Iowa General Assembly Banner


Text: S03610                            Text: S03612
Text: S03600 - S03699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3611

Amendment Text

PAG LIN
  1  1    Amend House File 572, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 101.  Section 99D.8, unnumbered paragraphs
  1  6 1 and 2, Code 1995, are amended to read as follows:
  1  7    A qualifying organization, as defined in section
  1  8 513(d)(2)(C) of the Internal Revenue Code, as defined
  1  9 in section 422.3, exempt from federal income taxation
  1 10 under sections 501(c)(3), 501(c)(4), or 501(c)(5) of
  1 11 the Internal Revenue Code or a nonprofit corporation
  1 12 organized under the laws of this state, whether or not
  1 13 it is exempt from federal income taxation, which is
  1 14 organized to promote those purposes enumerated in
  1 15 section 99B.7, subsection 3, paragraph "b", and or
  1 16 which regularly conducts, as one of its substantial
  1 17 exempt purposes, an agricultural and educational fair
  1 18 or exposition for the promotion of the horse, dog, or
  1 19 other livestock breeding industries of the state, or
  1 20 an agency, instrumentality, or political subdivision
  1 21 of the state, may apply to the commission for a
  1 22 license to conduct horse or dog racing.  The
  1 23 application shall be filed with the administrator of
  1 24 the commission at least sixty days before the first
  1 25 day of the horse race or dog race meeting which the
  1 26 organization proposes to conduct, shall specify the
  1 27 day or days when and the exact location where it
  1 28 proposes to conduct racing, and shall be in a form and
  1 29 contain information as the commission prescribes.
  1 30    If any part of the net income of a licensee is
  1 31 determined to be unrelated business taxable income as
  1 32 defined in sections 511 through 514 of the Internal
  1 33 Revenue Code, or is otherwise taxable, the qualifying
  1 34 organization licensee shall be required to distribute
  1 35 the such amount of net unrelated business taxable
  1 36 income to political subdivisions in the state and
  1 37 organizations described in section 501(c)(3) of the
  1 38 Internal Revenue Code in the county in which it the
  1 39 licensee operates.  Distributions to these
  1 40 organizations made during the year in which the
  1 41 unrelated business income was earned shall be treated
  1 42 as included in the required distributions for this
  1 43 purpose.
  1 44    Sec. 102.  Section 99F.1, subsection 14, Code 1995,
  1 45 is amended to read as follows:
  1 46    14.  "Qualified sponsoring organization" means a
  1 47 nonprofit corporation organized under the laws of this
  1 48 state, whether or not it is exempt from federal income
  1 49 taxation, or a person or association that can show to
  1 50 the satisfaction of the commission that the person or
  2  1 association is eligible for exemption from federal
  2  2 income taxation under section 501(c)(3), 501(c)(4),
  2  3 501(c)(5), 501(c)(6), 501(c)(7), 501(c)(8),
  2  4 501(c)(10), or 501(c)(19) of the Internal Revenue Code
  2  5 as defined in section 422.3.
  2  6    Sec. 103.  Section 99F.6, subsection 4, paragraph
  2  7 a, Code 1995, is amended to read as follows:
  2  8    a.  Before a license is granted, the division of
  2  9 criminal investigation of the department of public
  2 10 safety shall conduct a thorough background
  2 11 investigation of the applicant for a license to
  2 12 operate a gambling game operation on an excursion
  2 13 gambling boat.  The applicant shall provide
  2 14 information on a form as required by the division of
  2 15 criminal investigation.  Before a A qualified
  2 16 sponsoring organization is licensed to operate
  2 17 gambling games under this chapter, the qualified
  2 18 sponsoring organization shall certify that distribute
  2 19 the receipts of all gambling games, less reasonable
  2 20 expenses, charges, taxes, fees, and deductions allowed
  2 21 under this chapter, will be distributed as winnings to
  2 22 players or participants or will be distributed shall
  2 23 distribute the receipts for educational, civic,
  2 24 public, charitable, patriotic, or religious uses as
  2 25 defined in section 99B.7, subsection 3, paragraph "b".
  2 26 However, if a licensee who is also licensed to conduct
  2 27 pari-mutuel wagering at a horse racetrack has unpaid
  2 28 debt from the pari-mutuel racetrack operations, the
  2 29 first receipts of the gambling games operated within
  2 30 the racetrack enclosure less reasonable operating
  2 31 expenses, taxes, and fees allowed under this chapter
  2 32 shall be first used to pay the annual indebtedness.
  2 33 The commission shall authorize, subject to the debt
  2 34 payments for horse racetracks and the provisions of
  2 35 paragraph "b" for dog racetracks, a licensee who is
  2 36 also licensed to conduct pari-mutuel dog or horse
  2 37 racing to use receipts from gambling games within the
  2 38 racetrack enclosure to supplement purses for races
  2 39 particularly for Iowa-bred horses pursuant to an
  2 40 agreement which shall be negotiated between the
  2 41 licensee and representatives of the dog or horse
  2 42 owners.  A qualified sponsoring organization shall not
  2 43 make a contribution to a candidate, political
  2 44 committee, candidate's committee, state statutory
  2 45 political committee, county statutory political
  2 46 committee, national political party, or fund-raising
  2 47 event as these terms are defined in section 56.2.  The
  2 48 membership of the board of directors of a qualified
  2 49 sponsoring organization shall represent a broad
  2 50 interest of the communities."
