House File 140 - Introduced



                                       HOUSE FILE       
                                       BY  WENDT and WHITEAD


    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 data processing businesses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1207HH 83
  5 tw/mg:sc/5

PAG LIN



  1  1    Section 1.  Section 423.3, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  93A.  a.  (1)  The sales price from the
  1  4 sale or rental of computers and equipment that are necessary
  1  5 for the maintenance and operation of a data processing
  1  6 business and property whether directly or indirectly connected
  1  7 to the computers, including but not limited to cooling
  1  8 systems, cooling towers, and other temperature control
  1  9 infrastructure; power infrastructure for transformation,
  1 10 distribution, or management of electricity used for the
  1 11 maintenance and operation of the data processing business,
  1 12 including but not limited to exterior dedicated business=owned
  1 13 substations, back=up power generation systems, battery
  1 14 systems, and related infrastructure; and racking systems,
  1 15 cabling, and trays, which are necessary for the maintenance
  1 16 and operation of the data processing business.
  1 17    (2)  The sales price of back=up power generation fuel that
  1 18 is purchased by a data processing 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 data processing 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 data processing
  1 25 business.
  1 26    (2)  The data processing business shall have a physical
  1 27 location in the state that is used for the operations and
  1 28 maintenance of the data processing business.
  1 29    (3)  The data processing 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 data processing business initiates
  1 33 site preparation activities.  The minimum investment includes
  1 34 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 data processing business shall purchase, option,
  2  3 or lease Iowa land not later than December 31, 2009, for any
  2  4 initial investment.  However, the December 31, 2009, 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 data processing 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 data processing
  2 15 business's affiliates.  This exemption applies to affiliates
  2 16 of the data processing 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 data
  2 20 processing business initiates site preparation activities will
  2 21 result in the data processing business losing the right to
  2 22 claim this data processing business exemption, and the data
  2 23 processing business shall pay all sales or use tax that would
  2 24 have been due on the purchase or rental or use of the items
  2 25 listed in this exemption, plus any applicable penalty and
  2 26 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)  "Data processing business" means a business entity
  3  7 having North American industry classification system number
  3  8 518210.
  3  9    Sec. 2.  Section 427.1, Code 2009, is amended by adding the
  3 10 following new subsection:
  3 11    NEW SUBSECTION.  37.  DATA PROCESSING PROPERTY.
  3 12    a.  Property, other than land and buildings and other
  3 13 improvements, that is utilized by a data processing business
  3 14 as defined in and meeting the requirements of section 423.3,
  3 15 subsection 93A, including computers and equipment that are
  3 16 necessary for the maintenance and operation of a data
  3 17 processing business and other property whether directly or
  3 18 indirectly connected to the computers, including but not
  3 19 limited to cooling systems, cooling towers, and other
  3 20 temperature control infrastructure; power infrastructure for
  3 21 transformation, distribution, or management of electricity,
  3 22 including but not limited to exterior dedicated business=owned
  3 23 substations, and power distribution systems which are not
  3 24 subject to assessment under chapter 437A; racking systems,
  3 25 cabling, and trays; and back=up power generation systems,
  3 26 battery systems, and related infrastructure all of which are
  3 27 necessary for the maintenance and operation of the data
  3 28 processing business.
  3 29    b.  This data processing business exemption applies
  3 30 beginning with the assessment year the investment in or
  3 31 construction of the facility utilizing the materials,
  3 32 equipment, and systems set forth in paragraph "a" are first
  3 33 assessed.  For purposes of claiming this data processing
  3 34 business exemption, the requirements may be met by aggregating
  3 35 the various Iowa investments and other requirements of the
  4  1 data processing business's affiliates as allowed under section
  4  2 423.3, subsection 93A.  This exemption applies to affiliates
  4  3 of the data processing business.
  4  4    Sec. 3.  IMPLEMENTATION.  Section 25B.7 does not apply to
  4  5 the property tax exemption enacted in this Act.
  4  6                           EXPLANATION
  4  7    This bill provides a sales and use tax exemption for the
  4  8 sale or rental of computers and equipment that are necessary
  4  9 for the maintenance and operation of a data processing
  4 10 business and property that is directly or indirectly connected
  4 11 to the computers; the sale of back=up power generation fuel;
  4 12 and electricity used in the operation and maintenance of the
  4 13 data processing business.
  4 14    To qualify for the sales and use tax exemption, the
  4 15 purchaser or renter must be a data processing business.  A
  4 16 data processing business means a business having North
  4 17 American industry classification system number 518210; the
  4 18 data processing business must have a physical location in the
  4 19 state that is used for the operations and maintenance of the
  4 20 data processing business; the business must have a minimum
  4 21 investment within the first six years of operation in Iowa of
  4 22 $200 million; and the business must purchase, option, or lease
  4 23 land in the state not later than December 31, 2009.
  4 24    The bill also provides a property tax exemption for
  4 25 property utilized by a data processing business as defined in
  4 26 and meeting the qualifications of the provisions for the sales
  4 27 and use tax exemption.
  4 28    Code section 25B.7 does not apply to the property tax
  4 29 exemption in the bill.  That Code section requires state
  4 30 funding to implement a property tax exemption.
  4 31 LSB 1207HH 83
  4 32 tw/mg:sc/5