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 conductedoncetwice 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 thaneight hundredfive 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.TheExcept 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.ThereExcept 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