Bill Text: IA SSB3225 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to state regulatory matters by exempting from sales tax the furnishing of certain environmental testing services, modifying the registration and regulation of motorsports recreational vehicles, recreational vehicle operators, and recreational vehicle cargo, and including fees, penalties, and effective date provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2014-05-01 - In Ways and Means [SSB3225 Detail]
Download: Iowa-2013-SSB3225-Introduced.html
Senate
Study
Bill
3225
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
state
regulatory
matters
by
exempting
from
1
sales
tax
the
furnishing
of
certain
environmental
testing
2
services,
modifying
the
registration
and
regulation
of
3
motorsports
recreational
vehicles,
recreational
vehicle
4
operators,
and
recreational
vehicle
cargo,
and
including
5
fees,
penalties,
and
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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6234XC
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_____
DIVISION
I
1
ENVIRONMENTAL
TESTING
SALES
TAX
EXEMPTION
2
Section
1.
Section
423.2,
subsection
6,
paragraph
a,
Code
3
2014,
is
amended
to
read
as
follows:
4
a.
The
sales
price
of
any
of
the
following
enumerated
5
services
is
subject
to
the
tax
imposed
by
subsection
6
5
:
alteration
and
garment
repair;
armored
car;
vehicle
repair;
7
battery,
tire,
and
allied;
investment
counseling;
service
8
charges
of
all
financial
institutions;
barber
and
beauty;
9
boat
repair;
vehicle
wash
and
wax;
campgrounds;
carpentry;
10
roof,
shingle,
and
glass
repair;
dance
schools
and
dance
11
studios;
dating
services;
dry
cleaning,
pressing,
dyeing,
and
12
laundering;
electrical
and
electronic
repair
and
installation;
13
excavating
and
grading;
farm
implement
repair
of
all
kinds;
14
flying
service;
furniture,
rug,
carpet,
and
upholstery
15
repair
and
cleaning;
fur
storage
and
repair;
golf
and
country
16
clubs
and
all
commercial
recreation;
gun
and
camera
repair;
17
house
and
building
moving;
household
appliance,
television,
18
and
radio
repair;
janitorial
and
building
maintenance
or
19
cleaning;
jewelry
and
watch
repair;
lawn
care,
landscaping,
20
and
tree
trimming
and
removal;
limousine
service,
including
21
driver;
machine
operator;
machine
repair
of
all
kinds;
motor
22
repair;
motorcycle,
scooter,
and
bicycle
repair;
oilers
and
23
lubricators;
office
and
business
machine
repair;
painting,
24
papering,
and
interior
decorating;
parking
facilities;
pay
25
television;
pet
grooming;
pipe
fitting
and
plumbing;
wood
26
preparation;
executive
search
agencies;
private
employment
27
agencies,
excluding
services
for
placing
a
person
in
employment
28
where
the
principal
place
of
employment
of
that
person
is
to
29
be
located
outside
of
the
state;
reflexology;
security
and
30
detective
services,
excluding
private
security
and
detective
31
services
furnished
by
a
peace
officer
with
the
knowledge
and
32
consent
of
the
chief
executive
officer
of
the
peace
officer’s
33
law
enforcement
agency;
sewage
services
for
nonresidential
34
commercial
operations;
sewing
and
stitching;
shoe
repair
35
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and
shoeshine;
sign
construction
and
installation;
storage
1
of
household
goods,
mini-storage,
and
warehousing
of
raw
2
agricultural
products;
swimming
pool
cleaning
and
maintenance;
3
tanning
beds
or
salons;
taxidermy
services;
telephone
4
answering
service;
test
laboratories,
including
mobile
testing
5
laboratories
and
field
testing
by
testing
laboratories,
6
and
excluding
tests
on
humans
or
animals
and
excluding
7
environmental
testing
services
;
termite,
bug,
roach,
and
8
pest
eradicators;
tin
and
sheet
metal
repair;
transportation
9
service
consisting
of
the
rental
of
recreational
vehicles
or
10
recreational
boats,
or
the
rental
of
motor
vehicles
subject
11
to
registration
which
are
registered
for
a
gross
weight
of
12
thirteen
tons
or
less
for
a
period
of
sixty
days
or
less,
or
13
the
rental
of
aircraft
for
a
period
of
sixty
days
or
less;
14
Turkish
baths,
massage,
and
reducing
salons,
excluding
services
15
provided
by
massage
therapists
licensed
under
chapter
152C
;
16
water
conditioning
and
softening;
weighing;
welding;
well
17
drilling;
wrapping,
packing,
and
packaging
of
merchandise
other
18
than
processed
meat,
fish,
fowl,
and
vegetables;
wrecking
19
service;
wrecker
and
towing.
