House
File
60
-
Introduced
HOUSE
FILE
60
BY
WATTS
A
BILL
FOR
An
Act
relating
to
the
approval
and
imposition
of
local
option
1
taxes
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1026YH
(8)
85
md/sc
H.F.
60
Section
1.
Section
423B.1,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
A
city
or
county
may
impose
by
ordinance
of
the
governing
3
body
of
the
city
or
the
board
of
supervisors
local
option
taxes
4
authorized
by
this
chapter
,
subject
to
this
section
and
subject
5
to
the
exception
provided
in
subsection
2
.
6
Sec.
2.
Section
423B.1,
subsection
2,
Code
2013,
is
amended
7
by
striking
the
subsection.
8
Sec.
3.
Section
423B.1,
subsection
3,
Code
2013,
is
amended
9
to
read
as
follows:
10
3.
A
local
option
tax
shall
be
imposed
only
after
an
11
election
at
which
a
majority
of
those
voting
on
the
question
12
favors
imposition
and
shall
then
be
imposed
until
repealed
13
as
provided
in
subsection
6
,
paragraph
“a”
.
If
the
tax
is
14
a
local
vehicle
tax
imposed
by
a
county,
it
shall
apply
to
15
all
incorporated
and
unincorporated
areas
of
the
county.
16
If
the
tax
is
a
local
sales
and
services
tax
imposed
by
a
17
county,
it
shall
only
apply
to
those
incorporated
areas
and
18
the
unincorporated
area
of
that
county
in
which
if
a
majority
19
of
those
voting
in
the
unincorporated
area
on
the
tax
favors
20
its
imposition
and
if
the
tax
is
a
local
sales
and
services
21
tax
imposed
by
a
city
it
shall
only
apply
to
the
city
if
a
22
majority
of
those
voting
in
the
city
on
the
tax
favors
its
23
imposition
.
For
purposes
of
the
local
sales
and
services
tax,
24
all
cities
contiguous
to
each
other
shall
be
treated
as
part
of
25
one
incorporated
area
and
the
tax
would
be
imposed
in
each
of
26
those
contiguous
cities
only
if
the
majority
of
those
voting
27
in
the
total
area
covered
by
the
contiguous
cities
favors
its
28
imposition.
In
the
case
of
a
local
sales
and
services
tax
29
submitted
to
the
registered
voters
of
two
or
more
contiguous
30
counties
as
provided
in
subsection
4
,
paragraph
“c”
,
all
cities
31
contiguous
to
each
other
shall
be
treated
as
part
of
one
32
incorporated
area,
even
if
the
corporate
boundaries
of
one
or
33
more
of
the
cities
include
areas
of
more
than
one
county,
and
34
the
tax
shall
be
imposed
in
each
of
those
contiguous
cities
35
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60
only
if
a
majority
of
those
voting
on
the
tax
in
the
total
area
1
covered
by
the
contiguous
cities
favored
its
imposition.
For
2
purposes
of
the
local
sales
and
services
tax,
a
city
is
not
3
contiguous
to
another
city
if
the
only
road
access
between
the
4
two
cities
is
through
another
state.
5
Sec.
4.
Section
423B.1,
subsection
4,
paragraphs
a
and
b,
6
Code
2013,
are
amended
to
read
as
follows:
7
a.
A
county
board
of
supervisors
shall
direct
within
8
thirty
days
the
county
commissioner
of
elections
to
submit
the
9
question
of
imposition
of
a
local
vehicle
tax
or
a
local
sales
10
and
services
tax
to
the
registered
voters
of
the
incorporated
11
and
unincorporated
areas
of
the
county
upon
receipt
by
the
12
board
of
supervisors
of
a
petition,
requesting
imposition
of
13
a
local
vehicle
tax
or
a
local
sales
and
services
tax
,
signed
14
by
eligible
electors
of
the
whole
county
equal
in
number
to
15
five
percent
of
the
persons
in
the
whole
county
who
voted
at
16
the
last
preceding
state
general
election.
A
county
board
17
of
supervisors
shall
direct
within
thirty
days
the
county
18
commissioner
of
elections
to
submit
the
question
of
imposition
19
of
a
local
sales
and
services
tax
to
the
registered
voters
20
of
a
city
or
of
the
unincorporated
area
of
the
county
upon
21
receipt
by
the
board
of
supervisors
of
a
petition,
requesting
22
imposition
of
a
local
sales
and
services
tax,
signed
by
23
eligible
electors
of
the
city
or
of
the
unincorporated
area
of
24
the
county,
as
applicable,
equal
in
number
to
five
percent
of
25
the
persons
in
the
applicable
city
or
unincorporated
area
of
26
the
county
who
voted
at
the
last
preceding
general
election.
