Text: S05730                            Text: S05732
Text: S05700 - S05799                   Text: S Index
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Senate Amendment 5731

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5359, to Senate File
  1  2 2320, as passed by the Senate, as follows:
  1  3    #1.  By striking page 1, line 1, through page 2,
  1  4 line 34, and inserting the following:
  1  5    "Amend Senate File 2320, as passed by the Senate,
  1  6 as follows:
  1  7    #   .  By striking everything after the enacting
  1  8 clause and inserting the following:
  1  9    "Section 1.  Section 99D.5, subsection 1, Code
  1 10 1997, is amended to read as follows:
  1 11    1.  A state racing and gaming commission is created
  1 12 within the department of inspections and appeals
  1 13 consisting of five members who shall be appointed by
  1 14 the governor subject to confirmation by the senate,
  1 15 and who shall serve not to exceed a three-year term at
  1 16 the pleasure of the governor.  The term of each member
  1 17 shall begin and end as provided in section 69.19.
  1 18 After April 30, 1999, not more than one member of the
  1 19 commission shall reside in the same congressional
  1 20 district.
  1 21    Sec. 2.  Section 99D.11, subsection 7, Code 1997,
  1 22 is amended to read as follows:
  1 23    7.  A person under the age of twenty-one years
  1 24 shall not make or attempt to make a pari-mutuel wager.
  1 25 A person who violates this subsection commits a
  1 26 scheduled violation under section 805.8, subsection
  1 27 13.
  1 28    Sec. 3.  Section 99E.18, Code 1997, is amended by
  1 29 adding the following new subsection:
  1 30    NEW SUBSECTION.  5.  A person under the age of
  1 31 twenty-one years shall not purchase or attempt to
  1 32 purchase a ticket or share.  A person who violates
  1 33 this subsection commits a scheduled violation under
  1 34 section 805.8, subsection 13.
  1 35    Sec. 4.  Section 99F.4A, Code 1997, is amended by
  1 36 adding the following new subsection:
  1 37    NEW SUBSECTION.  8.  The total number of licenses
  1 38 to conduct gambling games at pari-mutuel racetracks
  1 39 pursuant to subsection 2 shall not exceed three until
  1 40 July 1, 2003.
  1 41    Sec. 5.  NEW SECTION.  99F.5A  MORATORIUM FOR
  1 42 ISSUANCE OF LICENSES FOR EXCURSION GAMBLING BOATS.
  1 43    1.  The total number of licenses issued to conduct
  1 44 gambling games on excursion gambling boats pursuant to
  1 45 this chapter shall not exceed ten until July 1, 2003.
  1 46    2.  Notwithstanding subsection 1, the following
  1 47 actions may be taken during the moratorium from July
  1 48 1, 1998, until July 1, 2003, with the approval of the
  1 49 commission:
  1 50    a.  A licensed excursion gambling boat may move to
  2  1 a new location within the same county.
  2  2    b.  A licensed excursion gambling boat and its
  2  3 facilities may be sold and a new license may be issued
  2  4 for operation in the same county.
  2  5    c.  If a license to conduct gambling games on an
  2  6 excursion gambling boat is surrendered, not renewed,
  2  7 or revoked, a new license may be issued for operation
  2  8 in the same county.
  2  9    3.  Until July 1, 2003, the commission shall not
  2 10 approve any application for an addition to an existing
  2 11 facility unless at least sixty percent of the addition
  2 12 is restricted to nongaming activities.
  2 13    Sec. 6.  Section 99F.7, subsection 1, Code 1997, is
  2 14 amended to read as follows:
  2 15    1.  If the commission is satisfied that this
  2 16 chapter and its rules adopted under this chapter
  2 17 applicable to licensees have been or will be complied
  2 18 with, the commission shall issue a license for a
  2 19 period of not more than three years to an applicant to
  2 20 own a gambling game operation and to an applicant to
  2 21 operate an excursion gambling boat.  The commission
  2 22 shall decide which of the gambling games authorized
  2 23 under this chapter it will permit.  The commission
  2 24 shall decide the number, location, and type of
  2 25 excursion gambling boats licensed under this chapter
  2 26 for operation on the rivers, lakes, and reservoirs of
  2 27 this state.  However, after July 1, 2003, the
  2 28 commission shall issue a new license for an excursion
  2 29 gambling boat operation only if the excursion gambling
  2 30 boat operates on the Mississippi or Missouri river.