20
Sec.
2.
Section
423.3,
Code
2014,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
101.
The
sales
price
from
the
furnishing
23
of
environmental
testing
services
performed
at
a
laboratory,
24
in
the
field,
or
by
a
mobile
testing
service.
For
purposes
25
of
this
subsection,
“environmental
testing”
means
the
physical
26
or
chemical
analysis
of
soil,
water,
wastewater,
air,
or
27
solid
waste
performed
in
order
to
ascertain
the
presence
of
28
environmental
contamination
or
degradation.
29
Sec.
3.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
30
effect
July
1,
2015.
31
DIVISION
II
32
MOTORSPORTS
RECREATIONAL
VEHICLES
33
Sec.
4.
Section
321.1,
subsection
8,
Code
2014,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
i.
A
person
operating
a
motorsports
1
recreational
vehicle
is
not
a
chauffeur.
2
Sec.
5.
Section
321.1,
subsection
36C,
Code
2014,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
e.
“Motorsports
recreational
vehicle”
means
5
a
modified
motor
vehicle
used
for
the
purpose
of
participating
6
in
motorsports
competitions
and
consisting
of
a
conversion
unit
7
mounted
on
a
truck
tractor
or
motor
truck
chassis
such
that
the
8
motor
vehicle
can
be
used
as
a
conveyance
on
the
highway
and
as
9
a
temporary
or
recreational
dwelling.
The
motor
vehicle
must
10
have
at
least
four
of
the
permanently
installed
systems
listed
11
in
paragraph
“d”
,
two
of
which
shall
be
systems
specified
in
12
paragraph
“d”
,
subparagraph
(1),
(4),
or
(5).
13
Sec.
6.
Section
321.109,
subsection
1,
paragraph
a,
Code
14
2014,
is
amended
to
read
as
follows:
15
a.
The
annual
fee
for
all
motor
vehicles
including
vehicles
16
designated
by
manufacturers
as
station
wagons,
1993
and
17
subsequent
model
year
multipurpose
vehicles,
and
2010
and
18
subsequent
model
year
motor
trucks
with
an
unladen
weight
of
19
ten
thousand
pounds
or
less,
except
motor
trucks
registered
20
under
section
321.122
,
business-trade
trucks,
special
trucks,
21
motor
homes,
motorsports
recreational
vehicles,
ambulances,
22
hearses,
motorcycles,
motorized
bicycles,
and
1992
and
older
23
model
year
multipurpose
vehicles,
shall
be
equal
to
one
24
percent
of
the
value
as
fixed
by
the
department
plus
forty
25
cents
for
each
one
hundred
pounds
or
fraction
thereof
of
26
weight
of
vehicle,
as
fixed
by
the
department.
The
weight
27
of
a
motor
vehicle,
fixed
by
the
department
for
registration
28
purposes,
shall
include
the
weight
of
a
battery,
heater,
29
bumpers,
spare
tire,
and
wheel.
Provided,
however,
that
for
30
any
new
vehicle
purchased
in
this
state
by
a
nonresident
31
for
removal
to
the
nonresident’s
state
of
residence
the
32
purchaser
may
make
application
to
the
county
treasurer
in
33
the
county
of
purchase
for
a
transit
plate
for
which
a
fee
34
of
ten
dollars
shall
be
paid.
