House
File
609
-
Introduced
HOUSE
FILE
609
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
186)
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:
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609
Section
1.
Section
303.52,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
a.
The
board
of
trustees
may
by
3
ordinance
impose
a
hotel
and
motel
tax
in
accordance
with
4
chapter
423A.
5
b.
All
revenues
derived
from
imposition
of
the
hotel
and
6
motel
tax
shall
be
spent
exclusively
on
the
acquisition
of
7
sites
for,
or
constructing,
improving,
enlarging,
equipping,
8
repairing,
operating,
or
maintaining
of
recreation,
convention,
9
cultural,
or
entertainment
facilities
including
but
not
limited
10
to
memorial
buildings,
halls
and
monuments,
civic
center
11
convention
buildings,
auditoriums,
coliseums,
and
parking
12
areas
or
facilities
located
at
those
recreation,
convention,
13
cultural,
or
entertainment
facilities,
or
for
the
promotion
and
14
encouragement
of
tourist
and
convention
business
in
the
land
15
use
district
and
surrounding
areas.
16
Sec.
2.
Section
423A.4,
Code
2017,
is
amended
to
read
as
17
follows:
18
423A.4
Locally
imposed
hotel
and
motel
tax.
19
1.
A
city
or
,
a
county
,
or
a
land
use
district
created
under
20
chapter
303,
subchapter
IV,
may
impose
,
by
ordinance
of
the
21
city
council
or
by
resolution
of
the
board
of
supervisors
or
22
by
ordinance
of
the
board
of
trustees,
a
hotel
and
motel
tax,
23
at
a
rate
not
to
exceed
seven
percent,
which
shall
be
imposed
24
in
increments
of
one
or
more
full
percentage
points
upon
the
25
sales
price
from
the
renting
of
lodging.
The
tax
when
imposed
26
by
a
city
shall
apply
only
within
the
corporate
boundaries
27
of
that
city
,
and
when
imposed
by
a
county
shall
apply
only
28
outside
incorporated
areas
within
that
county
,
and
when
imposed
29
by
a
land
use
district
shall
apply
only
within
the
corporate
30
boundaries
of
that
district
.
A
hotel
and
motel
tax
imposed
31
by
a
city
or
county
shall
not
be
imposed
within
the
corporate
32
boundaries
of
a
land
use
district
during
any
period
of
time
33
that
the
land
use
district
is
imposing
a
hotel
and
motel
tax.
34
2.
Within
ten
days
of
the
election
at
which
a
majority
of
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609
those
voting
on
the
question
favors
the
imposition,
repeal,
1
or
change
in
the
rate
of
the
hotel
and
motel
tax,
the
county
2
auditor
shall
give
written
notice
by
sending
a
copy
of
the
3
abstract
of
votes
from
the
favorable
election
to
the
director
4
of
revenue.
5
3.
A
local
hotel
and
motel
tax
shall
be
imposed
on
January
6
1
or
July
1,
following
the
notification
of
the
director
of
7
revenue.
Once
imposed,
the
tax
shall
remain
in
effect
at
the
8
rate
imposed
for
a
minimum
of
one
year.
A
local
hotel
and
motel
9
tax
shall
terminate
only
on
June
30
or
December
31.
At
least
10
forty-five
days
prior
to
the
tax
being
effective
or
prior
to
a
11
revision
in
the
tax
rate
or
prior
to
the
repeal
of
the
tax,
a
12
city
,
or
county
,
or
land
use
district
shall
provide
notice
by
13
mail
of
such
action
to
the
director
of
revenue.
The
director
14
shall
have
the
authority
to
waive
the
notice
requirement.
15
4.
a.
A
city
,
or
county
,
or
land
use
district
shall
impose
16
or
repeal
a
hotel
and
motel
tax
or
increase
or
reduce
the
tax
17
rate
only
after
an
election
at
which
a
majority
of
those
voting
18
on
the
question
favors
imposition,
repeal,
or
change
in
rate.
19
However,
a
hotel
and
motel
tax
of
a
city
or
county
shall
not
20
be
repealed
or
reduced
in
rate
if
obligations
are
outstanding
21
which
are
payable
as
provided
in
section
423A.7
,
unless
funds
22
sufficient
to
pay
the
principal,
interest,
and
premium,
if
any,
23
on
the
outstanding
obligations
at
and
prior
to
maturity
have
24
been
properly
set
aside
and
pledged
for
that
purpose.
25
b.
If
the
tax
applies
only
within
the
corporate
boundaries
26
of
a
city,
only
the
registered
voters
of
the
city
shall
be
27
permitted
to
vote.
The
election
shall
be
held
at
the
time
of
28
the
regular
city
election
or
at
a
special
election
called
for
29
that
purpose.