27
In
the
case
of
a
local
vehicle
tax,
the
petition
requesting
28
imposition
shall
specify
the
rate
of
tax
and
the
classes,
if
29
any,
that
are
to
be
exempt.
In
the
case
of
a
local
sales
and
30
services
tax,
the
petition
requesting
imposition
shall
state
31
the
period
of
time
the
tax
will
be
imposed,
not
to
exceed
32
ten
years.
If
more
than
one
valid
petition
is
received,
the
33
earliest
received
petition
shall
be
used.
34
b.
The
question
of
the
imposition
of
a
local
sales
and
35
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1026YH
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15
H.F.
60
services
tax
shall
be
submitted
to
the
registered
voters
of
1
the
incorporated
and
city
or
of
the
unincorporated
areas
2
area
of
the
county
upon
receipt
by
the
county
commissioner
3
of
elections
of
the
a
motion
or
motions
,
requesting
such
4
submission,
adopted
by
the
governing
body
or
bodies
of
the
a
5
city
or
cities
located
within
the
county
or
of
the
county
,
for
6
the
unincorporated
areas
area
of
the
county
,
representing
at
7
least
one
half
of
the
population
of
the
county
.
The
motion
8
shall
state
the
period
of
time
the
tax
will
be
imposed,
not
to
9
exceed
ten
years.
Upon
adoption
of
such
motion,
the
governing
10
body
of
the
city
or
county
,
for
the
unincorporated
areas,
11
area
shall
submit
the
motion
to
the
county
commissioner
of
12
elections
and
in
the
case
of
the
governing
body
of
the
city
13
shall
notify
the
board
of
supervisors
of
the
adoption
of
the
14
motion
.
The
county
commissioner
of
elections
shall
keep
a
file
15
on
all
the
motions
received
and,
upon
reaching
the
population
16
requirements,
shall
publish
notice
of
the
ballot
proposition
17
concerning
the
imposition
of
the
local
sales
and
services
tax.
18
A
motion
ceases
to
be
valid
at
the
time
of
the
holding
of
the
19
regular
election
for
the
election
of
members
of
the
governing
20
body
which
adopted
the
motion.
The
county
commissioner
of
21
elections
shall
eliminate
from
the
file
any
motion
that
ceases
22
to
be
valid.
The
manner
provided
under
this
paragraph
for
23
the
submission
of
the
question
of
imposition
of
a
local
sales
24
and
services
tax
is
an
alternative
to
the
manner
provided
in
25
paragraph
“a”
.
26
Sec.
5.
Section
423B.1,
subsection
4,
paragraph
c,
Code
27
2013,
is
amended
by
striking
the
paragraph
and
inserting
in
28
lieu
thereof
the
following:
29
c.
A
city
is
considered
to
be
located
in
a
county
if
over
30
half
of
the
population
of
the
city
is
located
in
that
county.
31
Sec.
6.
Section
423B.1,
subsection
5,
Code
2013,
is
amended
32
to
read
as
follows:
33
5.
The
county
commissioner
of
elections
shall
submit
the
34
question
of
imposition
of
a
local
option
tax
at
an
election
35
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1026YH
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15
H.F.
60
held
on
a
date
specified
in
section
39.2,
subsection
4
,
1
paragraph
“a”
or
“b”
,
as
applicable
.
The
election
shall
not
2
be
held
sooner
than
sixty
days
after
publication
of
notice
of
3
the
ballot
proposition.
The
ballot
proposition
shall
specify
4
the
type
and
rate
of
tax
and
,
in
the
case
of
a
vehicle
tax
,
the
5
classes
that
will
be
exempt
and
,
in
the
case
of
a
local
sales
6
and
services
tax
,
the
date
it
will
be
imposed
which
date
shall
7
not
be
earlier
than
ninety
days
following
the
election
,
and
8
the
date
of
its
repeal
as
stated
in
the
petition
or
motion
.
9
The
ballot
proposition
shall
also
specify
the
approximate
10
amount
of
local
option
tax
revenues
that
will
be
used
for
11
property
tax
relief
and
shall
contain
a
statement
as
to
the
12
specific
purpose
or
purposes
for
which
the
revenues
shall
13
otherwise
be
expended.
