Bill Text: IA SF2312 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act modifying the state sales tax rebate to the owner or operator of a baseball and softball tournament facility and movie site. (Formerly SSB 3146 and SF 2212.)
Sponsorship: Committee Bill
Status: (Enrolled - Dead) 2016-04-29 - Sent to Governor. S.J. 0. [SF2312 Detail]
Download: Iowa-2015-SF2312-Enrolled.html
Senate File 2312 - Enrolled
SENATE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO SF 2212)
(SUCCESSOR TO SSB
3146)
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A BILL FOR
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Senate File 2312
AN ACT
MODIFYING THE STATE SALES TAX REBATE TO THE OWNER OR OPERATOR
OF A BASEBALL AND SOFTBALL TOURNAMENT FACILITY AND MOVIE
SITE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 15F.207 Baseball and softball
complex sales tax rebate.
1. Definitions. As used in this section, unless the
context otherwise requires, "baseball and softball complex" and
"owner or operator" mean the same as defined in section 423.4,
subsection 10.
2. Application. An entity that has made or is making an
application under section 15F.202, subsection 2, for financial
assistance for a project may make an application for the sales
tax rebate provided under section 423.4, subsection 10. The
application shall be made in the same manner and form as
provided in section 15F.202, subsection 2, and shall include
but not be limited to the same information as required in
section 15F.202, subsection 2.
3. Eligibility.
a. The project must satisfy all of the following criteria
to be eligible for a sales tax rebate:
(1) The project upon completion will be a baseball and
softball complex.
(2) The entity making the application is or will become the
owner or operator of the baseball and softball complex.
b. A project shall not be required to be receiving an award
of financial assistance under another part of the program
in order to be awarded a sales tax rebate pursuant to this
section.
4. Application review and award.
a. Applications for the sales tax rebate shall be submitted
to the authority. For those applications that meet the
eligibility criteria, the authority shall provide a staff
review and evaluation, with recommendation, to the board.
b. When reviewing applications, the authority shall
consider, at a minimum, the same factors provided in section
15F.203, subsection 3, excluding paragraph "f" of that
subsection.
c. Upon review of the recommendation of the authority, the
board shall approve, defer, or deny an application.
d. Upon approval of an application for a sales tax rebate,
the board shall notify the department of revenue regarding the
amount of the sales tax rebate award, a description of the
project comprising the baseball and softball complex, and any
other information reasonably requested by the department in
order to administer the sales tax rebate.
5. Maximum award amount. The board shall not award more
than two million five hundred thousand dollars in sales tax
rebates for any one baseball and softball complex, and shall
not award more than five million dollars in total sales tax
rebates for all baseball and softball complexes.
6. Future repeal. This section is repealed thirty days
following the date on which five million dollars in total
rebates have been awarded. The board shall notify the Iowa
Code editor upon occurrence of this condition.
Sec. 2. Section 423.2, subsection 11, paragraph a,
subparagraph (2), Code 2016, is amended to read as follows:
(2) Subsequent to the deposit into the general fund
of the state, the director shall credit an amount equal to
the product of the sales tax rate imposed in this section
times the sales price of the tangible personal property or
services furnished to purchasers at a baseball and softball
tournament facility and movie site meeting complex that has
received an award under section 15F.207 and that meets the
qualifications of section 423.4, subsection 10, into the
baseball and softball tournament facility and movie site
complex sales tax rebate fund created under section 423.4,
subsection 10, paragraph "e". The director shall credit the
moneys beginning the first day of the quarter following July
1, 2012 2016. This subparagraph is repealed June 30, 2024, or
thirty days following the date on which sixteen million five
hundred thousand five million dollars in total rebates have
been provided under section 423.4, subsection 10, or thirty
days following the date on which rebates cease as provided in
section 423.4, subsection 10, paragraph "c", subparagraph (4),
whichever is earliest.
Sec. 3. Section 423.2, subsection 11, paragraph b,
subparagraph (4), Code 2016, is amended to read as follows:
(4) Transfer to the baseball and softball tournament
facility and movie site complex sales tax rebate fund that
portion of the sales tax receipts described in paragraph "a",
subparagraph (2), remaining after the transfers required
under subparagraphs (1), (2), and (3) of this paragraph "b".
This subparagraph is repealed June 30, 2024, or thirty days
following the date on which sixteen million five hundred
thousand five million dollars in total rebates have been
provided under section 423.4, subsection 10, or thirty days
following the date on which rebates cease as provided in
section 423.4, subsection 10, paragraph "c", subparagraph (4),
whichever is earliest.
Sec. 4. Section 423.4, subsection 10, Code 2016, is amended
to read as follows:
10. a. For purposes of this subsection:
(1) "Baseball and softball tournament facility and movie
site" means a baseball and softball tournament complex and
tourist destination, which facility is located on a maximum
of two hundred seventy=nine acres, located inside or within
three miles of the city limits of a city with a population of
at least four thousand but not more than five thousand five
hundred residents, which city is located in a county with a
population of at least ninety=three thousand but not more than
one hundred thousand residents and where the construction on
the baseball and softball tournament facility commenced not
later than July 1, 2013, and the cost of the construction upon
completion was at least thirty=eight million dollars. "Baseball
and softball complex" means a baseball and softball complex
located in this state that has a project completion date that
is after July 1, 2016, and that has a cost of construction
upon completion that is at least ten million dollars.
