Senate File 106 - Introduced



                                       SENATE FILE       
                                       BY  CONNOLLY

                                       (COMPANION TO HF 75 BY JOCHUM)


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

                                      A BILL FOR

  1 An Act relating to the sales and use taxes on the operation of
  2    bingo games.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1671SS 82
  5 mg/gg/14

PAG LIN



  1  1    Section 1.  Section 423.2, subsection 4, unnumbered
  1  2 paragraph 2, Code 2007, is amended to read as follows:
  1  3    The tax imposed under this subsection covers the total
  1  4 amount from the operation of games of skill, games of chance,
  1  5 and raffles, and bingo games as defined in chapter 99B, and
  1  6 musical devices, weighing machines, shooting galleries,
  1  7 billiard and pool tables, bowling alleys, pinball machines,
  1  8 slot=operated devices selling merchandise not subject to the
  1  9 general sales taxes, the total amount less amounts awarded as
  1 10 prizes from the operation of bingo games as defined in chapter
  1 11 99B, and on the total amount from devices or systems where
  1 12 prizes are in any manner awarded to patrons and upon the
  1 13 receipts from fees charged for participation in any game or
  1 14 other form of amusement, and generally upon the sales price
  1 15 from any source of amusement operated for profit, not
  1 16 specified in this section, and upon the sales price from which
  1 17 tax is not collected for tickets or admission, but tax shall
  1 18 not be imposed upon any activity exempt from sales tax under
  1 19 section 423.3, subsection 78.  Every person receiving any
  1 20 sales price from the sources described in this section is
  1 21 subject to all provisions of this subchapter relating to
  1 22 retail sales tax and other provisions of this chapter as
  1 23 applicable.
  1 24    Sec. 2.  Section 423B.5, unnumbered paragraph 1, Code 2007,
  1 25 is amended to read as follows:
  1 26    A local sales and services tax at the rate of not more than
  1 27 one percent may be imposed by a county on the sales price
  1 28 taxed by the state under chapter 423, subchapter II.  A local
  1 29 sales and services tax shall be imposed on the same basis as
  1 30 the state sales and services tax or in the case of the use of
  1 31 natural gas, natural gas service, electricity, or electric
  1 32 service on the same basis as the state use tax and shall not
  1 33 be imposed on the sale of any property or on any service not
  1 34 taxed by the state, except the tax shall not be imposed on the
  1 35 sales price from the sale of motor fuel or special fuel as
  2  1 defined in chapter 452A which is consumed for highway use or
  2  2 in watercraft or aircraft if the fuel tax is paid on the
  2  3 transaction and a refund has not or will not be allowed, on
  2  4 the sales price from the sale of equipment by the state
  2  5 department of transportation, on the total amount derived from
  2  6 the operation of bingo games as defined in chapter 99B, or on
  2  7 the sales price from the sale or use of natural gas, natural
  2  8 gas service, electricity, or electric service in a city or
  2  9 county where the sales price from the sale of natural gas or
  2 10 electric energy is subject to a franchise fee or user fee
  2 11 during the period the franchise or user fee is imposed.  A
  2 12 local sales and services tax is applicable to transactions
  2 13 within those incorporated and unincorporated areas of the
  2 14 county where it is imposed and shall be collected by all
  2 15 persons required to collect state sales taxes.  All cities
  2 16 contiguous to each other shall be treated as part of one
  2 17 incorporated area and the tax would be imposed in each of
  2 18 those contiguous cities only if the majority of those voting
  2 19 in the total area covered by the contiguous cities favors its
  2 20 imposition.  In the case of a local sales and services tax
  2 21 submitted to the registered voters of two or more contiguous
  2 22 counties as provided in section 423B.1, subsection 4,
  2 23 paragraph "c", all cities contiguous to each other shall be
  2 24 treated as part of one incorporated area, even if the
  2 25 corporate boundaries of one or more of the cities include
  2 26 areas of more than one county, and the tax shall be imposed in
  2 27 each of those contiguous cities only if a majority of those
  2 28 voting on the tax in the total area covered by the contiguous
  2 29 cities favored its imposition.
  2 30    Sec. 3.  Section 423E.3, subsection 2, Code 2007, is
  2 31 amended to read as follows:
  2 32    2.  The tax shall be imposed on the same basis as the state
  2 33 sales and services tax or in the case of the use of natural
  2 34 gas, natural gas service, electricity, or electric service on
  2 35 the same basis as the state use tax and shall not be imposed
  3  1 on the sale of any property or on any service not taxed by the
  3  2 state, except the tax shall not be imposed on the sales price
  3  3 from the sale of motor fuel or special fuel as defined in
  3  4 chapter 452A which is consumed for highway use or in
  3  5 watercraft or aircraft if the fuel tax is paid on the
  3  6 transaction and a refund has not or will not be allowed, on
  3  7 the sales price from the sale of equipment by the state
  3  8 department of transportation, on the total amount derived from
  3  9 the operation of bingo games as defined in 99B, or on the
  3 10 sales price from the sale or use of natural gas, natural gas
  3 11 service, electricity, or electric service in a city or county
  3 12 where the sales price from the sale of natural gas or electric
  3 13 energy is subject to a franchise fee or user fee during the
  3 14 period the franchise or user fee is imposed.
  3 15                           EXPLANATION
  3 16    Under current law, the state sales and use tax is imposed
  3 17 on the gross amount derived from the operation of bingo games.
  3 18 This bill imposes the tax only on the gross amount less the
  3 19 amounts awarded as prizes.  In addition, the bill exempts the
  3 20 total amount derived from bingo games from the local option
  3 21 city and county sales tax and the local option county school
  3 22 infrastructure sales tax.
  3 23 LSB 1671SS 82
  3 24 mg:rj/gg/14