If
the
county
board
of
supervisors
or
14
city
council,
as
applicable,
decides
under
subsection
6
to
15
specify
a
date
on
which
the
local
option
sales
and
services
tax
16
shall
automatically
be
repealed
that
is
less
than
ten
years
17
from
the
date
of
the
election
,
the
date
of
the
repeal
shall
18
also
be
specified
on
the
ballot.
The
rate
of
the
vehicle
tax
19
shall
be
in
increments
of
one
dollar
per
vehicle
as
set
by
the
20
petition
seeking
to
impose
the
tax.
The
rate
of
a
local
sales
21
and
services
tax
shall
not
be
more
than
one
percent
as
set
by
22
the
governing
body.
The
state
commissioner
of
elections
shall
23
establish
by
rule
the
form
for
the
ballot
proposition
which
24
form
shall
be
uniform
throughout
the
state.
25
Sec.
7.
Section
423B.1,
subsection
6,
paragraph
a,
Code
26
2013,
is
amended
to
read
as
follows:
27
a.
(1)
If
a
majority
of
those
voting
on
the
question
of
28
imposition
of
a
local
option
vehicle
tax
favors
imposition
of
29
a
local
option
vehicle
tax,
the
governing
body
of
that
county
30
shall
impose
the
tax
at
the
rate
specified
for
an
unlimited
31
period.
However,
in
the
case
of
a
local
sales
and
services
32
tax,
the
county
shall
not
impose
the
tax
in
any
incorporated
33
area
or
the
unincorporated
area
if
the
majority
of
those
34
voting
on
the
tax
in
that
area
did
not
favor
its
imposition.
35
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For
purposes
of
the
local
sales
and
services
tax,
all
cities
1
contiguous
to
each
other
shall
be
treated
as
part
of
one
2
incorporated
area
and
the
tax
shall
be
imposed
in
each
of
those
3
contiguous
cities
only
if
the
majority
of
those
voting
on
the
4
tax
in
the
total
area
covered
by
the
contiguous
cities
favored
5
its
imposition.
In
the
case
of
a
local
sales
and
services
tax
6
submitted
to
the
registered
voters
of
two
or
more
contiguous
7
counties
as
provided
in
subsection
4
,
paragraph
“c”
,
all
cities
8
contiguous
to
each
other
shall
be
treated
as
part
of
one
9
incorporated
area,
even
if
the
corporate
boundaries
of
one
or
10
more
of
the
cities
include
areas
of
more
than
one
county,
and
11
the
tax
shall
be
imposed
in
each
of
those
contiguous
cities
12
only
if
a
majority
of
those
voting
on
the
tax
in
the
total
area
13
covered
by
the
contiguous
cities
favored
its
imposition.
If
14
a
majority
of
those
voting
on
the
question
of
imposition
of
a
15
local
option
sales
and
services
tax
favors
imposition
of
the
16
tax,
the
governing
body
of
the
city
or
county,
as
applicable,
17
shall
impose
by
ordinance
the
tax
at
the
rate
specified
for
18
a
period
of
ten
years,
unless
a
shorter
period
of
time
is
19
specified
on
the
ballot.
20
(2)
The
local
option
tax
may
be
repealed
or
the
rate
21
increased
or
decreased
or
the
use
thereof
changed
after
an
22
election
at
which
a
majority
of
those
voting
on
the
question
23
of
repeal
or
rate
or
use
change
favored
the
repeal
or
rate
24
or
use
change.
The
date
on
which
the
repeal,
rate,
or
use
25
change
is
to
take
effect
shall
not
be
earlier
than
ninety
days
26
following
the
election.
The
election
at
which
the
question
27
of
repeal
or
rate
or
use
change
is
offered
shall
be
called
28
and
held
in
the
same
manner
and
under
the
same
conditions
29
as
provided
in
subsections
4
and
5
for
the
election
on
the
30
imposition
of
the
local
option
tax.
However,
in
the
case
of
a
31
local
sales
and
services
tax
where
the
tax
has
not
been
imposed
32
countywide,
the
question
of
repeal
or
imposition
or
rate
or
33
use
change
shall
be
voted
on
only
by
the
registered
voters
of
34
the
areas
of
the
county
where
the
tax
has
been
imposed
or
has
35
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not
been
imposed,
as
appropriate.
However,
the
governing
body
1
of
the
incorporated
area
city
or
unincorporated
area
where
2
the
local
sales
and
services
tax
is
imposed
may,
upon
its
own
3
motion,
request
the
county
commissioner
of
elections
to
hold
4
an
election
in
the
incorporated
city
or
unincorporated
area,
5
as
appropriate,
on
the
question
of
the
change
in
use
of
local
6
sales
and
services
tax
revenues.
