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Senate File 2320

Partial Bill History

Bill Text

PAG LIN
  1  1                                         SENATE FILE 2320
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO GAMBLING BY IMPOSING A MORATORIUM ON NEW 
  1  5    LICENSES TO CONDUCT GAMBLING ON EXCURSION GAMBLING 
  1  6    BOATS AND AT PARI-MUTUEL RACETRACKS WITH GAMBLING 
  1  7    GAMES, LIMITING THE LOCATION OF FUTURE EXCURSION 
  1  8    GAMBLING BOATS, PROHIBITING GAMBLING LICENSEES FROM
  1  9    ALLOWING THE LOANING OF MONEY BY CREDIT CARD OR OTHER
  1 10    ELECTRONIC MEANS FOR GAMBLING PURPOSES, AND IMPOSING 
  1 11    A SCHEDULED FINE FOR GAMBLING BY PERSONS UNDER 
  1 12    TWENTY-ONE YEARS OF AGE.
  1 13 
  1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 15 
  1 16    Section 1.  Section 99D.11, subsection 7, Code 1997, is
  1 17 amended to read as follows:
  1 18    7.  A person under the age of twenty-one years shall not
  1 19 make or attempt to make a pari-mutuel wager.  A person who
  1 20 violates this subsection commits a scheduled violation under
  1 21 section 805.8, subsection 13.
  1 22    Sec. 2.  Section 99E.18, Code 1997, is amended by adding
  1 23 the following new subsection:
  1 24    NEW SUBSECTION.  5.  A person under the age of twenty-one
  1 25 years shall not purchase or attempt to purchase a ticket or
  1 26 share.  A person who violates this subsection commits a
  1 27 scheduled violation under section 805.8, subsection 13.
  1 28    Sec. 3.  Section 99F.4A, subsection 2, Code l997, is
  1 29 amended to read as follows:
  1 30    2.  A license to operate gambling games shall be issued
  1 31 only to a licensee holding a valid license to conduct pari-
  1 32 mutuel dog or horse racing pursuant to chapter 99D on January
  1 33 1, 1994.  However, a license to operate gambling games issued
  1 34 pursuant to this subsection may be transferred to another
  1 35 person after a majority of the voters voting on the transfer
  2  1 proposal approves it.  Only the registered voters of the
  2  2 county in which the racetrack enclosure is located are
  2  3 eligible to vote on the proposal.  The transfer proposal shall
  2  4 be submitted by the board of supervisors at a general election
  2  5 or a special election called for that purpose.  If the
  2  6 proposal is approved, the transfer of a license is subject to
  2  7 application to, and approval by, the commission.  However, the
  2  8 commission shall not give its approval unless the new licensee
  2  9 meets the requirements of sections 99D.8 through 99D.10.  In
  2 10 addition, if there is in existence at the time of license
  2 11 transfer a contract for purses and supplements for horse
  2 12 racing, the contract shall remain in effect until its
  2 13 termination, and thereafter, purses and supplements shall be
  2 14 no lower than fifteen percent of the annual adjusted gross
  2 15 receipts.  A transferee shall not be required to honor any
  2 16 material changes made to such contract within one year before
  2 17 the transfer.
  2 18    Sec. 4.  Section 99F.4A, Code 1997, is amended by adding
  2 19 the following new subsection:
  2 20    NEW SUBSECTION.  8.  A civil penalty imposed by the
  2 21 commission on a licensee relating to a violation of legal age
  2 22 for gambling or pari-mutuel wagering at an excursion gambling
  2 23 boat or a pari-mutuel racetrack shall not exceed one thousand
  2 24 dollars per incident if the violator is removed by the
  2 25 licensee.
  2 26    Sec. 5.  Section 99F.4A, Code 1997, is amended by adding
  2 27 the following new subsection:
  2 28    NEW SUBSECTION.  9.  If a license issued pursuant to this
  2 29 chapter or chapter 99D is transferred, an existing collective
  2 30 bargaining agreement or the impact of an employee
  2 31 representation election shall transfer to the new licensee.
  2 32    Sec. 6.  NEW SECTION.  99F.5A  MORATORIUM FOR ISSUANCE OF
  2 33 LICENSES FOR EXCURSION GAMBLING BOATS AND ON THE NUMBER OF
  2 34 GAMBLING GAMES.
  2 35    1.  The total number of licenses issued to conduct gambling
  3  1 games on excursion gambling boats pursuant to this chapter
  3  2 shall not exceed ten until July 1, 2003.
  3  3    2.  Notwithstanding subsection 1, the following actions may
  3  4 be taken during the moratorium from July 1, 1998, until July
  3  5 1, 2003, with the approval of the commission:
  3  6    a.  A licensed excursion gambling boat may move to a new
  3  7 location within the same county.
  3  8    b.  A licensed excursion gambling boat and its facilities
  3  9 may be sold and a new license may be issued for operation in
  3 10 the same county.
  3 11    c.  If a license to conduct gambling games on an excursion
  3 12 gambling boat is surrendered, not renewed, or revoked, a new
  3 13 license may be issued for operation in the same county.
  3 14    3.  During the moratorium from six months after the
  3 15 effective date of this section of this Act, until January 1,
  3 16 2001, the commission shall not authorize any of the following:
  3 17    a.  An increase in the number of gambling games or the
  3 18 number of slot machines on an excursion gambling boat.
  3 19    b.  An increase in the number of slot machines at a pari-
  3 20 mutuel racetrack.