And
provided,
however,
that
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for
any
used
vehicle
held
by
a
registered
dealer
and
not
1
currently
registered
in
this
state,
or
for
any
vehicle
held
2
by
an
individual
and
currently
registered
in
this
state,
3
when
purchased
in
this
state
by
a
nonresident
for
removal
to
4
the
nonresident’s
state
of
residence,
the
purchaser
may
make
5
application
to
the
county
treasurer
in
the
county
of
purchase
6
for
a
transit
plate
for
which
a
fee
of
three
dollars
shall
7
be
paid.
The
county
treasurer
shall
issue
a
nontransferable
8
certificate
of
registration
for
which
no
refund
shall
be
9
allowed;
and
the
transit
plates
shall
be
void
thirty
days
10
after
issuance.
Such
purchaser
may
apply
for
a
certificate
11
of
title
by
surrendering
the
manufacturer’s
or
importer’s
12
certificate
or
certificate
of
title,
duly
assigned
as
provided
13
in
this
chapter
.
In
this
event,
the
treasurer
in
the
county
14
of
purchase
shall,
when
satisfied
with
the
genuineness
and
15
regularity
of
the
application,
and
upon
payment
of
a
fee
of
16
twenty
dollars,
issue
a
certificate
of
title
in
the
name
and
17
address
of
the
nonresident
purchaser
delivering
the
title
18
to
the
owner.
If
there
is
a
security
interest
noted
on
the
19
title,
the
county
treasurer
shall
mail
to
the
secured
party
an
20
acknowledgment
of
the
notation
of
the
security
interest.
The
21
county
treasurer
shall
not
release
a
security
interest
that
22
has
been
noted
on
a
title
issued
to
a
nonresident
purchaser
23
as
provided
in
this
paragraph.
The
application
requirements
24
of
section
321.20
apply
to
a
title
issued
as
provided
in
this
25
subsection
,
except
that
a
natural
person
who
applies
for
a
26
certificate
of
title
shall
provide
either
the
person’s
social
27
security
number,
passport
number,
or
driver’s
license
number,
28
whether
the
license
was
issued
by
this
state,
another
state,
or
29
another
country.
The
provisions
of
this
subsection
relating
to
30
multipurpose
vehicles
are
effective
for
all
1993
and
subsequent
31
model
years.
The
annual
registration
fee
for
multipurpose
32
vehicles
that
are
1992
model
years
and
older
shall
be
in
33
accordance
with
section
321.124
.
34
Sec.
7.
Section
321.124,
Code
2014,
is
amended
by
adding
the
35
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following
new
subsection:
1
NEW
SUBSECTION
.
4.
a.
The
annual
registration
fee
2
for
a
motorsports
recreational
vehicle
is
four
hundred
3
dollars.
For
purposes
of
determining
that
portion
of
the
4
annual
registration
fee
which
is
based
upon
the
value
of
the
5
motorsports
recreational
vehicle,
sixty
percent
of
the
annual
6
fee
is
attributable
to
the
value
of
the
vehicle.
The
owner
of
7
a
motor
vehicle
registered
under
this
subsection
shall
certify
8
at
the
time
of
registration
or
renewal
of
registration
that
9
the
motor
vehicle
is
used
for
the
purpose
of
participating
in
10
motorsports
competition.
11
b.
If
the
department
determines
by
audit
or
other
means
that
12
a
person
registered
a
vehicle
as
a
motorsports
recreational
13
vehicle
that
is
not
qualified
for
such
registration,
the
person
14
shall
be
required
to
pay
the
difference
between
the
regular
15
annual
registration
fees
owed
for
the
vehicle
for
each
year
the
16
vehicle
was
registered
in
violation
of
this
section
and
the
17
fees
actually
paid.
18
c.
