Text: SF00337 Text: SF00339 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. IOWA LOTTERY DISCONTINUED – DISPOSITION OF 1 2 PROPERTY – EMPLOYEES TRANSFERRED OR LAID OFF. 1 3 1. The Iowa lottery board shall discontinue all lottery 1 4 games established pursuant to chapter 99E effective July 1, 1 5 1997. The lottery board shall provide for the termination of 1 6 all contracts extending beyond July 1, 1997, and provide for 1 7 the disposition of all property leased or owned by the lottery 1 8 division. 1 9 2. Any employee of the lottery division employed pursuant 1 10 to chapter 19A and whose duty assignment is terminated by this 1 11 Act, may be transferred to other duties within the department 1 12 of revenue and finance, reassigned to other duties in another 1 13 state department or agency, or terminated. The personnel 1 14 commission shall adopt rules to carry out the transfer of 1 15 employees under this Act and to carry out subsequent 1 16 reclassifications, reassignments, or terminations made 1 17 necessary by this Act. The personnel commission shall 1 18 arbitrate and decide a written appeal made by an employee 1 19 concerning a transfer, reassignment, reclassification, or 1 20 termination made necessary by this Act. An employee shall not 1 21 lose benefits accrued including, but not limited to, salary, 1 22 retirement, vacation, or sick leave because of a transfer or 1 23 reassignment. 1 24 3. The members of the lottery board, the commissioner, and 1 25 any additional employees deemed necessary by the board may 1 26 continue employment on or after July 1, 1997, to provide for 1 27 the orderly discontinuation of the lottery games. However, 1 28 not later than September 30, 1997, the terms of office of the 1 29 lottery board members and the employment of the commissioner 1 30 and any other employees remaining on or after July 1, 1997, 1 31 shall terminate. Any matters regarding the termination of the 1 32 lottery games established under chapter 99E which remain on 1 33 October 1, 1997, are the responsibility of the director of 1 34 revenue and finance. The director of revenue and finance 1 35 shall complete the discontinuation of the lottery games as 2 1 expeditiously as possible. 2 2 Sec. 2. Section 7E.5, subsection 1, paragraph d, Code 2 3 1997, is amended to read as follows: 2 4 d. The department of revenue and finance, created in 2 5 section 421.2, which has primary responsibility for revenue 2 6 collection and revenue law compliance, and financial 2 7 management and assistance, and the Iowa lottery. 2 8 Sec. 3. Section 7E.6, subsection 3, Code 1997, is amended 2 9 by striking the subsection. 2 10 Sec. 4. Section 8.22A, subsection 5, paragraph a, Code 2 11 1997, is amended by striking the paragraph. 2 12 Sec. 5. Section 68B.35, subsection 2, paragraph e, Code 2 13 1997, is amended to read as follows: 2 14 e. Members of the banking board, the ethics and campaign 2 15 disclosure board, the credit union review board, the economic 2 16 development board, the employment appeal board, the 2 17 environmental protection commission, the health facilities 2 18 council, the Iowa business investment corporation board of 2 19 directors, the Iowa finance authority, the Iowa seed capital 2 20 corporation, the Iowa public employees' retirement system 2 21 investment board,the lottery board,the natural resource 2 22 commission, the board of parole, the petroleum underground 2 23 storage tank fund board, the public employment relations 2 24 board, the state racing and gaming commission, the state board 2 25 of regents, the tax review board, the transportation 2 26 commission, the office of consumer advocate, the utilities 2 27 board, the Iowa telecommunications and technology commission, 2 28 and any full-time members of other boards and commissions as 2 29 defined under section 7E.4 who receive an annual salary for 2 30 their service on the board or commission. 2 31 Sec. 6. Section 99A.10, Code 1997, is amended to read as 2 32 follows: 2 33 99A.10 MANUFACTURE AND DISTRIBUTION OF GAMBLING DEVICES 2 34 PERMITTED. 