Senate
Study
Bill
3245
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
authorizing
cities
and
counties
to
impose
a
fee
on
the
1
renting
of
certain
lodging.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6258SC
(9)
83
md/sc
S.F.
_____
Section
1.
Section
331.402,
subsection
2,
paragraph
f,
Code
1
Supplement
2009,
is
amended
to
read
as
follows:
2
f.
Impose
a
hotel
and
motel
tax
,
a
lessor
regulation
fee,
or
3
both,
in
accordance
with
chapter
423A.
4
Sec.
2.
Section
331.427,
subsection
1,
unnumbered
paragraph
5
1,
Code
Supplement
2009,
is
amended
to
read
as
follows:
6
Except
as
otherwise
provided
by
state
law,
county
revenues
7
from
taxes
and
other
sources
for
general
county
services
shall
8
be
credited
to
the
general
fund
of
the
county,
including
9
revenues
received
under
sections
9I.11,
101A.3,
101A.7,
123.36,
10
123.143,
142D.9,
176A.8,
321.105,
321.152,
321G.7,
321I.8,
11
section
331.554,
subsection
6,
sections
341A.20,
364.3,
368.21,
12
423A.4A,
423A.7,
428A.8,
433.15,
434.19,
445.57,
453A.35,
13
458A.21,
483A.12,
533.329,
556B.1,
583.6,
602.8108,
904.908,
14
and
906.17,
and
the
following:
15
Sec.
3.
NEW
SECTION
.
423A.4A
Local
lodging
regulation
fee.
16
1.
A
city
or
county
may
impose
by
ordinance
of
the
city
17
council
or
by
resolution
of
the
board
of
supervisors
a
lodging
18
regulation
fee
at
a
rate
not
to
exceed
one
dollar
and
fifty
19
cents
per
night
of
lodging
rental.
The
fee
when
imposed
by
a
20
city
shall
apply
only
within
the
corporate
boundaries
of
that
21
city
and
when
imposed
by
a
county
shall
apply
only
outside
the
22
incorporated
areas
within
that
county.
23
2.
The
fee
shall
be
collected
by
the
lessor
of
lodging
from
24
the
user
of
that
lodging.
The
lessor
shall
add
the
fee
to
the
25
sales
price
of
the
lodging,
and
the
fee
shall
be
stated
as
a
26
distinct
item,
separate
and
apart
from
the
sales
price
of
the
27
lodging
and
taxes
imposed,
if
any,
under
section
423A.3
or
28
423A.4.
29
3.
Fees
collected
by
a
lessor
shall
be
due
and
payable
to
30
the
city
or
county,
as
applicable,
according
to
a
schedule
31
specified
in
the
ordinance.
A
lessor
is
liable
for
the
payment
32
of
fees
to
the
city
or
county
in
the
same
manner
as
liability
is
33
imposed
on
retailers
for
the
payment
of
taxes
under
sections
34
421.26
and
421.28.
35
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md/sc
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3
S.F.
_____
4.
Fees
received
by
a
city
or
county
under
this
section
1
shall
be
deposited
in
a
lodging
regulation
account
within
2
the
city’s
general
fund
or
the
county’s
general
fund,
as
3
applicable.
All
fees
collected
under
this
section
are
deemed
4
to
be
held
in
trust
for
the
applicable
city
or
county
that
is
5
imposing
the
fee.
6
5.
a.
Moneys
in
the
lodging
regulation
account
within
the
7
city
or
county
general
fund
shall
be
used
for
that
city’s
or
8
county’s
costs
related
to
the
inspection,
supervision,
and
9
regulation
of
lessors
within
the
applicable
city
or
county
10
under
chapter
137C.
11
b.
Moneys
in
the
lodging
regulation
account
in
excess
of
12
the
amounts
necessary
to
inspect,
supervise,
or
regulate
the
13
lessors
under
paragraph
“a”
shall
be
expended
for
property
tax
14
relief.
15
6.
An
ordinance
imposing
a
fee
under
this
section
shall
16
designate
an
applicable
city
or
county
officer
to
receive
17
payments
from
lessors
and
to
prescribe
any
forms
necessary
for
18
the
collection,
reporting,
and
payment
of
such
fees.
19
Sec.
4.
Section
423A.5,
Code
Supplement
2009,
is
amended
by
20
adding
the
following
new
subsection:
21
NEW
SUBSECTION
.
3.
All
of
the
following
are
exempt
from
any
22
fee
imposed
under
section
423A.4A:
23
a.
The
renting
of
lodging
which
is
rented
by
the
same
person
24
for
a
period
of
more
than
thirty-one
consecutive
days.
25
b.
The
renting
of
sleeping
rooms
in
dormitories
and
in
the
26
memorial
unions
at
all
universities
and
colleges
located
in
the
27
state
of
Iowa.
28
c.
The
lodging
furnished
to
the
guests
of
a
religious
29
institution
if
the
property
is
exempt
under
section
427.1,
30
subsection
8,
and
the
purpose
of
renting
is
to
provide
a
31
place
for
a
religious
retreat
or
function
and
not
a
place
for
32
transient
guests
generally.
33
EXPLANATION
34
This
bill
authorizes
cities
and
counties
to
impose
by
35
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6258SC
(9)
83
md/sc
2/
3
S.F.
_____
ordinance
of
the
city
council
or
by
resolution
of
the
county
1
board
of
supervisors
a
lodging
regulation
fee
at
a
rate
not
to
2
exceed
$1.50
per
night
of
lodging
rental.
The
fee
when
imposed
3
by
a
city
applies
only
within
the
corporate
boundaries
of
that
4
city
and
when
imposed
by
a
county
applies
only
outside
the
5
incorporated
areas
within
that
county.
6
The
bill
requires
such
fees
to
be
collected
by
the
lessor
7
of
lodging
from
the
user
of
the
lodging.
The
fee
is
added
to
8
the
sales
price
of
the
lodging,
and
the
fee
must
be
stated
as
9
a
distinct
item,
separate
from
the
sales
price
of
the
lodging
10
and
other
hotel
and
motel
taxes
imposed
on
the
rental.
The
11
fees
collected
by
a
lessor
are
paid
to
the
city
or
county,
as
12
applicable,
according
to
a
schedule
specified
by
the
city
or
13
county.
The
bill
imposes
liability
on
a
lessor
for
the
payment
14
of
fees
to
the
city
or
county
in
the
same
manner
as
liability
is
15
imposed
on
retailers
for
the
payment
of
certain
taxes.
16
The
bill
requires
all
lodging
regulation
fees
received
by
a
17
city
or
county
to
be
deposited
in
a
lodging
regulation
account
18
within
the
city’s
general
fund
or
the
county’s
general
fund,
19
as
applicable.
Moneys
in
the
lodging
regulation
account
must
20
first
be
used
for
that
city’s
or
county’s
costs
related
to
the
21
inspection,
supervision,
and
regulation
of
lessors
within
the
22
applicable
city
or
county
under
Code
chapter
137C.
Moneys
23
in
the
lodging
regulation
account
in
excess
of
the
amounts
24
necessary
to
inspect,
supervise,
or
regulate
the
lessors,
must
25
be
expended
for
property
tax
relief.
26
The
bill
exempts
certain
lodging
rental
from
the
lodging
27
regulation
fee.
The
exemptions
in
the
bill
are
similar
to
the
28
exemptions
currently
applicable
to
state
and
local
hotel
and
29
motel
taxes
under
Code
chapter
423A.
30
-3-
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6258SC
(9)
83
md/sc
3/
3