Text: S05236                            Text: S05238
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5237

Amendment Text

PAG LIN
  1  1    Amend Senate File 2376 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  IOWA LOTTERY DISCONTINUED –
  1  5 DISPOSITION OF PROPERTY – EMPLOYEES TRANSFERRED OR
  1  6 LAID OFF.
  1  7    1.  The Iowa lottery board shall discontinue all
  1  8 lottery games established pursuant to chapter 99E
  1  9 effective July 1, 1999.  The lottery board shall
  1 10 provide for the termination of all contracts extending
  1 11 beyond July 1, 1999, and provide for the disposition
  1 12 of all property leased or owned by the lottery
  1 13 division.
  1 14    2.  Any employee of the lottery division employed
  1 15 pursuant to chapter 19A and whose duty assignment is
  1 16 terminated by this Act, may be transferred to other
  1 17 duties within the department of revenue and finance,
  1 18 reassigned to other duties in another state department
  1 19 or agency, or terminated.  The personnel commission
  1 20 shall adopt rules to carry out the transfer of
  1 21 employees under this Act and to carry out subsequent
  1 22 reclassifications, reassignments, or terminations made
  1 23 necessary by this Act.  The personnel commission shall
  1 24 arbitrate and decide a written appeal made by an
  1 25 employee concerning a transfer, reassignment,
  1 26 reclassification, or termination made necessary by
  1 27 this Act.  An employee shall not lose benefits accrued
  1 28 including, but not limited to, salary, retirement,
  1 29 vacation, or sick leave because of a transfer or
  1 30 reassignment.
  1 31    3.  The members of the lottery board, the
  1 32 commissioner, and any additional employees deemed
  1 33 necessary by the board may continue employment on or
  1 34 after July 1, 1999, to provide for the orderly
  1 35 discontinuation of the lottery games.  However, not
  1 36 later than September 30, 1999, the terms of office of
  1 37 the lottery board members and the employment of the
  1 38 commissioner and any other employees remaining on or
  1 39 after July 1, 1999, shall terminate.  Any matters
  1 40 regarding the termination of the lottery games
  1 41 established under chapter 99E which remain on October
  1 42 1, 1999, are the responsibility of the director of
  1 43 revenue and finance.  The director of revenue and
  1 44 finance shall complete the discontinuation of the
  1 45 lottery games as expeditiously as possible.
  1 46    Sec. ___.  Section 7E.5, subsection 1, paragraph d,
  1 47 Code 1997, is amended to read as follows:
  1 48    d.  The department of revenue and finance, created
  1 49 in section 421.2, which has primary responsibility for
  1 50 revenue collection and revenue law compliance, and
  2  1 financial management and assistance, and the Iowa
  2  2 lottery.
  2  3    Sec. ___.  Section 7E.6, subsection 3, Code 1997,
  2  4 is amended by striking the subsection.
  2  5    Sec. ___.  Section 8.22A, subsection 5, paragraph
  2  6 a, Code 1997, is amended by striking the paragraph.
  2  7    Sec. ___.  Section 68B.35, subsection 2, paragraph
  2  8 e, Code 1997, is amended to read as follows:
  2  9    e.  Members of the banking board, the ethics and
  2 10 campaign disclosure board, the credit union review
  2 11 board, the economic development board, the employment
  2 12 appeal board, the environmental protection commission,
  2 13 the health facilities council, the Iowa business
  2 14 investment corporation board of directors, the Iowa
  2 15 finance authority, the Iowa seed capital corporation,
  2 16 the Iowa public employees' retirement system
  2 17 investment board, the lottery board, the natural
  2 18 resource commission, the board of parole, the
  2 19 petroleum underground storage tank fund board, the
  2 20 public employment relations board, the state racing
  2 21 and gaming commission, the state board of regents, the
  2 22 tax review board, the transportation commission, the
  2 23 office of consumer advocate, the utilities board, the
  2 24 Iowa telecommunications and technology commission, and
  2 25 any full-time members of other boards and commissions
  2 26 as defined under section 7E.4 who receive an annual
  2 27 salary for their service on the board or commission.
  2 28    Sec. ___.  Section 99A.10, Code 1997, is amended to
  2 29 read as follows:
  2 30    99A.10  MANUFACTURE AND DISTRIBUTION OF GAMBLING
  2 31 DEVICES PERMITTED.
  2 32    A person may manufacture or act as a distributor
  2 33 for gambling devices for sale out of the state in
  2 34 another jurisdiction where possession of the device is
  2 35 legal or for sale in the state or use in the state if
  2 36 the use is permitted pursuant to either chapter 99B or
  2 37 chapter 99E.