2 35 A person may manufacture or act as a distributor for 3 1 gambling devices for sale out of the state in another 3 2 jurisdiction where possession of the device is legal or for 3 3 sale in the state or use in the state if the use is permitted 3 4 pursuant toeitherchapter 99Bor chapter 99E. 3 5 Sec. 7. Section 99B.1, subsection 17, Code 1997, is 3 6 amended by striking the subsection. 3 7 Sec. 8. Section 99B.6, subsection 5, Code 1997, is amended 3 8 by striking the subsection. 3 9 Sec. 9. Section 99B.7, subsection 1, paragraph l, 3 10 subparagraph (1), Code 1997, is amended to read as follows: 3 11 (1) No other gambling is engaged in at the same location,3 12except that lottery tickets or shares issued by the lottery3 13division of the department of revenue and finance may be sold3 14pursuant to chapter 99E. 3 15 Sec. 10. Section 99B.15, Code 1997, is amended to read as 3 16 follows: 3 17 99B.15 APPLICABILITY OF CHAPTER – PENALTY. 3 18 It is the intent and purpose of this chapter to authorize 3 19 gambling in this state only to the extent specifically 3 20 permitted by a section of this chapter or chapter 99D, 99E,or 3 21 99F. Except as otherwise provided in this chapter, the 3 22 knowing failure of any person to comply with the limitations 3 23 imposed by this chapter constitutes unlawful gambling, a 3 24 serious misdemeanor. 3 25 Sec. 11. Section 99F.2, Code 1997, is amended to read as 3 26 follows: 3 27 99F.2 SCOPE OF PROVISIONS. 3 28 This chapter does not apply to the pari-mutuel system of 3 29 wagering used or intended to be used in connection with the 3 30 horse-race or dog-race meetings as authorized under chapter 3 31 99D, lottery or lotto games authorized under chapter 99E,or 3 32 bingo or games of skill or chance authorized under chapter 3 33 99B. 3 34 Sec. 12. Section 99F.11, subsection 3, Code 1997, is 3 35 amended to read as follows: 4 1 3. Three-tenths of one percent of the adjusted gross 4 2 receipts shall be deposited in thegamblers assistance4 3 gambling treatment fund specified in section99E.10,4 4subsection 1, paragraph "a"99F.19. 4 5 Sec. 13. NEW SECTION. 99F.19 GAMBLING TREATMENT FUND – 4 6 CREATED AND USES. 4 7 A gambling treatment fund is created in the state treasury. 4 8 The director of the Iowa department of public health shall 4 9 administer the fund and shall provide that receipts are 4 10 allocated on a monthly basis to fund administrative costs and 4 11 to programs which may include, but are not limited to, 4 12 outpatient and follow-up treatment for persons affected by 4 13 problem gambling, rehabilitation and residential treatment 4 14 programs, information and referral services, and education and 4 15 preventive services. Of the moneys remaining in the gambling 4 16 treatment fund at the close of the fiscal year which otherwise 4 17 would remain unexpended or unobligated for the purposes 4 18 designated in this paragraph, up to four hundred thousand 4 19 dollars shall be used by the Iowa department of public health 4 20 for substance abuse program grants. 4 21 Sec. 14. Section 123.49, subsection 2, paragraph a, Code 4 22 1997, is amended to read as follows: 4 23 a. Knowingly permit any gambling, except in accordance 4 24 with chapter 99B, 99D,99E,or 99F, or knowingly permit 4 25 solicitation for immoral purposes, or immoral or disorderly 4 26 conduct on the premises covered by the license or permit. 4 27 Sec. 15. Section 321.19, subsection 1, unnumbered 4 28 paragraph 2, Code 1997, is amended to read as follows: 4 29 The department shall furnish, on application, free of 4 30 charge, distinguishing plates for vehicles thus exempted, 4 31 which plates except plates on Iowa highway safety patrol 4 32 vehicles shall bear the word "official" and the department 4 33 shall keep a separate record. Registration plates issued for 4 34 Iowa highway safety patrol vehicles, except unmarked patrol 4 35 vehicles, shall bear two red stars on a yellow background, one 5 1 before and one following the registration number on the plate, 5 2 which registration number shall be the officer's badge number. 