The
election
may
be
held
at
7
any
time
but
not
sooner
than
sixty
days
following
publication
8
of
the
ballot
proposition.
If
a
majority
of
those
voting
in
9
the
incorporated
city
or
unincorporated
area
on
the
change
in
10
use
favors
the
change,
the
governing
body
of
that
city
or
area
11
shall
change
the
use
to
which
the
revenues
shall
be
used.
The
12
ballot
proposition
shall
list
the
present
use
of
the
revenues,
13
the
proposed
use,
and
the
date
after
which
revenues
received
14
will
be
used
for
the
new
use.
15
(3)
When
submitting
the
question
of
the
imposition
of
a
16
local
sales
and
services
tax,
the
county
board
of
supervisors
17
may
direct
that
the
question
contain
a
provision
for
the
18
repeal,
without
election,
of
the
local
sales
and
services
tax
19
on
a
specific
date,
which
date
shall
be
as
provided
in
section
20
423B.6,
subsection
1
.
21
Sec.
8.
Section
423B.1,
Code
2013,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
6A.
If
a
proposition
for
the
imposition
24
of
a
local
sales
and
services
tax
submitted
to
the
voters
25
of
a
city
or
unincorporated
area
of
a
county
under
this
26
section
fails
to
gain
approval,
the
proposition
shall
not
be
27
resubmitted
to
the
voters
of
that
jurisdiction
in
substantially
28
the
same
form
for
a
period
of
three
years
following
the
date
29
of
the
election
and
may
only
be
resubmitted
to
the
voters
on
a
30
date
specified
in
section
39.2,
subsection
4,
paragraph
“a”
or
31
“b”
,
as
applicable.
32
Sec.
9.
Section
423B.1,
subsection
7,
paragraph
b,
Code
33
2013,
is
amended
to
read
as
follows:
34
b.
Costs
of
local
option
tax
elections
shall
be
apportioned
35
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60
among
jurisdictions
within
the
county
voting
on
the
question
1
at
the
same
election
on
a
pro
rata
basis
in
proportion
to
the
2
number
of
registered
voters
in
each
taxing
jurisdiction
voting
3
on
the
question
and
the
total
number
of
registered
voters
in
4
all
of
the
taxing
jurisdictions
voting
on
the
question
.
5
Sec.
10.
Section
423B.1,
subsection
9,
Code
2013,
is
amended
6
to
read
as
follows:
7
9.
a.
In
a
county
that
has
imposed
a
local
option
sales
8
and
services
tax
in
the
unincorporated
area
of
the
county
,
9
the
board
of
supervisors
shall,
notwithstanding
any
contrary
10
provision
of
this
chapter
,
repeal
the
local
option
sales
and
11
services
tax
in
the
unincorporated
areas
or
in
an
incorporated
12
city
area
in
which
the
tax
has
been
imposed
area
upon
adoption
13
of
its
own
motion
for
repeal
in
the
unincorporated
areas
or
14
upon
receipt
of
a
motion
adopted
by
the
governing
body
of
15
that
incorporated
city
area
requesting
repeal
.
The
board
of
16
supervisors
shall
repeal
the
local
option
sales
and
services
17
tax
effective
on
the
later
of
the
date
of
the
adoption
of
the
18
repeal
motion
or
the
earliest
date
specified
in
section
423B.6,
19
subsection
1
.
For
purposes
of
this
subsection
,
incorporated
20
city
area
includes
an
incorporated
city
which
is
contiguous
to
21
another
incorporated
city.
22
b.
In
a
city
that
has
imposed
a
local
sales
and
services
23
tax,
the
governing
body
of
the
city
shall,
notwithstanding
any
24
contrary
provision
of
this
chapter,
repeal
the
local
sales
25
and
services
tax
in
the
city
upon
adoption
of
its
own
motion
26
for
repeal.
The
governing
body
of
the
city
shall
repeal
the
27
local
sales
and
services
tax
effective
on
the
later
of
the
28
date
of
the
adoption
of
the
repeal
motion
or
the
earliest
date
29
specified
in
section
423B.6,
subsection
1.
30
Sec.
11.
Section
423B.5,
unnumbered
paragraph
1,
Code
2013,
31
is
amended
to
read
as
follows:
32
A
local
sales
and
services
tax
at
the
rate
of
not
more
than
33
one
percent
may
be
imposed
by
a
city
or
county
on
the
sales
34
price
taxed
by
the
state
under
chapter
423,
subchapter
II
.