  2 31 The license shall set forth the name of the licensee,
  2 32 the type of license granted, the place where the
  2 33 excursion gambling boats will operate and dock, and
  2 34 the time and number of days during the excursion
  2 35 season and the off season when gambling may be
  2 36 conducted by the licensee.  The commission shall not
  2 37 allow a licensee to conduct gambling games on an
  2 38 excursion gambling boat while docked during the off
  2 39 season if the licensee does not operate gambling
  2 40 excursions for a minimum number of seventy-five days
  2 41 during the excursion season.  The commission may
  2 42 authorize fewer days for excursion cruises in special
  2 43 cases.  The commission may delay the commencement of
  2 44 the excursion season at the request of a licensee.
  2 45    Sec. 7.  Section 99F.9, subsection 5, Code 1997, is
  2 46 amended to read as follows:
  2 47    5.  A person under the age of twenty-one years
  2 48 shall not attempt to make or make a wager on an
  2 49 excursion gambling boat or in a racetrack enclosure
  2 50 and shall not be allowed in enter the area of the
  3  1 excursion gambling boat or racetrack enclosure where
  3  2 gambling is being conducted.  However, a person
  3  3 eighteen years of age or older may be employed to work
  3  4 in a gambling area on an excursion gambling boat or a
  3  5 racetrack enclosure.  A person who violates this
  3  6 subsection with respect to a wager commits a scheduled
  3  7 violation under section 805.8, subsection 13.
  3  8    Sec. 8.  Section 99F.9, Code l997, is amended by
  3  9 adding the following new subsections:
  3 10    NEW SUBSECTION.  7.  A licensee shall not permit
  3 11 the operation of a satellite terminal as defined in
  3 12 section 527.2 to dispense cash or credit for gambling
  3 13 purposes on an excursion gambling boat or within a
  3 14 racetrack enclosure except in nongaming areas as
  3 15 designated by the commission.  The commission may
  3 16 assess a civil penalty for a violation of this
  3 17 subsection.
  3 18    NEW SUBSECTION.  8.  The commission shall not
  3 19 assess a civil penalty in excess of one thousand
  3 20 dollars against a licensee relating to a violation of
  3 21 legal age requirements of chapter 99D or this chapter.
  3 22    Sec. 9.  Section 99F.11, unnumbered paragraph 1,
  3 23 Code 1997, is amended to read as follows:
  3 24    A tax is imposed on the adjusted gross receipts
  3 25 received annually from gambling games authorized under
  3 26 this chapter at the rate of five percent on the first
  3 27 one million dollars of adjusted gross receipts, at the
  3 28 rate of ten percent on the next two million dollars of
  3 29 adjusted gross receipts, and at the rate of twenty
  3 30 percent on any amount of adjusted gross receipts over
  3 31 three million dollars.  However, beginning January
  3 32 July 1, 1997 1998, the rate on any amount of adjusted
  3 33 gross receipts over three million dollars from
  3 34 gambling games at racetrack enclosures is twenty-two
  3 35 twenty-four percent and shall increase by two percent
  3 36 each succeeding calendar year until the rate is
  3 37 thirty-six percent.  The taxes imposed by this section
  3 38 shall be paid by the licensee to the treasurer of
  3 39 state within ten days after the close of the day when
  3 40 the wagers were made and shall be distributed as
  3 41 follows:
  3 42    Sec. 10.  Section 805.8, Code Supplement 1997, is
  3 43 amended by adding the following new subsection:
  3 44    NEW SUBSECTION.  13.  GAMBLING VIOLATIONS.  For
  3 45 violations of legal age for gambling or pari-mutuel
  3 46 wagering under section 99D.11, subsection 7, section
  3 47 99E.18, subsection 5, or section 99F.9, subsection 5,
  3 48 the scheduled fine is one hundred dollars.  Failure to
  3 49 pay the fine by a person under the age of eighteen
  3 50 shall not result in the person being detained in a
  4  1 secure facility."" 
  4  2 
  4  3 
  4  4                               
  4  5 JACK RIFE 
  4  6 
  4  7 
  4  8                               
  4  9 MICHAEL E. GRONSTAL 
  4 10 SF 2320.313 77
  4 11 tj/cf/28
     

Text: S05730                            Text: S05732
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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