  2 38    Sec. ___.  Section 99B.1, subsection 17, Code 1997,
  2 39 is amended by striking the subsection.
  2 40    Sec. ___.  Section 99B.6, subsection 5, Code 1997,
  2 41 is amended by striking the subsection.
  2 42    Sec. ___.  Section 99B.7, subsection 1, paragraph
  2 43 l, subparagraph (1), Code 1997, is amended to read as
  2 44 follows:
  2 45    (1)  No other gambling is engaged in at the same
  2 46 location, except that lottery tickets or shares issued
  2 47 by the lottery division of the department of revenue
  2 48 and finance may be sold pursuant to chapter 99E.
  2 49    Sec. ___.  Section 99B.15, Code 1997, is amended to
  2 50 read as follows:
  3  1    99B.15  APPLICABILITY OF CHAPTER – PENALTY.
  3  2    It is the intent and purpose of this chapter to
  3  3 authorize gambling in this state only to the extent
  3  4 specifically permitted by a section of this chapter or
  3  5 chapter 99D, 99E, or 99F.  Except as otherwise
  3  6 provided in this chapter, the knowing failure of any
  3  7 person to comply with the limitations imposed by this
  3  8 chapter constitutes unlawful gambling, a serious
  3  9 misdemeanor.
  3 10    Sec. ___.  NEW SECTION.  99E.35  FUTURE REPEAL.
  3 11    This chapter is repealed effective July 1, 1999."
  3 12    #2.  Page 1, line 1, by striking the figure "1" and
  3 13 inserting the following:  "101".
  3 14    #3.  Page 1, line 10, by striking the figure "2"
  3 15 and inserting the following:  "102".
  3 16    #4.  Page 1, by inserting after line 20 the
  3 17 following:
  3 18    "Sec. ___.  Section 99F.2, Code 1997, is amended to
  3 19 read as follows:
  3 20    99F.2  SCOPE OF PROVISIONS.
  3 21    This chapter does not apply to the pari-mutuel
  3 22 system of wagering used or intended to be used in
  3 23 connection with the horse-race or dog-race meetings as
  3 24 authorized under chapter 99D, lottery or lotto games
  3 25 authorized under chapter 99E, or bingo or games of
  3 26 skill or chance authorized under chapter 99B.
  3 27    Sec. ___.  Section 99F.11, subsection 3, Code 1997,
  3 28 is amended to read as follows:
  3 29    3.  Three-tenths of one percent of the adjusted
  3 30 gross receipts shall be deposited in the gamblers
  3 31 assistance gambling treatment fund specified in
  3 32 section 99E.10, subsection 1, paragraph "a" 99F.19.
  3 33    Sec. ___.  NEW SECTION.  99F.19  GAMBLING TREATMENT
  3 34 FUND – CREATED AND USES.
  3 35    A gambling treatment fund is created in the state
  3 36 treasury.  The director of the Iowa department of
  3 37 public health shall administer the fund and shall
  3 38 provide that receipts are allocated on a monthly basis
  3 39 to fund administrative costs and to programs which may
  3 40 include, but are not limited to, outpatient and
  3 41 follow-up treatment for persons affected by problem
  3 42 gambling, rehabilitation and residential treatment
  3 43 programs, information and referral services, and
  3 44 education and preventive services.  Of the moneys
  3 45 remaining in the gambling treatment fund at the close
  3 46 of the fiscal year which otherwise would remain
  3 47 unexpended or unobligated for the purposes designated
  3 48 in this paragraph, up to four hundred thousand dollars
  3 49 shall be used by the Iowa department of public health
  3 50 for substance abuse program grants.
  4  1    Sec. ___.  Section 123.49, subsection 2, paragraph
  4  2 a, Code Supplement 1997, is amended to read as
  4  3 follows:
  4  4    a.  Knowingly permit any gambling, except in
  4  5 accordance with chapter 99B, 99D, 99E, or 99F, or
  4  6 knowingly permit solicitation for immoral purposes, or
  4  7 immoral or disorderly conduct on the premises covered
  4  8 by the license or permit.
  4  9    Sec. ___.  Section 321.19, subsection 1, unnumbered
  4 10 paragraph 2, Code Supplement 1997, is amended to read
  4 11 as follows:
  4 12    The department shall furnish, on application, free
  4 13 of charge, distinguishing plates for vehicles thus
  4 14 exempted, which plates except plates on Iowa highway
  4 15 safety patrol vehicles shall bear the word "official"
  4 16 and the department shall keep a separate record.