A
35
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60
local
sales
and
services
tax
shall
be
imposed
on
the
same
basis
1
as
the
state
sales
and
services
tax
or
in
the
case
of
the
use
2
of
natural
gas,
natural
gas
service,
electricity,
or
electric
3
service
on
the
same
basis
as
the
state
use
tax
and
shall
not
4
be
imposed
on
the
sale
of
any
property
or
on
any
service
not
5
taxed
by
the
state,
except
the
tax
shall
not
be
imposed
on
6
the
sales
price
from
the
sale
of
motor
fuel
or
special
fuel
7
as
defined
in
chapter
452A
which
is
consumed
for
highway
use
8
or
in
watercraft
or
aircraft
if
the
fuel
tax
is
paid
on
the
9
transaction
and
a
refund
has
not
or
will
not
be
allowed,
on
the
10
sales
price
from
the
sale
of
equipment
by
the
state
department
11
of
transportation,
or
on
the
sales
price
from
the
sale
or
use
12
of
natural
gas,
natural
gas
service,
electricity,
or
electric
13
service
in
a
city
or
county
where
the
sales
price
from
the
sale
14
of
natural
gas
or
electric
energy
is
subject
to
a
franchise
15
fee
or
user
fee
during
the
period
the
franchise
or
user
fee
16
is
imposed.
A
local
sales
and
services
tax
is
applicable
17
to
transactions
within
those
incorporated
and
the
city
or
18
unincorporated
areas
area
of
the
county
where
it
is
imposed
and
19
shall
be
collected
by
all
persons
required
to
collect
state
20
sales
taxes.
All
cities
contiguous
to
each
other
shall
be
21
treated
as
part
of
one
incorporated
area
and
the
tax
would
be
22
imposed
in
each
of
those
contiguous
cities
only
if
the
majority
23
of
those
voting
in
the
total
area
covered
by
the
contiguous
24
cities
favors
its
imposition.
In
the
case
of
a
local
sales
and
25
services
tax
submitted
to
the
registered
voters
of
two
or
more
26
contiguous
counties
as
provided
in
section
423B.1,
subsection
27
4
,
paragraph
“c”
,
all
cities
contiguous
to
each
other
shall
be
28
treated
as
part
of
one
incorporated
area,
even
if
the
corporate
29
boundaries
of
one
or
more
of
the
cities
include
areas
of
more
30
than
one
county,
and
the
tax
shall
be
imposed
in
each
of
those
31
contiguous
cities
only
if
a
majority
of
those
voting
on
the
tax
32
in
the
total
area
covered
by
the
contiguous
cities
favored
its
33
imposition.
34
Sec.
12.
Section
423B.5,
unnumbered
paragraph
4,
Code
2013,
35
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60
is
amended
to
read
as
follows:
1
If
a
local
sales
and
services
tax
is
imposed
by
a
city
or
2
county
pursuant
to
this
chapter
,
a
local
excise
tax
at
the
same
3
rate
shall
be
imposed
by
the
city
or
county
on
the
purchase
4
price
of
natural
gas,
natural
gas
service,
electricity,
or
5
electric
service
subject
to
tax
under
chapter
423,
subchapter
6
III
,
and
not
exempted
from
tax
by
any
provision
of
chapter
423,
7
subchapter
III
.
The
local
excise
tax
is
applicable
only
to
8
the
use
of
natural
gas,
natural
gas
service,
electricity,
or
9
electric
service
within
those
incorporated
and
unincorporated
10
areas
of
the
county
where
it
is
imposed
and,
except
as
11
otherwise
provided
in
this
chapter
,
shall
be
collected
and
12
administered
in
the
same
manner
as
the
local
sales
and
services
13
tax.
For
purposes
of
this
chapter
,
“local
sales
and
services
14
tax”
shall
also
include
the
local
excise
tax.
15
Sec.
13.
Section
423B.6,
subsection
1,
paragraph
b,
Code
16
2013,
is
amended
to
read
as
follows:
17
b.
A
local
sales
and
services
tax
shall
be
repealed
only
18
on
June
30
or
December
31
but
not
sooner
than
ninety
days
19
following
the
favorable
election
if
one
is
held.
However,
a
20
local
sales
and
services
tax
shall
not
be
repealed
before
the
21
tax
has
been
in
effect
for
one
year.