If
the
tax
applies
only
in
the
unincorporated
30
areas
of
a
county
or
only
within
the
corporate
boundaries
31
of
a
land
use
district
,
only
the
registered
voters
of
the
32
unincorporated
areas
of
the
county
or
the
registered
voters
of
33
the
land
use
district,
as
applicable,
shall
be
permitted
to
34
vote.
The
election
shall
be
held
at
the
time
of
the
general
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election
or
at
a
special
election
called
for
that
purpose.
1
Sec.
3.
Section
423A.6,
subsection
1,
Code
2017,
is
amended
2
to
read
as
follows:
3
1.
The
director
of
revenue
shall
administer
the
state
and
4
local
hotel
and
motel
tax
as
nearly
as
possible
in
conjunction
5
with
the
administration
of
the
state
sales
tax
law,
except
6
that
portion
of
the
law
which
implements
the
streamlined
sales
7
and
use
tax
agreement.
The
director
shall
provide
appropriate
8
forms,
or
provide
on
the
regular
state
tax
forms,
for
reporting
9
state
and
local
hotel
and
motel
tax
liability.
All
moneys
10
received
or
refunded
one
hundred
eighty
days
after
the
date
11
on
which
a
city
,
or
county
,
or
land
use
district
terminates
12
its
local
hotel
and
motel
tax
and
all
moneys
received
from
the
13
state
hotel
and
motel
tax
shall
be
deposited
in
or
withdrawn
14
from
the
general
fund
of
the
state.
15
Sec.
4.
Section
423A.7,
subsection
2,
Code
2017,
is
amended
16
to
read
as
follows:
17
2.
All
moneys
in
the
local
transient
guest
tax
fund
shall
18
be
remitted
at
least
quarterly
by
the
department,
pursuant
to
19
rules
of
the
director
of
revenue,
to
each
city
in
the
amount
20
collected
from
businesses
in
that
city
,
and
to
each
county
in
21
the
amount
collected
from
businesses
in
the
unincorporated
22
areas
of
the
county
,
and
to
each
land
use
district
in
the
23
amount
collected
from
businesses
in
that
land
use
district
.
24
Sec.
5.
Section
423A.7,
subsection
4,
unnumbered
paragraph
25
1,
Code
2017,
is
amended
to
read
as
follows:
26
The
revenue
derived
by
a
city
or
county
from
any
local
hotel
27
and
motel
tax
authorized
by
section
423A.4
shall
be
used
by
a
28
city
or
county
as
follows:
29
Sec.
6.
Section
423A.7,
Code
2017,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
5.
The
revenue
derived
by
a
land
use
32
district
from
any
local
hotel
and
motel
tax
authorized
by
33
section
423A.4
shall
be
expended
exclusively
for
the
purposes
34
set
forth
in
section
303.52,
subsection
3A,
paragraph
“b”
.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
permits
a
land
use
district
created
under
Code
4
sections
303.41
through
303.68
to
impose
the
local
hotel
and
5
motel
tax
under
Code
chapter
423A
upon
the
renting
of
any
6
lodging
within
the
land
use
district.
The
bill
amends
the
7
powers
and
duties
of
the
board
of
trustees
of
a
land
use
8
district
to
permit
the
board
to
impose
the
tax.
9
The
tax
may
only
be
imposed
by
ordinance
of
the
board
of
10
trustees
of
the
district
after
an
election
at
which
a
majority
11
of
those
voting
favors
imposition.
Only
registered
voters
12
of
the
land
use
district
are
permitted
to
vote,
and
the
tax
13
only
applies
within
the
corporate
boundaries
of
the
land
use
14
district.
A
majority
vote
of
the
registered
voters
of
the
15
district
is
also
required
for
a
repeal
or
rate
change.
The
tax
16
rate
may
not
exceed
7
percent
and
must
be
in
increments
of
one
17
or
more
full
percentage
points.
18
The
bill
provides
that
revenues
derived
by
a
land
use
19
district
from
the
local
hotel
and
motel
tax
must
be
spent
20
exclusively
on
certain
recreation,
convention,
cultural,
or
21
entertainment
facilities
as
specified
in
the
bill
or
for
the
22
promotion
and
encouragement
of
tourist
and
convention
business
23
in
the
district
and
surrounding
areas.
The
bill
also
provides
24
that
a
hotel
and
motel
tax
imposed
by
a
city
or
county
shall
25
not
be
imposed
within
the
corporate
boundaries
of
a
land
use
26
district
during
any
period
of
time
that
the
land
use
district
27
is
imposing
a
hotel
and
motel
tax.
The
bill
amends
provisions
28
of
Code
sections
423A.4
and
423A.7
relating
to
the
power
to
29
pledge
future
hotel
and
motel
tax
revenues
toward
the
payment
30
of
certain
bonds
to
specify
that
such
bonding
provisions
only
31
apply
to
cities
and
counties
that
levy
the
tax.
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