  4 17 Registration plates issued for Iowa highway safety
  4 18 patrol vehicles, except unmarked patrol vehicles,
  4 19 shall bear two red stars on a yellow background, one
  4 20 before and one following the registration number on
  4 21 the plate, which registration number shall be the
  4 22 officer's badge number.  Registration plates issued
  4 23 for a county sheriff's patrol vehicles shall display
  4 24 one seven-pointed gold star followed by the letter "S"
  4 25 and the call number of the vehicle.  However, the
  4 26 director of general services or the director of
  4 27 transportation may order the issuance of regular
  4 28 registration plates for any exempted vehicle used by
  4 29 peace officers in the enforcement of the law, persons
  4 30 enforcing chapter 124 and other laws relating to
  4 31 controlled substances, and persons in the department
  4 32 of justice, the alcoholic beverages division of the
  4 33 department of commerce, the department of inspections
  4 34 and appeals, and the department of revenue and
  4 35 finance, who are regularly assigned to conduct
  4 36 investigations which cannot reasonably be conducted
  4 37 with a vehicle displaying "official" state
  4 38 registration plates, and persons in the lottery
  4 39 division of the department of revenue and finance
  4 40 whose regularly assigned duties relating to security
  4 41 or the carrying of lottery tickets cannot reasonably
  4 42 be conducted with a vehicle displaying "official"
  4 43 registration plates.  For purposes of sale of exempted
  4 44 vehicles, the exempted governmental body, upon the
  4 45 sale of the exempted vehicle, may issue for in-transit
  4 46 purposes a pasteboard card bearing the words "Vehicle
  4 47 in Transit", the name of the official body from which
  4 48 the vehicle was purchased, together with the date of
  4 49 the purchase plainly marked in at least one-inch
  4 50 letters, and other information required by the
  5  1 department.  The in-transit card is valid for use only
  5  2 within forty-eight hours after the purchase date as
  5  3 indicated on the bill of sale which shall be carried
  5  4 by the driver.
  5  5    Sec. 16.  Section 421.17, subsection 27, Code
  5  6 Supplement 1997, is amended by striking the
  5  7 subsection.
  5  8    Sec. ___.  Section 422.16, subsection 1, unnumbered
  5  9 paragraph 4, Code 1997, is amended to read as follows:
  5 10    For the purposes of this subsection, state income
  5 11 tax shall be withheld on winnings in excess of six
  5 12 hundred dollars derived from gambling activities
  5 13 authorized under chapter 99B or 99E.  State income tax
  5 14 shall be withheld on winnings in excess of one
  5 15 thousand dollars from gambling activities authorized
  5 16 under chapter 99D.  State income tax shall be withheld
  5 17 on winnings in excess of twelve hundred dollars
  5 18 derived from slot machines authorized under chapter
  5 19 99F.
  5 20    Sec. ___.  Section 422.43, subsection 2, Code
  5 21 Supplement 1997, is amended to read as follows:
  5 22    2.  There is imposed a tax of five percent upon the
  5 23 gross receipts derived from the operation of all forms
  5 24 of amusement devices and games of skill, games of
  5 25 chance, raffles, and bingo games as defined in chapter
  5 26 99B, operated or conducted within the state, the tax
  5 27 to be collected from the operator in the same manner
  5 28 as for the collection of taxes upon the gross receipts
  5 29 of tickets or admission as provided in this section.
  5 30 The tax shall also be imposed upon the gross receipts
  5 31 derived from the sale of lottery tickets or shares
  5 32 pursuant to chapter 99E.  The tax on the lottery
  5 33 tickets or shares shall be included in the sales price
  5 34 and distributed to the general fund as provided in
  5 35 section 99E.10.