At
least
forty
days
before
22
the
imposition
or
repeal
of
the
tax,
a
the
city
or
county
,
as
23
applicable,
shall
provide
notice
of
the
action
by
certified
24
mail
to
the
director
of
revenue.
25
Sec.
14.
Section
423B.6,
subsection
2,
paragraph
b,
Code
26
2013,
is
amended
to
read
as
follows:
27
b.
The
ordinance
of
a
governing
body
of
a
city
or
county
28
board
of
supervisors
imposing
a
local
sales
and
services
29
tax
shall
adopt
by
reference
the
applicable
provisions
of
30
the
appropriate
sections
of
chapter
423
.
All
powers
and
31
requirements
of
the
director
to
administer
the
state
sales
tax
32
law
and
use
tax
law
are
applicable
to
the
administration
of
33
a
local
sales
and
services
tax
law
and
the
local
excise
tax,
34
including
but
not
limited
to
the
provisions
of
section
422.25,
35
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60
subsection
4
,
sections
422.30
,
422.67
,
and
422.68
,
section
1
422.69,
subsection
1
,
sections
422.70
through
422.75
,
section
2
423.14,
subsection
1
and
subsection
2
,
paragraphs
“b”
through
3
“e”
,
and
sections
423.15
,
423.23
,
423.24
,
423.25
,
423.31
4
through
423.35
,
423.37
through
423.42
,
423.46
,
and
423.47
.
5
Local
officials
shall
confer
with
the
director
of
revenue
for
6
assistance
in
drafting
the
ordinance
imposing
a
local
sales
and
7
services
tax.
A
certified
copy
of
the
ordinance
shall
be
filed
8
with
the
director
as
soon
as
possible
after
passage.
9
Sec.
15.
Section
423B.6,
subsection
3,
paragraph
b,
Code
10
2013,
is
amended
to
read
as
follows:
11
b.
All
local
tax
moneys
and
interest
and
penalties
received
12
or
refunded
one
hundred
eighty
days
or
more
after
the
date
on
13
which
the
city
or
county
repeals
its
local
sales
and
services
14
tax
shall
be
deposited
in
or
withdrawn
from
the
state
general
15
fund.
16
Sec.
16.
Section
423B.7,
subsection
1,
paragraph
a,
Code
17
2013,
is
amended
to
read
as
follows:
18
a.
Except
as
provided
in
paragraph
“b”
,
the
director
19
shall
credit
the
local
sales
and
services
tax
receipts
and
20
interest
and
penalties
from
a
county-imposed
tax
to
the
21
county’s
account
in
the
local
sales
and
services
tax
fund
22
and
from
a
city-imposed
tax
under
section
423B.1,
subsection
23
2
,
to
the
city’s
account
in
the
local
sales
and
services
tax
24
fund.
If
the
director
is
unable
to
determine
from
which
county
25
jurisdiction
any
of
the
receipts
were
collected,
those
receipts
26
shall
be
allocated
among
the
possible
counties
jurisdictions
27
based
on
allocation
rules
adopted
by
the
director.
28
Sec.
17.
Section
423B.7,
subsections
3
and
4,
Code
2013,
29
are
amended
by
striking
the
subsections
and
inserting
in
lieu
30
thereof
the
following:
31
3.
Each
city
or
county’s
account
shall
be
allocated
to
32
and
remitted
to
the
city
or
county
imposing
the
local
sales
33
and
services
tax
on
the
basis
of
the
location
where
the
tax
34
was
collected.
A
city
shall
receive
all
such
local
sales
and
35
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60
services
tax
collected
within
the
corporate
boundaries
of
the
1
city.
A
county
shall
receive
all
such
local
sales
and
services
2
tax
collected
in
the
unincorporated
area
of
the
county.
3
4.
Each
city
or
county
where
a
local
sales
and
services
4
tax
is
imposed
pursuant
to
this
chapter
shall
on
an
ongoing
5
basis
assist
the
department
of
revenue
in
identifying
retail
6
establishments
within
their
jurisdiction
that
are
collecting
7
the
local
sales
and
services
tax.
If
the
director
is
unable
8
to
determine
from
which
jurisdiction
any
of
the
receipts
were
9
collected,
those
receipts
shall
be
allocated
among
the
possible
10
cities
or
counties
based
on
allocation
rules
adopted
by
the
11
director.
12
Sec.
18.
Section
423B.7,
subsection
5,
Code
2013,
is
amended
13
by
striking
the
subsection.
14
Sec.
19.
Section
423B.7,
subsection
6,
Code
2013,
is
amended
15
to
read
as
follows:
16
6.
