House
File
186
-
Introduced
HOUSE
FILE
186
BY
PETTENGILL
and
MAXWELL
A
BILL
FOR
An
Act
providing
for
the
imposition
of
the
local
hotel
and
1
motel
tax
by
a
land
use
district.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1717YH
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186
Section
1.
Section
303.52,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
The
board
of
trustees
may
by
ordinance
3
impose
a
hotel
and
motel
tax
in
accordance
with
chapter
423A.
4
Sec.
2.
Section
423A.4,
Code
2017,
is
amended
to
read
as
5
follows:
6
423A.4
Locally
imposed
hotel
and
motel
tax.
7
1.
A
city
or
,
a
county
,
or
a
land
use
district
created
under
8
chapter
303,
subchapter
IV,
may
impose
,
by
ordinance
of
the
9
city
council
or
by
resolution
of
the
board
of
supervisors
or
10
by
ordinance
of
the
board
of
trustees,
a
hotel
and
motel
tax,
11
at
a
rate
not
to
exceed
seven
percent,
which
shall
be
imposed
12
in
increments
of
one
or
more
full
percentage
points
upon
the
13
sales
price
from
the
renting
of
lodging.
The
tax
when
imposed
14
by
a
city
shall
apply
only
within
the
corporate
boundaries
15
of
that
city
,
and
when
imposed
by
a
county
shall
apply
only
16
outside
incorporated
areas
within
that
county
,
and
when
imposed
17
by
a
land
use
district
shall
apply
only
within
the
corporate
18
boundaries
of
that
district
.
A
hotel
and
motel
tax
imposed
19
by
a
city
or
county
shall
not
be
imposed
within
the
corporate
20
boundaries
of
a
land
use
district
during
any
period
of
time
21
that
the
land
use
district
is
imposing
a
hotel
and
motel
tax.
22
2.
Within
ten
days
of
the
election
at
which
a
majority
of
23
those
voting
on
the
question
favors
the
imposition,
repeal,
24
or
change
in
the
rate
of
the
hotel
and
motel
tax,
the
county
25
auditor
shall
give
written
notice
by
sending
a
copy
of
the
26
abstract
of
votes
from
the
favorable
election
to
the
director
27
of
revenue.
28
3.
A
local
hotel
and
motel
tax
shall
be
imposed
on
January
29
1
or
July
1,
following
the
notification
of
the
director
of
30
revenue.
Once
imposed,
the
tax
shall
remain
in
effect
at
the
31
rate
imposed
for
a
minimum
of
one
year.
A
local
hotel
and
motel
32
tax
shall
terminate
only
on
June
30
or
December
31.
At
least
33
forty-five
days
prior
to
the
tax
being
effective
or
prior
to
a
34
revision
in
the
tax
rate
or
prior
to
the
repeal
of
the
tax,
a
35
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186
city
,
or
county
,
or
land
use
district
shall
provide
notice
by
1
mail
of
such
action
to
the
director
of
revenue.
The
director
2
shall
have
the
authority
to
waive
the
notice
requirement.
3
4.
a.
A
city
,
or
county
,
or
land
use
district
shall
impose
4
or
repeal
a
hotel
and
motel
tax
or
increase
or
reduce
the
tax
5
rate
only
after
an
election
at
which
a
majority
of
those
voting
6
on
the
question
favors
imposition,
repeal,
or
change
in
rate.
7
However,
a
hotel
and
motel
tax
of
a
city
or
county
shall
not
8
be
repealed
or
reduced
in
rate
if
obligations
are
outstanding
9
which
are
payable
as
provided
in
section
423A.7
,
unless
funds
10
sufficient
to
pay
the
principal,
interest,
and
premium,
if
any,
11
on
the
outstanding
obligations
at
and
prior
to
maturity
have
12
been
properly
set
aside
and
pledged
for
that
purpose.
13
b.
If
the
tax
applies
only
within
the
corporate
boundaries
14
of
a
city,
only
the
registered
voters
of
the
city
shall
be
15
permitted
to
vote.
The
election
shall
be
held
at
the
time
of
16
the
regular
city
election
or
at
a
special
election
called
for
17
that
purpose.
If
the
tax
applies
only
in
the
unincorporated
18
areas
of
a
county
or
only
within
the
corporate
boundaries
19
of
a
land
use
district
,
only
the
registered
voters
of
the
20
unincorporated
areas
of
the
county
or
the
registered
voters
of
21
the
land
use
district,
as
applicable,
shall
be
permitted
to
22
vote.