  5 36    Sec. ___.  Section 422B.8, unnumbered paragraph 1,
  5 37 Code 1997, is amended to read as follows:
  5 38    A local sales and services tax at the rate of not
  5 39 more than one percent may be imposed by a county on
  5 40 the gross receipts taxed by the state under chapter
  5 41 422, division IV.  A local sales and services tax
  5 42 shall be imposed on the same basis as the state sales
  5 43 and services tax and may not be imposed on the sale of
  5 44 any property or on any service not taxed by the state,
  5 45 except the tax shall not be imposed on the gross
  5 46 receipts from the sale of motor fuel or special fuel
  5 47 as defined in chapter 452A, on the gross receipts from
  5 48 the rental of rooms, apartments, or sleeping quarters
  5 49 which are taxed under chapter 422A during the period
  5 50 the hotel and motel tax is imposed, on the gross
  6  1 receipts from the sale of natural gas or electric
  6  2 energy in a city or county where the gross receipts
  6  3 are subject to a franchise fee or user fee during the
  6  4 period the franchise or user fee is imposed, and on
  6  5 the gross receipts from the sale of equipment by the
  6  6 state department of transportation, and on the gross
  6  7 receipts from the sale of a lottery ticket or share in
  6  8 a lottery game conducted pursuant to chapter 99E.  A
  6  9 local sales and services tax is applicable to
  6 10 transactions within those incorporated and
  6 11 unincorporated areas of the county where it is imposed
  6 12 and shall be collected by all persons required to
  6 13 collect state gross receipts taxes.  All cities
  6 14 contiguous to each other shall be treated as part of
  6 15 one incorporated area and the tax would be imposed in
  6 16 each of those contiguous cities only if the majority
  6 17 of those voting in the total area covered by the
  6 18 contiguous cities favor its imposition.
  6 19    Sec. ___.  Section 455A.18, subsection 3,
  6 20 unnumbered paragraph 1, Code Supplement 1997, is
  6 21 amended to read as follows:
  6 22    For each fiscal year of the fiscal period beginning
  6 23 July 1, 1997, and ending June 30, 2021, there is
  6 24 appropriated from the general fund, to the Iowa
  6 25 resources enhancement and protection fund, the amount
  6 26 of twenty million dollars, to be used as provided in
  6 27 this chapter.  However, in any fiscal year of the
  6 28 fiscal period, if moneys from the lottery are
  6 29 appropriated by the state to the fund, the amount
  6 30 appropriated under this subsection shall be reduced by
  6 31 the amount appropriated from the lottery.
  6 32    Sec. ___.  Section 537A.4, unnumbered paragraph 2,
  6 33 Code 1997, is amended to read as follows:
  6 34    This section does not apply to a contract for the
  6 35 operation of or for the sale or rental of equipment
  6 36 for games of skill or games of chance, if both the
  6 37 contract and the games are in compliance with chapter
  6 38 99B.  This section does not apply to wagering under
  6 39 the pari-mutuel method of wagering authorized by
  6 40 chapter 99D.  This section does not apply to the sale,
  6 41 purchase or redemption of a ticket or share in the
  6 42 state lottery in compliance with chapter 99E.  This
  6 43 section does not apply to wagering under the excursion
  6 44 boat gambling method of wagering authorized by chapter
  6 45 99F.  This section does not apply to the sale,
  6 46 purchase, or redemption of any ticket or similar
  6 47 gambling device legally purchased in Indian lands
  6 48 within this state.
  6 49    Sec. ___.  Section 714B.10, subsection 1, Code
  6 50 1997, is amended to read as follows:
  7  1    1.  Advertising by sponsors registered pursuant to
  7  2 chapter 557B, licensed pursuant to chapter 99B, or
  7  3 regulated pursuant to chapter 99D, 99E, or 99F.
  7  4    Sec. ___.  Section 725.9, subsection 5, Code 1997,
  7  5 is amended to read as follows:
  7  6    5.  This chapter does not prohibit the possession
  7  7 of gambling devices by a manufacturer or distributor
  7  8 if the possession is solely for sale out of the state
  7  9 in another jurisdiction where possession of the device
  7 10 is legal or for sale in the state or use in the state
  7 11 if the use is licensed pursuant to either chapter 99B
  7 12 or chapter 99E.
  7 13    Sec. ___.  Section 725.15, Code 1997, is amended to
  7 14 read as follows:
  7 15    725.15  EXCEPTIONS FOR LEGAL GAMBLING.
  7 16    Sections 725.5 to 725.10 and 725.12 do not apply to
  7 17 a game, activity, ticket, or device when lawfully
  7 18 possessed, used, conducted, or participated in
  7 19 pursuant to chapter 99B, 99E, or 99F.
  7 20    Sec. ___.  EFFECTIVE DATE.  This Act, except
  7 21 sections 1, 101, and 102, takes effect July 1, 1999.
  7 22 Sections 1, 101, and 102 of this Act take effect July
  7 23 1, 1998."
  7 24    #5.  By renumbering as necessary.  
  7 25 
  7 26 
  7 27                               
  7 28 STEVEN D. HANSEN 
  7 29 SF 2376.5
  7 30 tj/cc/26
     

Text: S05236                            Text: S05238
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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