If
the
department
determines
by
audit
or
other
19
means
that
the
person
knowingly
registered
a
vehicle
as
a
20
motorsports
recreational
vehicle
that
is
not
qualified
for
such
21
registration,
the
person
shall
be
required
to
pay
a
penalty
22
for
improper
registration
in
the
amount
of
seven
hundred
fifty
23
dollars
for
each
registration
year
in
which
the
vehicle
was
24
registered
in
violation
of
this
section,
not
to
exceed
two
25
thousand
two
hundred
fifty
dollars.
26
Sec.
8.
Section
321.152,
subsection
1,
Code
2014,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
g.
Twenty-five
percent
of
each
penalty
29
collected
for
improper
motorsports
recreational
vehicle
30
registration
under
section
321.124,
subsection
4.
31
Sec.
9.
Section
321.284A,
subsection
2,
Code
2014,
is
32
amended
to
read
as
follows:
33
2.
This
section
does
not
apply
to
a
passenger
being
34
transported
in
a
motor
vehicle
designed,
maintained,
or
used
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primarily
for
the
transportation
of
persons
for
compensation,
1
or
a
passenger
being
transported
in
the
living
quarters
of
a
2
motor
home,
motorsports
recreational
vehicle,
manufactured
or
3
mobile
home,
travel
trailer,
or
fifth-wheel
travel
trailer.
4
Sec.
10.
Section
321.310,
subsections
1
and
2,
Code
2014,
5
are
amended
to
read
as
follows:
6
1.
A
motor
vehicle
shall
not
tow
a
four-wheeled
trailer
with
7
a
steering
axle,
or
more
than
one
trailer
or
semitrailer,
or
8
both
in
combination.
However,
this
section
does
not
apply
to
9
a
motor
home,
motorsports
recreational
vehicle,
multipurpose
10
vehicle,
motor
truck,
truck
tractor
or
road
tractor
nor
to
11
a
farm
tractor
towing
a
four-wheeled
trailer,
nor
to
a
farm
12
tractor
or
motor
vehicle
towing
implements
of
husbandry,
nor
to
13
a
wagon
box
trailer
used
by
a
farmer
in
transporting
produce,
14
farm
products
,
or
supplies
hauled
to
and
from
market.
15
2.
Any
four-wheeled
trailer
towed
by
a
truck
tractor
or
road
16
tractor
shall
be
registered
under
the
semitrailer
provisions
17
of
section
321.123
,
;
provided
,
however,
that
the
provisions
18
of
this
section
subsection
shall
not
be
applicable
apply
to
19
motor
vehicles
drawing
wagon
box
trailers
used
by
a
farmer
20
in
transporting
produce,
farm
products
,
or
supplies
hauled
21
to
and
from
market
,
or
to
a
four-wheeled
trailer
towed
by
a
22
motorsports
recreational
vehicle
.
23
Sec.
11.
Section
321.446,
subsection
3,
paragraph
b,
Code
24
2014,
is
amended
to
read
as
follows:
25
b.
The
transportation
of
children
in
1965
model
year
or
26
older
vehicles,
authorized
emergency
vehicles,
buses,
or
motor
27
homes,
or
motorsports
recreational
vehicles
except
when
a
child
28
is
transported
in
a
motor
home’s
or
motorsports
recreational
29
vehicle’s
passenger
seat
situated
directly
to
the
driver’s
30
right.
31
Sec.
12.
Section
321.450,
Code
2014,
is
amended
by
adding
32
the
following
new
subsection:
33
NEW
SUBSECTION
.
6.
Notwithstanding
other
provisions
of
34
this
section,
rules
adopted
under
this
section
applicable
to
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the
transportation
of
any
fuel
used
in
race
car
engines
shall
1
not
apply
to
the
transportation
of
such
fuel
if
the
fuel
is
2
contained
in
the
fuel
cells
of
a
race
car
being
transported
in
3
a
trailer
and
the
fuel
cells
are
certified
by
SFI
foundation,
4
inc.
5
Sec.
13.
Section
321.454,
Code
2014,
is
amended
to
read
as
6
follows:
7
321.454
Width
of
vehicles.