5 3 Registration plates issued for a county sheriff's patrol 5 4 vehicles shall display one seven-pointed gold star followed by 5 5 the letter "S" and the call number of the vehicle. However, 5 6 the director of general services or the director of 5 7 transportation may order the issuance of regular registration 5 8 plates for any exempted vehicle used by peace officers in the 5 9 enforcement of the law, persons enforcing chapter 124 and 5 10 other laws relating to controlled substances, and persons in 5 11 the department of justice, the alcoholic beverages division of 5 12 the department of commerce, and the department of inspections 5 13 and appeals who are regularly assigned to conduct 5 14 investigations which cannot reasonably be conducted with a 5 15 vehicle displaying "official" state registration plates, and5 16persons in the lottery division of the department of revenue5 17and finance whose regularly assigned duties relating to5 18security or the carrying of lottery tickets cannot reasonably5 19be conducted with a vehicle displaying "official" registration5 20plates. For purposes of sale of exempted vehicles, the 5 21 exempted governmental body, upon the sale of the exempted 5 22 vehicle, may issue for in-transit purposes a pasteboard card 5 23 bearing the words "Vehicle in Transit", the name of the 5 24 official body from which the vehicle was purchased, together 5 25 with the date of the purchase plainly marked in at least one- 5 26 inch letters, and other information required by the 5 27 department. The in-transit card is valid for use only within 5 28 forty-eight hours after the purchase date as indicated on the 5 29 bill of sale which shall be carried by the driver. 5 30 Sec. 16. Section 421.17, subsection 27, Code 1997, is 5 31 amended by striking the subsection. 5 32 Sec. 17. Section 422.16, subsection 1, unnumbered 5 33 paragraph 4, Code 1997, is amended to read as follows: 5 34 For the purposes of this subsection, state income tax shall 5 35 be withheld on winnings in excess of six hundred dollars 6 1 derived from gambling activities authorized under chapter 99B 6 2or 99E. State income tax shall be withheld on winnings in 6 3 excess of one thousand dollars from gambling activities 6 4 authorized under chapter 99D. State income tax shall be 6 5 withheld on winnings in excess of twelve hundred dollars 6 6 derived from slot machines authorized under chapter 99F. 6 7 Sec. 18. Section 422.43, subsection 2, Code 1997, is 6 8 amended to read as follows: 6 9 2. There is imposed a tax of five percent upon the gross 6 10 receipts derived from the operation of all forms of amusement 6 11 devices and games of skill, games of chance, raffles, and 6 12 bingo games as defined in chapter 99B, operated or conducted 6 13 within the state, the tax to be collected from the operator in 6 14 the same manner as for the collection of taxes upon the gross 6 15 receipts of tickets or admission as provided in this section. 6 16The tax shall also be imposed upon the gross receipts derived6 17from the sale of lottery tickets or shares pursuant to chapter6 1899E. The tax on the lottery tickets or shares shall be6 19included in the sales price and distributed to the general6 20fund as provided in section 99E.10.6 21 Sec. 19. Section 422B.8, unnumbered paragraph 1, Code 6 22 1997, is amended to read as follows: 6 23 A local sales and services tax at the rate of not more than 6 24 one percent may be imposed by a county on the gross receipts 6 25 taxed by the state under chapter 422, division IV. A local 6 26 sales and services tax shall be imposed on the same basis as 6 27 the state sales and services tax and may not be imposed on the 6 28 sale of any property or on any service not taxed by the state, 6 29 except the tax shall not be imposed on the gross receipts from 6 30 the sale of motor fuel or special fuel as defined in chapter 6 31 452A, on the gross receipts from the rental of rooms, 6 32 apartments, or sleeping quarters which are taxed under chapter 6 33 422A during the period the hotel and motel tax is imposed, on 6 34 the gross receipts from the sale of natural gas or electric 6 35 energy in a city or county where the gross receipts are 7 1 subject to a franchise fee or user fee during the period the 7 2 franchise or user fee is imposed, and on the gross receipts 7 3 from the sale of equipment by the state department of 7 4 transportation, and on the gross receipts from the sale of a7 5lottery ticket or share in a lottery game conducted pursuant7 6to chapter 99E. A local sales and services tax is applicable 7 7 to transactions within those incorporated and unincorporated 7 8 areas of the county where it is imposed and shall be collected 7 9 by all persons required to collect state gross receipts taxes. 