House File 408

                                       HOUSE FILE       
                                       BY  LUKAN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to bingo operations.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2650HH 80
  4 ec/pj/5

PAG LIN

  1  1    Section 1.  Section 99B.7, subsection 1, paragraph c,
  1  2 unnumbered paragraph 1, Code 2003, is amended to read as
  1  3 follows:
  1  4    Cash or merchandise prizes may be awarded in the game of
  1  5 bingo and, except as otherwise provided in this paragraph,
  1  6 shall not exceed one hundred dollars.  Merchandise prizes may
  1  7 be awarded in the game of bingo, but the actual retail value
  1  8 of the prize, or if the prize consists of more than one item,
  1  9 unit or part, the aggregate retail value of all items, units
  1 10 or parts, shall not exceed the maximum provided by this
  1 11 paragraph.  Bingo games allowing for a trade=in of a bingo
  1 12 card during a bingo game for not more than fifty cents a
  1 13 trade=in may be conducted.  A jackpot bingo game may be
  1 14 conducted once twice during any twenty=four hour period in
  1 15 which the prize may begin at not more than three hundred
  1 16 dollars in cash or actual retail value of merchandise prizes
  1 17 and may be increased by not more than one hundred dollars
  1 18 after each bingo occasion to a maximum prize of one thousand
  1 19 dollars for the first jackpot bingo game and five thousand
  1 20 dollars for the second jackpot bingo game.  However, the cost
  1 21 of play in a jackpot bingo game shall not be increased and the
  1 22 jackpot shall not amount to more than eight hundred five
  1 23 thousand dollars in cash or actual retail value of merchandise
  1 24 prizes.  A jackpot bingo game is not prohibited by paragraph
  1 25 "h".  A bingo occasion shall not last for longer than four
  1 26 consecutive hours.  A qualified organization shall not hold
  1 27 more than fourteen bingo occasions per month.  Bingo occasions
  1 28 held under a limited license shall not be counted in
  1 29 determining whether a qualified organization has conducted
  1 30 more than fourteen bingo occasions per month, nor shall bingo
  1 31 occasions held under a limited license be limited to four
  1 32 consecutive hours.  With the exception of a limited license
  1 33 bingo, no more than three bingo occasions per week shall be
  1 34 held within a structure or building and only one person
  1 35 licensed to conduct games under this section may hold bingo
  2  1 occasions within a structure or building.  A licensed
  2  2 qualified organization shall not conduct free games.
  2  3    Sec. 2.  Section 99B.7, subsection 2, paragraph a, Code
  2  4 2003, is amended to read as follows:
  2  5    a.  The Except for purposes of bingo, rent imposed and
  2  6 collected shall not be a percentage of or otherwise related to
  2  7 the amount of the receipts of the game or raffle.
  2  8    Sec. 3.  Section 422.43, subsection 2, Code 2003, is
  2  9 amended to read as follows:
  2 10    2.  There Except as provided in section 422.45, subsection
  2 11 35A, there is imposed a tax of five percent upon the gross
  2 12 receipts derived from the operation of all forms of amusement
  2 13 devices and games of skill, games of chance, raffles, and
  2 14 bingo games as defined in chapter 99B, operated or conducted
  2 15 within the state, the tax to be collected from the operator in
  2 16 the same manner as for the collection of taxes upon the gross
  2 17 receipts of tickets or admission as provided in this section.
  2 18 The tax shall also be imposed upon the gross receipts derived
  2 19 from the sale of lottery tickets or shares pursuant to chapter
  2 20 99E.  The tax on the lottery tickets or shares shall be
  2 21 included in the sales price and distributed to the general
  2 22 fund as provided in section 99E.10.
  2 23    Sec. 4.  Section 422.45, Code 2003, is amended by adding
  2 24 the following new subsection:
  2 25    NEW SUBSECTION.  35A.  Gross receipts derived from bingo
  2 26 games as defined in chapter 99B and conducted by a qualified
  2 27 organization as defined in section 99B.1.
  2 28                           EXPLANATION
  2 29    This bill makes changes relating to the conducting of
  2 30 bingo.
  2 31    Code section 99B.7, subsection 1, is amended to provide
  2 32 that bingo games allowing for a trade=in of a card for not
  2 33 more than 50 cents may be conducted.  In addition, the bill
  2 34 permits two jackpot bingo games during a 24=hour period and
  2 35 authorizes a maximum prize of $1,000 for the first jackpot
  3  1 bingo game and $5,000 for the second jackpot bingo game.
  3  2 Under current law, only one jackpot game is authorized with a
  3  3 maximum prize of $800.
  3  4    Code section 99B.7, subsection 2, governing the operation
  3  5 of games of chance on leased or rented property is amended to
  3  6 provide that for bingo, a qualified organization may rent
  3  7 premises other than from a licensed qualified organization and
  3  8 pay rent expressed as a percentage of or amount based upon
  3  9 receipts from the bingo game.  Under current law, premises can
  3 10 be rented from a nonlicensed organization but rent cannot be
  3 11 in an amount based upon receipts of the game or raffle.
  3 12    The bill also exempts gross receipts derived from bingo
  3 13 games that are conducted by a licensed qualified organization
  3 14 from sales tax.
  3 15 LSB 2650HH 80
  3 16 ec/pj/5