8
The
total
outside
width
of
a
vehicle
or
the
load
on
9
the
vehicle
shall
not
exceed
eight
feet
six
inches.
This
10
limitation
on
the
total
outside
width
of
a
vehicle
or
the
load
11
on
the
vehicle
does
not
include
safety
equipment
on
a
vehicle
12
or
incidental
appurtenances
or
retracted
awnings
on
motor
13
homes,
motorsports
recreational
vehicles,
travel
trailers,
or
14
fifth-wheel
travel
trailers
if
the
incidental
appurtenance
or
15
retracted
awning
is
less
than
six
inches
in
width.
However,
16
if
hay,
straw,
or
stover
is
moved
on
an
implement
of
husbandry
17
and
the
total
width
of
load
of
the
implement
of
husbandry
18
exceeds
eight
feet
six
inches,
the
implement
of
husbandry
is
19
not
subject
to
the
permit
requirements
of
chapter
321E
.
If
20
hay,
straw,
or
stover
is
moved
on
any
other
vehicle
subject
to
21
registration,
the
moves
are
subject
to
the
permit
requirements
22
for
transporting
loads
exceeding
eight
feet
six
inches
in
width
23
as
required
under
chapter
321E
.
24
Sec.
14.
Section
321.457,
subsection
2,
paragraph
j,
Code
25
2014,
is
amended
to
read
as
follows:
26
j.
A
motor
home
or
motorsports
recreational
vehicle
shall
27
not
have
an
overall
length,
excluding
front
and
rear
bumpers
28
and
safety
equipment,
in
excess
of
forty-five
feet.
29
Sec.
15.
Section
321.457,
subsection
2,
Code
2014,
is
30
amended
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
o.
Notwithstanding
any
other
provision
of
32
this
chapter,
and
to
the
extent
allowed
under
federal
law,
a
33
combination
of
two
vehicles
coupled
together,
one
of
which
is
34
a
motorsports
recreational
vehicle,
shall
not
have
an
overall
35
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length
in
excess
of
eighty-five
feet.
1
Sec.
16.
Section
322.2,
subsection
11,
Code
2014,
is
amended
2
to
read
as
follows:
3
11.
“Manufacturer”
means
any
person
engaged
in
the
business
4
of
fabricating
or
assembling
motor
vehicles.
“Manufacturer”
5
does
not
include
a
person
who
converts,
modifies,
or
alters
a
6
completed
motor
vehicle
manufactured
by
another
person
or
a
7
person
who
assembles
a
glider
kit
vehicle
as
defined
in
section
8
321.1
.
“Manufacturer”
includes
a
person
who
uses
a
completed
9
motor
vehicle
manufactured
by
another
person
to
construct
10
a
class
“B”
motor
home
as
defined
in
section
321.124
or
a
11
motorsports
recreational
vehicle
as
defined
in
section
321.1
.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
state
regulatory
matters.
16
ENVIRONMENTAL
TESTING
SALES
TAX
EXEMPTION.
Division
I
of
17
the
bill
provides
a
sales
tax
exemption
for
the
furnishing
of
18
environmental
testing
services
performed
at
a
laboratory,
in
19
the
field,
or
by
a
mobile
testing
service.
“Environmental
20
testing”
means
the
physical
or
chemical
analysis
of
soil,
21
water,
wastewater,
air,
or
solid
waste
performed
in
order
22
to
ascertain
the
presence
of
environmental
contamination
or
23
degradation.
24
By
operation
of
Code
section
423.6,
an
item
exempt
from
the
25
imposition
of
the
sales
tax
is
also
exempt
from
the
use
tax
26
imposed
in
Code
section
423.5.
27
The
division
takes
effect
July
1,
2015.
28
MOTORSPORTS
RECREATIONAL
VEHICLES.
Division
II
of
the
29
bill
establishes
a
new
motorsports
recreational
vehicle
30
classification
for
purposes
of
motor
vehicle
regulation
and
31
driver
licensing.