7 10 All cities contiguous to each other shall be treated as part 7 11 of one incorporated area and the tax would be imposed in each 7 12 of those contiguous cities only if the majority of those 7 13 voting in the total area covered by the contiguous cities 7 14 favor its imposition. 7 15 Sec. 20. Section 455A.18, subsection 3, unnumbered 7 16 paragraph 1, Code 1997, is amended to read as follows: 7 17 For each fiscal year of the fiscal period beginning July 1, 7 18 1997, and ending June 30, 2021, there is appropriated from the 7 19 general fund, to the Iowa resources enhancement and protection 7 20 fund, the amount of twenty million dollars, to be used as 7 21 provided in this chapter.However, in any fiscal year of the7 22fiscal period, if moneys from the lottery are appropriated by7 23the state to the fund, the amount appropriated under this7 24subsection shall be reduced by the amount appropriated from7 25the lottery.7 26 Sec. 21. Section 537A.4, unnumbered paragraph 2, Code 7 27 1997, is amended to read as follows: 7 28 This section does not apply to a contract for the operation 7 29 of or for the sale or rental of equipment for games of skill 7 30 or games of chance, if both the contract and the games are in 7 31 compliance with chapter 99B. This section does not apply to 7 32 wagering under the pari-mutuel method of wagering authorized 7 33 by chapter 99D.This section does not apply to the sale,7 34purchase or redemption of a ticket or share in the state7 35lottery in compliance with chapter 99E.This section does not 8 1 apply to wagering under the excursion boat gambling method of 8 2 wagering authorized by chapter 99F. This section does not 8 3 apply to the sale, purchase, or redemption of any ticket or 8 4 similar gambling device legally purchased in Indian lands 8 5 within this state. 8 6 Sec. 22. Section 714B.10, subsection 1, Code 1997, is 8 7 amended to read as follows: 8 8 1. Advertising by sponsors registered pursuant to chapter 8 9 557B, licensed pursuant to chapter 99B, or regulated pursuant 8 10 to chapter 99D, 99E,or 99F. 8 11 Sec. 23. Section 725.9, subsection 5, Code 1997, is 8 12 amended to read as follows: 8 13 5. This chapter does not prohibit the possession of 8 14 gambling devices by a manufacturer or distributor if the 8 15 possession is solely for sale out of the state in another 8 16 jurisdiction where possession of the device is legal or for 8 17 sale in the state or use in the state if the use is licensed 8 18 pursuant toeitherchapter 99Bor chapter 99E. 8 19 Sec. 24. Section 725.15, Code 1997, is amended to read as 8 20 follows: 8 21 725.15 EXCEPTIONS FOR LEGAL GAMBLING. 8 22 Sections 725.5 to 725.10 and 725.12 do not apply to a game, 8 23 activity, ticket, or device when lawfully possessed, used, 8 24 conducted, or participated in pursuant to chapter 99B, 99E,or 8 25 99F. 8 26 Sec. 25. Chapter 99E, Code 1997, is repealed. 8 27 Sec. 26. EFFECTIVE DATE. Section 1 of this Act, being 8 28 deemed of immediate importance, takes effect upon enactment. 8 29 EXPLANATION 8 30 This bill repeals chapter 99E, the Iowa lottery Act, as of 8 31 July 1, 1997. The bill also provides for the orderly 8 32 discontinuation of the lottery games, the disposition of 8 33 lottery equipment, the termination of contracts, and the 8 34 transfer, reclassification, or termination of affected state 8 35 employees. 9 1 The bill also includes a number of amendments striking 9 2 references to chapter 99E, the Iowa lottery Act. 9 3 LSB 1918XS 77 9 4 tj/sc/14
Text: SF00337 Text: SF00339 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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