Bill Text: IA HF396 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to live adult entertainment facilities, including creating a human trafficking and child sexual exploitation prevention fund, and providing for the assessment of a surcharge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-14 - Introduced, referred to Public Safety. H.J. 295. [HF396 Detail]

Download: Iowa-2019-HF396-Introduced.html
House File 396 - Introduced HOUSE FILE 396 BY SALMON A BILL FOR An Act relating to live adult entertainment facilities, 1 including creating a human trafficking and child sexual 2 exploitation prevention fund, and providing for the 3 assessment of a surcharge. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1978YH (7) 88 jm/jh
H.F. 396 Section 1. NEW SECTION . 423H.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Live adult entertainment facility” means a striptease 4 club or other business that serves or permits the consumption 5 of alcohol on the premises of the business during at least 6 thirty days in a calendar year, offers or provides activities 7 by employees, agents, or contractors of the business that 8 involve nude or partially clothed persons that, when considered 9 as a whole, appeal primarily to an interest in nudity or sex. 10 2. “Nude or partially clothed person” means any of the 11 following 12 a. A person who is entirely unclothed. 13 b. A person who is partially clothed in such a way that 14 leaves uncovered or visible through less than fully opaque 15 clothing any portion of the female breast below the top of 16 the areola of the breast, or any portion of the genitals or 17 buttocks. 18 3. “Operator” means a person who owns or operates a live 19 adult entertainment facility in this state. 20 Sec. 2. NEW SECTION . 423H.2 Surcharge —— collection —— 21 enforcement —— remittance. 22 1. a. Beginning January 1, 2020, and every year thereafter, 23 an annual surcharge shall be assessed against each live adult 24 entertainment facility in an amount that equals the product of 25 five dollars multiplied by the number of customers admitted to 26 the operator’s live adult entertainment facility during the 27 calendar year. 28 b. A live adult entertainment facility shall keep and make 29 available records, receipts, invoices, and other pertinent 30 papers relating to the number of customers entering the 31 facility each calendar year as the director of the department 32 of revenue shall require, in the form that the director shall 33 require, for as long as the director has the authority to 34 examine and determine the surcharge due. 35 -1- LSB 1978YH (7) 88 jm/jh 1/ 5
H.F. 396 2. This section shall not be construed as requiring the 1 surcharge to be paid by each customer of the live adult 2 entertainment facility. 3 3. Beginning January 15, 2021, and every January 15 4 thereafter, the surcharge as calculated under subsection 1 5 is due and payable, and shall be paid by the operator to the 6 department of revenue on forms prescribed by the department of 7 revenue. 8 4. Revenues from the surcharge shall be deposited into 9 the human trafficking and child exploitation prevention fund 10 created in section 710B.1. 11 5. If the operator does not pay the surcharge, the operator 12 shall also pay interest on the surcharge at the rate in effect 13 under section 421.7 for each month counting each fraction 14 of a month as an entire month, computed from the date the 15 annual tax deposit form was required to be filed. The penalty 16 and interest shall be paid to the department of revenue and 17 disposed of in the same manner as provided in subsection 4. 18 Unpaid surcharges, penalties, and interest may be enforced in 19 the same manner as the taxes imposed under chapter 423. 20 Sec. 3. NEW SECTION . 710B.1 Human trafficking and child 21 exploitation prevention fund. 22 1. The department of revenue shall annually remit all 23 surcharge revenue collected under section 423H.2 to the 24 treasurer of state in the manner prescribed by the treasurer of 25 state. 26 2. A human trafficking and child exploitation prevention 27 fund is created in the state treasury as a separate fund 28 under the control of the department of justice. All moneys 29 deposited or paid into the fund pursuant to subsection 1 are 30 appropriated and made available to the department to be used 31 to provide grants to governmental and nongovernmental entities 32 and individuals involved with upholding community standards of 33 decency, strengthening families, or developing, expanding, or 34 strengthening programs for child victims of human trafficking, 35 -2- LSB 1978YH (7) 88 jm/jh 2/ 5
H.F. 396 to be used for any of the following: 1 a. Rape kit testing. 2 b. Physical and mental health services. 3 c. Temporary and permanent housing or shelter. 4 d. Employment, education, and job training. 5 e. Training for first responders and educational campaigns 6 for the public to increase awareness to prevent, and to protect 7 victims of, human trafficking, domestic violence, prostitution, 8 child abuse, and rape. 9 f. For medical examination costs pursuant to section 915.41, 10 for the department of justice’s prosecutor-based victim service 11 coordination, including the duties defined in sections 910.3 12 and 910.6, for the awarding of funds to programs that provide 13 services and support to victims of domestic abuse pursuant to 14 chapter 236, for victims of sexual abuse as provided in chapter 15 236A, for reimbursement to the Iowa law enforcement academy for 16 domestic abuse and human trafficking training, for the support 17 of an automated victim notification system pursuant to section 18 915.10A, for training for victim service providers, for victim 19 service programming, to provide training concerning homicide, 20 domestic assault, sexual assault, stalking, harassment, and to 21 conduct outreach, awareness, and training on human trafficking 22 pursuant to section 710A.6. 23 g. Family counseling. 24 h. Creative arts that do not contain or promote obscene 25 material. 26 i. Border security. 27 j. State agency support programs assisting victims of human 28 trafficking. 29 k. To support the governor’s initiatives on human 30 trafficking, programs upholding community standards of decency, 31 and state security. 32 l. Human trafficking enforcement programs. 33 3. Notwithstanding section 8.33, any balance in the fund on 34 June 30 of any fiscal year shall not revert to the general fund 35 -3- LSB 1978YH (7) 88 jm/jh 3/ 5
H.F. 396 of the state. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to live adult entertainment facilities, 5 including creating a human trafficking and child sexual 6 exploitation prevention fund, and providing for the assessment 7 of a surcharge. 8 The bill provides that beginning January 1, 2020, and every 9 year thereafter, an annual surcharge shall be assessed against 10 each live adult entertainment facility in an amount that 11 equals the product of $5 multiplied by the number of customers 12 admitted to the operator’s live adult entertainment facility 13 during the calendar year. 14 The bill provides that beginning January 15, 2021, and every 15 January 15 thereafter, the surcharge as calculated under the 16 bill is due and payable, and shall be paid by the operator to 17 the department of revenue on forms prescribed by the department 18 of revenue. 19 The bill requires the live adult entertainment facility to 20 keep records, receipts, invoices, and other pertinent papers 21 relating to the number of customers entering the facility each 22 calendar year, and open such records for inspection as the 23 director of the department of revenue requires. 24 The bill specifies that revenues from the surcharge shall 25 be deposited into the human trafficking and child exploitation 26 prevention fund created in the bill. 27 The bill defines “live adult entertainment facilities”, 28 “nude or partially clothed person”, and “operator”. 29 The bill creates a human trafficking and child exploitation 30 prevention fund under the control of the department of justice. 31 All moneys deposited or paid into the fund are appropriated 32 and made available to the department of justice to be used to 33 provide grants to governmental and nongovernmental entities 34 and individuals involved with upholding community standards of 35 -4- LSB 1978YH (7) 88 jm/jh 4/ 5
H.F. 396 decency, strengthening families, or developing, expanding, or 1 strengthening programs for child victims of human trafficking 2 to be used for any of the activities as detailed in the bill. 3 -5- LSB 1978YH (7) 88 jm/jh 5/ 5
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