Text: S05236 Text: S05238 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 Iowa2 2lottery. 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 toeitherchapter 99Bor2 37chapter 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 issued2 47by the lottery division of the department of revenue2 48and 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 games3 25authorized 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 thegamblers3 31assistancegambling treatment fund specified in 3 32 section99E.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 lottery4 39division of the department of revenue and finance4 40whose regularly assigned duties relating to security4 41or the carrying of lottery tickets cannot reasonably4 42be conducted with a vehicle displaying "official"4 43registration 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 99Bor 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 30The tax shall also be imposed upon the gross receipts5 31derived from the sale of lottery tickets or shares5 32pursuant to chapter 99E. The tax on the lottery5 33tickets or shares shall be included in the sales price5 34and distributed to the general fund as provided in5 35section 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 gross6 7receipts from the sale of a lottery ticket or share in6 8a 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 the6 28fiscal period, if moneys from the lottery are6 29appropriated by the state to the fund, the amount6 30appropriated under this subsection shall be reduced by6 31the 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 41purchase or redemption of a ticket or share in the6 42state 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 toeitherchapter 99B 7 12or 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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