HomeMy WebLinkAbout2005-03-04 Correspondence-PIS4
Senate Study Bill 1231
SENATE FILE
BY (PROPOSED COMMITTEE ON
WAYS AND MEANS BILL BY
CO=CHAIRPERSONS BOLKCOM
AND ZIEMAN)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act increasing the maximum rate of the local hotel and motel
2 tax.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 1 Section 1. Section 423A.1, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 A city or county may impose by ordinance of the city
1 4 council or by resolution of the board of supervisors a hotel
1 5 and motel tax, at a rate not to exceed s ALQ44 nine percent,
1 6 which shall be imposed in increments of one or more full
1 7 percentage points upon the sales price from the renting of
1 8 sleeping rooms, apartments, or sleeping quarters in a hotel,
1 9 motel, inn, public lodging house, rooming house, manufactured
1 10 or mobile home which is tangible personal property, or tourist
1 11 court, or in any place where sleeping accommodations are
1 12 furnished to transient guests for rent, whether with or
1 13 without meals; except the sales price from the renting of
1 14 sleeping rooms in dormitories and in memorial unions at all
1 15 universities and colleges located in the state of Iowa and the
1 16 guests of a religious institution if the property is exempt
1 17 under section 427.1, subsection 8, and the purpose of renting
1 18 is to provide a place for a religious retreat or function and
1 19 not a place for transient guests generally. The tax when
1 20 imposed by a city shall apply only within the corporate
1 21 boundaries of that city and when imposed by a county shall
1 22 apply only outside incorporated areas within that county.
1 23 "Renting" and "rent" include any kind of direct or indirect
1 24 charge for such sleeping rooms, apartments, or sleeping
1 25 quarters, or their use. However, the tax does not apply to
1 26 the sales price from the renting of a sleeping room,
1 27 apartment, or sleeping quarters while rented by the same
1 28 person for a period of more than thirty=one consecutive days.
1 29 EXPLANATION
1 30 This bill increases from 7 percent to 9 percent the maximum
Pagel of 2
http://coolice.legis.state.ia.us/Legislation/all%20other/SSB 1231.html 3/3/2005
Passed Senate, Date
Vote: Ayes Nays
Approved _
A BILL FOR
FILED MAR 12005
SENATE FILE a y
BY BOLKCOM JUDICIARY
Passed House,
Vote: Ayes _
Date
Nays
1 An Act relating to the purchase, possession, or consumption of
2 alcohol by a person under 21 years of age and increasing
3 fines.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 123.47, subsection 3. Code 2005, is
2 amended to read as follows:
3 3. A person who is under legal age, other than a licensee
4 or permittee, who violates this section regarding the purchase
5 of or attempt to purchase alcoholic liquor, wine, or beer, or
6 possessing or having control of alcoholic liquor, wine, or
7 beer, commits a simple misdemeanor punishable by -a -fine -of -one
8 hundred -dollars as a scheduled violation under section 805.8C,
9 subsection 2A, for the first offense. A second or subsequent
10 .offense shall be a simple misdemeanor punishable by a fine of
11 two three hundred fifty dollars and the suspension of the
12 person's motor vehicle operating privileges for a period not
13 to exceed one year. The court may, in its discretion, order
14 the person who is under legal age to perform community service
15 work under section 909.3A, of an equivalent value to the fine
16 imposed ender for a violation of this section. However, if
17 the person who commits the violation of this section is under
18 the age of eighteen, the matter shall be disposed of in the
19 manner provided in chapter 232.
20 Sec. 2. Section 805.8C, Code 2005, is amended by adding
21 the following new subsection:
22 NEW SUBSECTION. 2A. ALCOHOLIC BEVERAGE VIOLATIONS BY
23 PERSONS UNDER LEGAL AGE. For violations of section 123.47,
24 subsection 3, the scheduled fine is two hundred fifty dollars
25 for the first offense.
26 EXPLANATION
27 This bill relates to the purchase, possession, or
28 consumption of alcohol by a person under 21 years of age.
29 The bill changes the first offense violation for
30 purchasing, possessing, or consuming alcohol under legal age
31 from a simple misdemeanor to a simple misdemeanor punishable
32 as a scheduled violation, and changes the fine amount from
33 $100 to $250.
34 Under the bill, a second or subsequent violation remains a
35 simple misdemeanor, but the bill changes the fine amount from
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1 $200 to $350. A second or subsequent violation continues to
2 carry with it a mandatory suspension of the violator's
3 driver's license for up to one year.
4 A scheduled violation is a simple misdemeanor punishable
5 only by a fine pursuant to Code section 805.11. A person
6 charged with a scheduled violation may enter a plea of guilty
7 without a formal court appearance. Persons under the age of
8 18 who violate the bill's prohibitions remain subject to
9 juvenile court.
10 A simple misdemeanor is punishable by confinement for no
11 more than 30 days or a fine of at least $50 but not more than
12 $500 or by both.
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