2 30 common control with another entity.
  2 31    (2)  "Control" means any of the following:
  2 32    (a)  In the case of a United States corporation, the
  2 33 ownership, directly or indirectly, of fifty percent or more of
  2 34 the voting power to elect directors.
  2 35    (b)  In the case of a foreign corporation, if the voting
  3  1 power to elect the directors is less than fifty percent, the
  3  2 maximum amount allowed by applicable law.
  3  3    (c)  In the case of an entity other than a corporation,
  3  4 fifty percent or more ownership interest in the entity, or the
  3  5 power to direct the management of the entity.
  3  6    (3)  "Web search portal business" means an entity whose
  3  7 business among other businesses is to provide a search portal
  3  8 to organize information; to access, search, and navigate the
  3  9 internet, including research and development to support
  3 10 capabilities to organize information; or to provide internet
  3 11 access, navigation, or search functionalities.
  3 12    Sec. 2.  Section 427.1, Code Supplement 2007, is amended by
  3 13 adding the following new subsection:
  3 14    NEW SUBSECTION.  36.  WEB SEARCH PROPERTY.
  3 15    a.  Property, other than land and buildings and other
  3 16 improvements, that is utilized by a web search portal business
  3 17 as defined in and meeting the requirements of section 423.3,
  3 18 subsection 93, including computers and equipment that are
  3 19 necessary for the maintenance and operation of a web search
  3 20 portal business and other property whether directly or
  3 21 indirectly connected to the computers, including but not
  3 22 limited to cooling systems, cooling towers, and other
  3 23 temperature control infrastructure; power infrastructure for
  3 24 transformation, distribution, or management of electricity,
  3 25 including but not limited to exterior dedicated business=owned
  3 26 substations, and power distribution systems which are not
  3 27 subject to assessment under chapter 437A; racking systems,
  3 28 cabling, and trays; and back=up power generation systems,
  3 29 battery systems, and related infrastructure all of which are
  3 30 necessary for the maintenance and operation of the web search
  3 31 portal business.
  3 32    b.  This web search portal business exemption applies
  3 33 beginning with the assessment year the investment in or
  3 34 construction of the facility utilizing the materials,
  3 35 equipment, and systems set forth in paragraph "a" are first
  4  1 assessed.  For purposes of claiming this web search portal
  4  2 business exemption, the requirements may be met by aggregating
  4  3 the various Iowa investments and other requirements of the web
  4  4 search portal business's affiliates as allowed under section
  4  5 423.3, subsection 93.  This exemption applies to affiliates of
  4  6 the web search portal business.
  4  7    Sec. 3.  IMPLEMENTATION.  Section 25B.7 does not apply to
  4  8 the property tax exemption enacted in this Act.
  4  9                           EXPLANATION
  4 10    This bill provides a sales and use tax exemption for the
  4 11 sale or rental of computers and equipment that are necessary
  4 12 for the maintenance and operation of a web search portal
  4 13 business and property that is directly or indirectly connected
  4 14 to the computers; the sale of back=up power generation fuel;
  4 15 and electricity used in the operation and maintenance of the
  4 16 web search portal business.
  4 17    To qualify for the sales and use tax exemption, the
  4 18 purchaser or renter must be a web search portal business, the
  4 19 web search portal business must have a physical location in
  4 20 the state that is used for the operations and maintenance of
  4 21 the web search portal business, the business must have a
  4 22 minimum investment within the first six years of operation in
  4 23 Iowa of $200 million, and the business must purchase, option,
  4 24 or lease land in the state not later than December 31, 2008.
  4 25    The bill also provides a property tax exemption for
  4 26 property utilized by a web search portal business as defined
  4 27 in and meeting the qualifications of the provisions for the
  4 28 sales and use tax exemption.
  4 29    Code section 25B.7 does not apply to the property tax
  4 30 exemption in the bill.  That Code section requires state
  4 31 funding to implement a property tax exemption.
  4 32 LSB 6471HC 82
  4 33 mg/rj/24