  3 21    4.  The commission shall not authorize a licensee to
  3 22 conduct pari-mutuel wagering at a licensed premises in more
  3 23 than one county.
  3 24    Sec. 7.  NEW SECTION.  99F.5B  CHARITABLE CONTRIBUTIONS.
  3 25    A gambling game license holder may distribute profits to a
  3 26 governmental body and the distribution shall be considered a
  3 27 charitable contribution.  The duty to make charitable
  3 28 contributions may be the subject of a contract between a
  3 29 governmental body and a gambling game license holder.  The
  3 30 moneys received by a county as charitable contributions shall
  3 31 be distributed only after receiving advice from citizens of
  3 32 the county obtained at public hearings held in the county.
  3 33    Sec. 8.  Section 99F.7, subsection 1, Code 1997, is amended
  3 34 to read as follows:
  3 35    1.  If the commission is satisfied that this chapter and
  4  1 its rules adopted under this chapter applicable to licensees
  4  2 have been or will be complied with, the commission shall issue
  4  3 a license for a period of not more than three years to an
  4  4 applicant to own a gambling game operation and to an applicant
  4  5 to operate an excursion gambling boat.  The commission shall
  4  6 decide which of the gambling games authorized under this
  4  7 chapter it will permit.  The commission shall decide the
  4  8 number, location, and type of excursion gambling boats
  4  9 licensed under this chapter for operation on the rivers,
  4 10 lakes, and reservoirs of this state.  However, after July 1,
  4 11 2003, the commission shall issue a new license for an
  4 12 excursion gambling boat operation only if the excursion
  4 13 gambling boat operates on the Mississippi or Missouri river.
  4 14 The license shall set forth the name of the licensee, the type
  4 15 of license granted, the place where the excursion gambling
  4 16 boats will operate and dock, and the time and number of days
  4 17 during the excursion season and the off season when gambling
  4 18 may be conducted by the licensee.  The commission shall not
  4 19 allow a licensee to conduct gambling games on an excursion
  4 20 gambling boat while docked during the off season if the
  4 21 licensee does not operate gambling excursions for a minimum
  4 22 number of days during the excursion season.  The commission
  4 23 may delay the commencement of the excursion season at the
  4 24 request of a licensee.
  4 25    Sec. 9.  Section 99F.9, subsection 5, Code 1997, is amended
  4 26 to read as follows:
  4 27    5.  A person under the age of twenty-one years shall not
  4 28 attempt to make or make a wager on an excursion gambling boat
  4 29 or in a racetrack enclosure and shall not be allowed in enter
  4 30 the area of the excursion gambling boat or racetrack enclosure
  4 31 where gambling is being conducted.  However, a person eighteen
  4 32 years of age or older may be employed to work in a gambling
  4 33 area on an excursion gambling boat or a racetrack enclosure.
  4 34 A person who violates this subsection with respect to a wager
  4 35 commits a scheduled violation under section 805.8, subsection
  5  1 13.
  5  2    Sec. 10.  Section 99F.9, Code 1997, is amended by adding
  5  3 the following new subsection:
  5  4    NEW SUBSECTION.  7.  A licensee shall not permit the
  5  5 operation of a satellite terminal as defined in section 527.2
  5  6 to dispense cash or credit for gambling purposes on an
  5  7 excursion gambling boat or within a racetrack enclosure except
  5  8 in nongaming areas as designated by the commission.  The
  5  9 commission may assess a civil penalty for a violation of this
  5 10 subsection.
  5 11    Sec. 11.  Section 805.8, Code Supplement 1997, is amended
  5 12 by adding the following new subsection:
  5 13    NEW SUBSECTION.  13.  GAMBLING VIOLATIONS.  For violations
  5 14 of legal age for gambling or pari-mutuel wagering under
  5 15 section 99D.11, subsection 7, section 99E.18, subsection 5, or
  5 16 section 99F.9, subsection 5, the scheduled fine is one hundred
  5 17 dollars.  Failure to pay the fine by a person under the age of
  5 18 eighteen shall not result in the person being detained in a
  5 19 secure facility.
  5 20    Sec. 12.  EFFECTIVE DATE.  Section 6 of this Act, being
  5 21 deemed of immediate importance, takes effect upon enactment.  
  5 22 
  5 23 
  5 24                                                             
  5 25                               MARY E. KRAMER
  5 26                               President of the Senate
  5 27 
  5 28 
  5 29                                                             
  5 30                               RON J. CORBETT
  5 31                               Speaker of the House
  5 32 
  5 33    I hereby certify that this bill originated in the Senate and
  5 34 is known as Senate File 2320, Seventy-seventh General Assembly.
  5 35 
  6  1 
  6  2                                                             
  6  3                               MARY PAT GUNDERSON
  6  4                               Secretary of the Senate
  6  5 Approved                , 1998
  6  6 
  6  7 
  6  8                         
  6  9 TERRY E. BRANSTAD
  6 10 Governor
     

Text: SF02319                           Text: SF02321
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