The
election
shall
be
held
at
the
time
of
the
general
23
election
or
at
a
special
election
called
for
that
purpose.
24
Sec.
3.
Section
423A.6,
subsection
1,
Code
2017,
is
amended
25
to
read
as
follows:
26
1.
The
director
of
revenue
shall
administer
the
state
and
27
local
hotel
and
motel
tax
as
nearly
as
possible
in
conjunction
28
with
the
administration
of
the
state
sales
tax
law,
except
29
that
portion
of
the
law
which
implements
the
streamlined
sales
30
and
use
tax
agreement.
The
director
shall
provide
appropriate
31
forms,
or
provide
on
the
regular
state
tax
forms,
for
reporting
32
state
and
local
hotel
and
motel
tax
liability.
All
moneys
33
received
or
refunded
one
hundred
eighty
days
after
the
date
34
on
which
a
city
,
or
county
,
or
land
use
district
terminates
35
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its
local
hotel
and
motel
tax
and
all
moneys
received
from
the
1
state
hotel
and
motel
tax
shall
be
deposited
in
or
withdrawn
2
from
the
general
fund
of
the
state.
3
Sec.
4.
Section
423A.7,
subsection
2,
Code
2017,
is
amended
4
to
read
as
follows:
5
2.
All
moneys
in
the
local
transient
guest
tax
fund
shall
6
be
remitted
at
least
quarterly
by
the
department,
pursuant
to
7
rules
of
the
director
of
revenue,
to
each
city
in
the
amount
8
collected
from
businesses
in
that
city
,
and
to
each
county
in
9
the
amount
collected
from
businesses
in
the
unincorporated
10
areas
of
the
county
,
and
to
each
land
use
district
in
the
11
amount
collected
from
businesses
in
that
land
use
district
.
12
Sec.
5.
Section
423A.7,
subsection
4,
unnumbered
paragraph
13
1,
Code
2017,
is
amended
to
read
as
follows:
14
The
revenue
derived
by
a
city
or
county
from
any
local
hotel
15
and
motel
tax
authorized
by
section
423A.4
shall
be
used
by
a
16
city
or
county
as
follows:
17
Sec.
6.
Section
423A.7,
Code
2017,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
5.
The
revenue
derived
by
a
land
use
20
district
from
any
local
hotel
and
motel
tax
authorized
by
21
section
423A.4
may
be
expended
for
any
lawful
purpose
of
the
22
land
use
district.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
permits
a
land
use
district
created
under
Code
27
sections
303.41
through
303.68
to
impose
the
local
hotel
and
28
motel
tax
under
Code
chapter
423A
upon
the
renting
of
any
29
lodging
within
the
land
use
district.
The
bill
amends
the
30
powers
and
duties
of
the
board
of
trustees
of
a
land
use
31
district
to
permit
the
board
to
impose
the
tax.
32
The
tax
may
only
be
imposed
by
ordinance
of
the
board
of
33
trustees
of
the
district
after
an
election
at
which
a
majority
34
of
those
voting
favors
imposition.
Only
registered
voters
35
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186
of
the
land
use
district
are
permitted
to
vote,
and
the
tax
1
only
applies
within
the
corporate
boundaries
of
the
land
use
2
district.
A
majority
vote
of
the
registered
voters
of
the
3
district
is
also
required
for
a
repeal
or
rate
change.
The
tax
4
rate
may
not
exceed
7
percent
and
must
be
in
increments
of
one
5
or
more
full
percentage
points.
6
The
bill
provides
that
revenues
derived
by
a
land
use
7
district
from
the
local
hotel
and
motel
tax
may
be
expended
8
for
any
lawful
purposes
of
the
land
use
district.
The
bill
9
also
provides
that
a
hotel
and
motel
tax
imposed
by
a
city
or
10
county
shall
not
be
imposed
within
the
corporate
boundaries
of
11
a
land
use
district
during
any
period
of
time
that
the
land
use
12
district
is
imposing
a
hotel
and
motel
tax.
The
bill
amends
13
provisions
of
Code
sections
423A.4
and
423A.7
relating
to
the
14
power
to
pledge
future
hotel
and
motel
tax
revenues
toward
15
the
payment
of
certain
bonds
to
specify
that
such
bonding
16
provisions
only
apply
to
cities
and
counties
that
levy
the
tax.
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