From
each
special
city
account,
the
revenues
shall
be
17
remitted
to
the
city
council
for
deposit
in
the
special
fund
18
created
in
section
403.19,
subsection
2
,
to
be
used
by
the
city
19
as
provided
in
section
423B.10
.
The
distribution
from
the
20
special
city
account
is
not
subject
to
the
distribution
formula
21
provided
in
subsections
3,
4,
and
5
.
22
Sec.
20.
Section
423B.10,
subsection
1,
paragraph
b,
Code
23
2013,
is
amended
to
read
as
follows:
24
b.
“Eligible
city”
means
a
city
in
which
a
local
sales
and
25
services
tax
imposed
by
the
city
or
county
applies
or
a
city
26
described
in
section
423B.1,
subsection
2
,
paragraph
“a”
,
Code
27
2013,
and
in
which
an
urban
renewal
area
has
been
designated.
28
Sec.
21.
Section
423B.10,
subsection
5,
Code
2013,
is
29
amended
to
read
as
follows:
30
5.
In
addition
to
the
moneys
received
pursuant
to
the
31
ordinance
authorized
under
subsection
2
,
an
eligible
city
32
may
deposit
any
other
local
sales
and
services
tax
revenues
33
received
by
it
pursuant
to
either
the
distribution
formula
34
in
section
423B.7,
subsections
3,
4,
and
5
,
Code
2013,
for
35
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60
local
taxes
described
in
section
22,
subsection
1,
of
this
Act,
1
or
section
423B.7,
subsections
3
and
4,
to
the
special
fund
2
described
in
section
403.19,
subsection
2
.
3
Sec.
22.
EFFECT
OF
ACT
——
CURRENT
LOCAL
OPTION
TAXES.
4
1.
This
Act
shall
not
affect
the
imposition
and
collection
5
of
a
local
option
tax
imposed,
or
that
will
take
effect,
as
6
the
result
of
a
petition
received
or
a
motion
approved
under
7
chapter
423B
prior
to
July
1,
2013.
8
2.
Local
taxes
described
in
subsection
1
shall
continue
9
to
be
collected
and
disbursed
to
the
relevant
tax-imposing
10
jurisdictions
pursuant
to
the
provisions
of
chapter
423B,
Code
11
2013,
until
ten
years
after
July
1,
2013,
the
repeal
date
12
specified
in
the
ordinance
imposing
the
tax,
the
date
when
any
13
bonded
indebtedness
secured
by
the
tax
outstanding
on
July
1,
14
2013,
is
retired,
or
such
time
as
the
tax
is
repealed
according
15
to
the
provisions
of
chapter
423B,
Code
2013,
whichever
is
16
sooner.
17
Sec.
23.
APPLICABILITY.
18
1.
This
Act
applies
to
petitions
received
pursuant
to
19
section
423B.1,
subsection
4,
paragraph
“a”
,
as
amended
in
this
20
Act,
on
or
after
July
1,
2013.
21
2.
This
Act
applies
to
motions
adopted
pursuant
to
section
22
423B.1,
subsection
4,
paragraph
“b”
,
as
amended
in
this
Act,
on
23
or
after
July
1,
2013.
24
EXPLANATION
25
This
bill
relates
to
the
approval
and
imposition
of
local
26
option
taxes.
27
Current
Code
chapter
423B
authorizes
the
imposition
of
local
28
option
taxes,
including
a
local
option
sales
and
services
tax.
29
Currently,
such
a
proposed
tax
is
only
presented
to
the
voters
30
of
a
whole
county
upon
the
filing
of
a
petition
signed
by
31
eligible
electors
of
the
county
equal
in
number
to
five
percent
32
of
the
persons
in
the
county
who
voted
at
the
last
preceding
33
general
election
or
upon
receipt
by
the
county
commissioner
of
34
elections
of
motions
requesting
such
submission,
adopted
by
the
35
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15
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60
governing
bodies
of
the
cities
located
within
the
county
or
the
1
governing
body
of
the
county
for
the
unincorporated
area
of
the
2
county,
representing
at
least
one-half
of
the
population
of
the
3
county.
4
The
bill
amends
the
methods
of
seeking
presentment
of
5
the
local
option
sales
and
services
tax
to
the
voters
by
6
allowing
the
eligible
electors
of
individual
cities
and
the
7
unincorporated
area
of
a
county
to
file
a
petition
for
an
8
election
to
be
held
in
the
petitioning
jurisdiction
if
such
9
petition
is
signed
by
eligible
electors
of
the
city
or
the
10
unincorporated
area
of
the
county,
as
applicable,
equal
in
11
number
to
five
percent
of
the
persons
in
the
applicable
city
12
or
unincorporated
area
of
the
county
who
voted
at
the
last
13
preceding
general
election.