  3  1    #2.  Page 1, by inserting after line 8 the
  3  2 following:
  3  3    "Sec.    .  NEW SECTION.  331.430A  COURTHOUSE
  3  4 SECURITY FUND.
  3  5    1.  A courthouse security fund is created in each
  3  6 county.  The fund shall consist of receipts of
  3  7 courthouse security fees taxed and collected by the
  3  8 clerk of the district court and paid to the county
  3  9 treasurer.  The fund shall be administered by the
  3 10 county sheriff to provide for the salaries, benefits,
  3 11 equipment, and training of security staff and for the
  3 12 purchase and maintenance of security equipment for the
  3 13 courthouse.  Expenditures from the fund are subject to
  3 14 approval of the board of supervisors.
  3 15    2.  Moneys in the courthouse security fund shall be
  3 16 used for security-related expenditures including, but
  3 17 not limited to, the purchase and maintenance of x-ray
  3 18 machines and conveying systems; handheld metal
  3 19 detectors; walk-through metal detectors;
  3 20 identification cards and systems; electronic locking
  3 21 and surveillance equipment; salaries, benefits,
  3 22 uniforms, firearms, training, and other necessary
  3 23 equipment for the performance of duties for deputy
  3 24 sheriffs assigned to courthouse security detail;
  3 25 signage; evidence security and inventory systems; and
  3 26 security hardware and equipment necessary or commonly
  3 27 used in video arraignment systems.
  3 28    3.  The courthouse security fee shall be taxed
  3 29 pursuant to sections 625.8A and 815.14 as a court cost
  3 30 by the clerk of the district court to each civil
  3 31 action filed in the district court and each criminal
  3 32 complaint, indictment, or citation if the defendant is
  3 33 convicted or pleads guilty to the offense contained in
  3 34 the complaint, indictment, or citation.
  3 35    4.  The courthouse security fee shall not be taxed
  3 36 as a court cost for a parking violation."
  3 37    #3.  Page 1, by inserting after line 31 the
  3 38 following:
  3 39    "Sec.    .  NEW SECTION.  625.8A  COURTHOUSE
  3 40 SECURITY FEE.
  3 41    1.  The clerk of the district court shall tax as a
  3 42 court cost a fee of three dollars for each civil
  3 43 action filed in the district court.  Except as
  3 44 provided in subsection 2, the fee shall be collected
  3 45 at the time that a civil action is filed.  The revenue
  3 46 from the fees required by this section shall be
  3 47 deposited in the county's courthouse security fund
  3 48 created in section 331.430A.
  3 49    2.  In a civil action brought by the state or a
  3 50 political subdivision of the state in which the state
  4  1 or the political subdivision of the state is a
  4  2 prevailing party, the fee shall be taxed and collected
  4  3 against the party which does not prevail.  A county is
  4  4 not liable for payment of the courthouse security
  4  5 fee."
  4  6    #4.  Page 2, by inserting after line 19 the
  4  7 following:
  4  8    "Sec.    .  NEW SECTION.  815.14  COURTHOUSE
  4  9 SECURITY FEE.
  4 10    1.  The clerk of the district court shall tax as a
  4 11 court cost the following fees, as applicable, to each
  4 12 criminal complaint, indictment, or citation filed in
  4 13 the district court, if the defendant is convicted or
  4 14 pleads guilty to the offense contained in the
  4 15 complaint, indictment, or citation:
  4 16    a.  A fee of five dollars for each felony offense.
  4 17    b.  A fee of three dollars for each misdemeanor
  4 18 offense or uniform citation and complaint issued
  4 19 pursuant to chapter 805 except as provided in
  4 20 paragraph "c".
  4 21    c.  A fee of one dollar for each uniform citation
  4 22 and complaint issued pursuant to chapter 805 for which
  4 23 a court appearance is not required or requested.
  4 24    2.  The revenue from the fees required by this
  4 25 section shall be deposited in the county's courthouse
  4 26 security fund created in section 331.430A.  The fee
  4 27 shall not be taxed as a court cost for a parking
  4 28 violation."
  4 29    #5.  Page 4, by striking lines 21 through 24 and
  4 30 inserting the following:  "the general fund of the
  4 31 state."
  4 32    #6.  By striking page 4, line 35, through page 5,
  4 33 line 3, and inserting the following:  "to the general
  4 34 fund of the state.  The other five dollars of the".
  4 35    #7.  Page 5, by inserting after line 19 the
  4 36 following:
  4 37    "Sec.    .  EFFECTIVE AND APPLICABILITY DATES.
  4 38 Sections 101, 102, and 103 of this Act, being deemed
  4 39 of immediate importance, take effect upon enactment
  4 40 and apply retroactively to January 1, 1995."
  4 41    #8.  Title page, line 1, by inserting after the
  4 42 word "relating" the following:  "to the qualifications
  4 43 of a qualifying organization which are necessary to
  4 44 conduct pari-mutuel wagering at racetracks or gambling
  4 45 games on excursion gambling boats,".
  4 46    #9.  Title page, line 4, by inserting after the
  4 47 word "jails" the following:  "creating a courthouse
  4 48 security fund, imposing courthouse security fees as a
  4 49 court cost, and providing for the purchase and
  4 50 maintenance of courthouse security equipment and the
  5  1 administration of the courthouse security fund, and
  5  2 providing effective and applicability dates".
  5  3    #10.  By renumbering as necessary.  
  5  4 
  5  5 
  5  6                              
  5  7 COMMITTEE ON APPROPRIATIONS
  5  8 LARRY MURPHY, Chairperson
  5  9 HF 572.302 76
  5 10 mk/cf
     

Text: S03610                            Text: S03612
Text: S03600 - S03699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/S/03600/S03611/950427.html
jhf