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
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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
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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,
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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
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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
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