(2) "Change of control" means any of the following:
(a) Any change in the ownership of the original or any
subsequent legal entity that is the owner or operator of the
baseball and softball tournament facility and movie site
complex such that more than fifty=one percent of the equity
interests or voting interest in the legal entity cease ceases
to be owned by individuals who are residents of Iowa, an Iowa
corporation, or combination of both.
(b) The original owners of the legal entity that is the
owner or operator of the baseball and softball tournament
facility and movie site complex shall collectively cease to
own or control more than fifty percent of the voting equity
interests or voting interest of such legal entity or shall
otherwise cease to have effective control of such legal
entity.
(3) "Iowa corporation" means a corporation incorporated
under the laws of Iowa where more than fifty=one percent of
the corporation's equity interests or voting interest are
owned or controlled by individuals who are residents of Iowa.
(4) "Owner or operator" means a for=profit legal entity
where more than fifty=one percent of its equity interests are
or voting interest is owned or controlled by individuals who
are residents of Iowa, an Iowa corporation, or combination
of both and that is the owner or operator of a baseball and
softball tournament facility and movie site complex and is
primarily a promoter of baseball and or softball tournaments,
or both.
(5) "Population" means the population based upon the 2010
certified federal census. "Project completion date" means the
date on which a baseball and softball complex is placed into
service.
b. The owner or operator of a baseball and softball
tournament facility and movie site may apply to the department
for complex that has received an award under section 15F.207
shall be entitled to a rebate of sales tax imposed and
collected by retailers upon sales of any goods, wares,
merchandise, admission tickets, or services furnished to
purchasers at the baseball and softball tournament facility
and movie site complex.
c. The rebate may be obtained only in the following amounts
and manner and only under the following conditions:
(1) On forms furnished by the department within the time
period provided by the department by rule, which time period
shall not be longer than quarterly.
(2) The owner or operator shall provide information as
deemed necessary by the department.
(3) The transactions for which sales tax was collected and
the rebate is sought occurred on or after January 1, 2014, but
before January 1, 2024 the baseball and softball complex's
project completion date or the date on which the award under
section 15F.207 was made, whichever is later, but before the
date which is ten years after the project completion date.
However, not more than sixteen million five hundred thousand
the amount of rebates provided to a baseball and softball
complex shall not exceed the amount of the award under section
15F.207, and not more than five million dollars in total
rebates shall be provided pursuant to this subsection.
(4) Notwithstanding subparagraph (3), the rebate of
sales tax to a baseball and softball complex shall cease for
transactions occurring on or after the date of the change of
control of the baseball and softball tournament facility and
movie site complex.
d. To assist the department in determining the amount
of the rebate, the owner or operator shall identify to the
department retailers located at the baseball and softball
tournament facility and movie site complex who will be
collecting sales tax. The department shall verify such
identity and ensure that all proper permits have been issued.
For purposes of this subsection, advance ticket and admissions
sales shall be considered occurring at the baseball and
softball tournament facility and movie site complex regardless
of where the transactions actually occur.
e. There is established within the state treasury under
the control of the department a baseball and softball
tournament facility and movie site complex sales tax rebate
fund consisting of the amount of state sales tax revenues
transferred pursuant to section 423.2, subsection 11,
paragraph "b", subparagraph (4). An account is created within
the fund for each baseball and softball tournament facility
and movie site complex receiving an award under section
15F.207 and meeting the qualifications of this subsection.
Moneys in the fund shall only be used to provide rebates
of state sales tax pursuant to this subsection, and only
the state sales tax revenues in the baseball and softball
tournament facility and movie site complex rebate fund are
subject to rebate under this subsection. Not more than
sixteen million five hundred thousand The amount of rebates
paid from each baseball and softball complex's account within
the fund shall not exceed the amount of the award under
section 15F.207, and not more than five million dollars in
total rebates shall be paid from the fund. Any moneys in
the fund which represent state sales tax revenue for which
the time period in paragraph "c" for receiving a rebate
has expired, or which otherwise represent state sales tax
revenue that has become ineligible for rebate pursuant to this
subsection, shall immediately revert to the general fund of
this state.
f. Upon determining that the conditions and requirements
of this subsection and the department are met, the department
shall issue a warrant from the applicable account within the
baseball and softball tournament facility and movie site
complex rebate fund to the owner or operator in the amount
equal to the amount claimed and verified by the department.
g. This subsection is repealed June 30, 2024, or thirty
days following the date on which sixteen million five
hundred thousand five million dollars in total rebates have
been provided, or thirty days following the date on which
rebates cease as provided in paragraph "c", subparagraph (4),
whichever is the earliest. The director of revenue shall
notify the Iowa Code editor upon occurrence of this condition.
PAM JOCHUM
President of the Senate
LINDA UPMEYER
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2312, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2016
TERRY E. BRANSTAD
Governor
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