The
bill
defines
“motorsports
recreational
32
vehicle”
as
a
modified
motor
vehicle
used
for
the
purpose
33
of
participating
in
motorsports
competitions,
consisting
of
34
a
conversion
unit
mounted
on
a
truck
tractor
or
motor
truck
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chassis,
and
containing
systems
similar
to
the
systems
required
1
in
a
motor
home,
so
that
the
motor
vehicle
can
be
used
as
a
2
conveyance
on
the
highway
and
as
a
temporary
or
recreational
3
dwelling.
4
The
annual
registration
fee
for
a
motorsports
recreational
5
vehicle
is
$400.
At
the
time
of
registration
or
registration
6
renewal,
the
owner
must
certify
that
the
vehicle
is
used
for
7
the
purpose
of
participating
in
motorsports
competitions.
If
8
the
department
of
transportation
determines
that
a
person
9
registered
a
vehicle
as
a
motorsports
recreational
vehicle
that
10
was
not
qualified
for
such
registration,
the
person
shall
be
11
required
to
pay
the
difference
between
the
regular
registration
12
fee
for
the
vehicle
and
the
fee
actually
paid
for
each
year
13
the
vehicle
was
improperly
registered.
In
addition,
the
14
bill
imposes
a
penalty
of
$750
for
each
year
the
vehicle
was
15
improperly
registered,
not
to
exceed
$2,250.
From
each
penalty
16
collected
by
a
county
treasurer
for
improper
registration
of
17
a
motorsports
recreational
vehicle,
the
county
shall
retain
18
25
percent
of
the
penalty
for
deposit
in
the
county’s
general
19
fund.
20
The
bill
specifies
that
a
person
operating
a
motorsports
21
recreational
vehicle
is
not
a
chauffeur.
22
Current
motor
vehicle
provisions
applicable
to
motor
homes
23
are
amended
to
apply
to
motorsports
recreational
vehicles
as
24
well.
These
provisions
include
an
exception
to
open-container
25
restrictions
for
a
passenger
being
transported
in
the
living
26
quarters
of
a
motorsports
recreational
vehicle;
child
restraint
27
requirements
for
a
child
seated
directly
to
the
driver’s
28
right;
the
exclusion
of
incidental
appurtenances
or
retracted
29
awnings
from
vehicle
width
limitations;
and
an
exemption
from
30
restrictions
on
towing
a
four-wheeled
trailer
with
a
steering
31
axle
or
more
than
one
trailer
or
semitrailer.
The
bill
states
32
that
a
four-wheeled
trailer
towed
by
a
motorsports
recreational
33
vehicle
is
not
required
to
be
registered
as
a
semitrailer.
34
The
bill
limits
the
length
of
a
motorsports
recreational
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S.F.
_____
vehicle,
excluding
front
and
rear
bumpers
and
safety
equipment,
1
to
not
more
than
45
feet.
To
the
extent
allowed
under
federal
2
law,
the
maximum
length
for
a
combination
of
two
vehicles
3
coupled
together,
one
of
which
is
a
motorsports
recreational
4
vehicle,
is
85
feet.
5
Under
current
law,
the
department
of
transportation
has
6
adopted
rules,
in
compliance
with
federal
regulations,
7
relating
to
the
transportation
of
hazardous
materials.
The
8
bill
provides
that
rules
applicable
to
the
transportation
9
of
any
fuel
used
in
race
car
engines
shall
not
apply
to
the
10
transportation
of
fuel
contained
in
the
fuel
cells
of
a
race
11
car
being
transported
in
a
trailer
if
the
fuel
cells
are
12
certified
by
SFI
foundation,
inc.
13
The
bill
amends
the
definition
of
“manufacturer”
to
include
14
a
person
who
uses
a
completed
motor
vehicle
manufactured
by
15
another
person
to
construct
a
motorsports
recreational
vehicle.
16
The
definition
is
applicable
to
the
licensing
and
regulation
17
of
motor
vehicle
manufacturers,
distributors,
wholesalers,
and
18
dealers.
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