14
The
bill
also
removes
the
requirement
that
in
order
to
have
15
the
local
sales
and
services
tax
presented
to
the
voters,
16
motions
must
be
approved
by
cities
or
the
county
for
the
17
unincorporated
area,
representing
at
least
one-half
of
the
18
county’s
population.
Instead,
the
bill
allows
individual
19
cities
or
the
county
for
the
unincorporated
area
to
approve
a
20
motion
for
an
election
on
the
local
sales
and
services
tax
to
21
be
held
in
only
that
jurisdiction.
22
The
bill
consequently
removes
the
requirements
related
to
23
approval
of
a
ballot
question
by
cities
that
are
contiguous
to
24
each
other
and
special
provisions
related
to
the
approval
and
25
imposition
of
a
local
sales
and
services
tax
in
a
city
that
is
26
located
in
more
than
one
county.
27
The
bill
provides
that
a
local
sales
and
services
tax
28
approved
by
the
voters
may
not
be
imposed
for
a
period
29
exceeding
10
years.
In
addition,
the
bill
provides
that
if
a
30
proposition
for
the
imposition
of
a
local
sales
and
services
31
tax
submitted
to
the
voters
of
a
city
or
the
unincorporated
32
area
of
a
county
fails
to
gain
approval,
it
shall
not
be
33
resubmitted
to
the
voters
of
that
jurisdiction
in
substantially
34
the
same
form
for
a
period
of
three
years
following
the
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election
and
may
only
be
resubmitted
on
a
day
specified
in
1
statute
for
special
elections
of
a
city
or
county.
2
Current
Code
section
423B.7
specifies
the
allocation
3
formula
for
local
sales
and
services
tax
revenue
among
the
4
jurisdictions
imposing
the
tax
within
a
county.
Seventy-five
5
percent
of
each
county’s
account
containing
such
tax
revenue
6
is
remitted
to
the
tax-imposing
jurisdictions
on
the
basis
of
7
the
county’s
population
residing
in
the
unincorporated
area
8
where
the
tax
is
imposed
and
those
incorporated
areas
where
9
the
tax
is
imposed
and
25
percent
of
each
county’s
account
is
10
remitted
based
on
the
sum
of
property
tax
dollars
levied
in
11
the
incorporated
areas
and
unincorporated
area
where
the
tax
12
is
imposed.
13
The
bill
strikes
this
allocation
formula
for
local
sales
and
14
services
taxes
newly
imposed
after
July
1,
2013,
and
provides
15
that
each
county’s
account
shall
be
allocated
to
and
remitted
16
to
the
jurisdictions
imposing
the
local
sales
and
services
tax
17
on
the
basis
of
the
location
where
the
tax
was
collected.
A
18
city
receives
all
local
sales
and
services
tax
collected
in
19
the
city
and
the
county
receives
all
local
sales
and
services
20
tax
collected
in
the
unincorporated
area
of
the
county.
The
21
bill
imposes
a
duty
on
each
city
or
county
where
a
local
sales
22
and
services
tax
is
imposed
to
assist
the
department
of
revenue
23
in
identifying
retail
establishments
within
their
jurisdiction
24
that
are
collecting
the
local
sales
and
services
tax.
25
The
bill
does
not
affect
the
imposition
and
collection
of
a
26
local
tax
imposed,
or
that
will
take
effect,
as
the
result
of
27
a
petition
received
or
a
motion
approved
before
July
1,
2013.
28
Such
local
taxes
will
continue
to
be
collected
and
disbursed
29
to
the
relevant
tax-imposing
jurisdictions
pursuant
to
the
30
provisions
of
Code
chapter
423B,
Code
2013,
until
10
years
31
after
July
1,
2013,
the
repeal
date
specified
in
the
ordinance
32
imposing
the
tax,
the
date
when
bonded
indebtedness
secured
33
by
the
tax
is
retired,
or
such
time
as
the
tax
is
repealed,
34
whichever
is
sooner.
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The
bill
applies
to
petitions
and
motions
for
the
imposition
1
of
local
option
taxes
received
or
adopted
under
Code
chapter
2
423B,
as
amended
in
the
bill,
on
or
after
July
1,
2013.
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