Text: HSB00177                          Text: HSB00179
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 178

Bill Text

PAG LIN
  1  1    Section 1.  Section 99D.11, subsection 7, Code 1999, is
  1  2 amended to read as follows:
  1  3    7.  A person under the age of twenty-one years shall not
  1  4 make or attempt to make a pari-mutuel wager.  A person who
  1  5 violates this subsection commits a scheduled violation under
  1  6 section 805.8, subsection 13.
  1  7    Sec. 2.  Section 99E.18, Code 1999, is amended by adding
  1  8 the following new subsection:
  1  9    NEW SUBSECTION.  5.  A person under the age of twenty-one
  1 10 years shall not purchase or attempt to purchase a ticket or
  1 11 share.  A person who violates this subsection commits a
  1 12 scheduled violation under section 805.8, subsection 13.
  1 13    Sec. 3.  Section 99F.4A, subsection 2, Code l999, is
  1 14 amended to read as follows:
  1 15    2.  A license to operate gambling games shall be issued
  1 16 only to a licensee holding a valid license to conduct pari-
  1 17 mutuel dog or horse racing pursuant to chapter 99D on January
  1 18 1, 1994.  However, a license to operate gambling games issued
  1 19 pursuant to this subsection may be transferred to another
  1 20 person after a majority of the voters voting on the transfer
  1 21 proposal approves it.  Only the registered voters of the
  1 22 county in which the racetrack enclosure is located are
  1 23 eligible to vote on the proposal.  The transfer proposal shall
  1 24 be submitted by the board of supervisors at a general election
  1 25 or a special election called for that purpose.  If the
  1 26 proposal is approved, the transfer of a license is subject to
  1 27 application to, and approval by, the commission.  However, the
  1 28 commission shall not give its approval unless the new licensee
  1 29 meets the requirements of sections 99D.8 through 99D.10.  In
  1 30 addition, if there is in existence at the time of license
  1 31 transfer a contract for purses and supplements for horse
  1 32 racing, the contract shall remain in effect until its
  1 33 termination, and thereafter, purses and supplements shall be
  1 34 no lower than fifteen percent of the annual adjusted gross
  1 35 receipts.  A transferee shall not be required to honor any
  2  1 material changes made to such a contract within one year
  2  2 before the transfer.
  2  3    Sec. 4.  Section 99F.4A, Code 1999, is amended by adding
  2  4 the following new subsection:
  2  5    NEW SUBSECTION.  8.  A civil penalty imposed by the
  2  6 commission on a licensee relating to a violation of legal age
  2  7 for gambling or pari-mutuel wagering at an excursion gambling
  2  8 boat or a pari-mutuel racetrack shall not exceed one thousand
  2  9 dollars per incident if the violator is removed by the
  2 10 licensee.
  2 11    Sec. 5.  Section 99F.4A, Code 1999, is amended by adding
  2 12 the following new subsection:
  2 13    NEW SUBSECTION.  9.  If a license issued pursuant to this
  2 14 chapter or chapter 99D is transferred, an existing collective
  2 15 bargaining agreement or the impact of an employee
  2 16 representation election shall transfer to the new licensee.
  2 17    Sec. 6.  NEW SECTION.  99F.5A  MORATORIUM FOR ISSUANCE OF
  2 18 LICENSES FOR EXCURSION GAMBLING BOATS AND ON THE NUMBER OF
  2 19 GAMBLING GAMES.
  2 20    1.  The total number of licenses issued to conduct gambling
  2 21 games on excursion gambling boats pursuant to this chapter
  2 22 shall not exceed ten until July 1, 2003.
  2 23    2.  Notwithstanding subsection 1, the following actions may
  2 24 be taken during the moratorium from the effective date of this
  2 25 Act, until July 1, 2003, with the approval of the commission:
  2 26    a.  A licensed excursion gambling boat may move to a new
  2 27 location within the same county.
  2 28    b.  A licensed excursion gambling boat and its facilities
  2 29 may be sold and a new license may be issued for operation in
  2 30 the same county.
  2 31    c.  If a license to conduct gambling games on an excursion
  2 32 gambling boat is surrendered, not renewed, or revoked, a new
  2 33 license may be issued for operation in the same county.
  2 34    3.  During the moratorium from six months after the
  2 35 effective date of this Act, until January 1, 2001, the
  3  1 commission shall not authorize any of the following:
  3  2    a.  An increase in the number of gambling games or the
  3  3 number of slot machines on an excursion gambling boat.
  3  4    b.  An increase in the number of slot machines at a pari-
  3  5 mutuel racetrack.
  3  6    4.  The commission shall not authorize a licensee to
  3  7 conduct pari-mutuel wagering at a licensed premises in more
  3  8 than one county.
  3  9    Sec. 7.  NEW SECTION.  99F.5B  CHARITABLE CONTRIBUTIONS.
  3 10    A gambling game license holder may distribute profits to a
  3 11 governmental body and the distribution shall be considered a
  3 12 charitable contribution.  The duty to make charitable
  3 13 contributions may be the subject of a contract between a
  3 14 governmental body and a gambling game license holder.  The
  3 15 moneys received by a county as charitable contributions shall
  3 16 be distributed only after receiving advice from citizens of
  3 17 the county obtained at public hearings held in the county.
  3 18    Sec. 8.  Section 99F.7, subsection 1, Code 1999, is amended
  3 19 to read as follows:
  3 20    1.  If the commission is satisfied that this chapter and
  3 21 its rules adopted under this chapter applicable to licensees
  3 22 have been or will be complied with, the commission shall issue
  3 23 a license for a period of not more than three years to an
  3 24 applicant to own a gambling game operation and to an applicant
  3 25 to operate an excursion gambling boat.  The commission shall
  3 26 decide which of the gambling games authorized under this
  3 27 chapter it will permit.  The commission shall decide the
  3 28 number, location, and type of excursion gambling boats
  3 29 licensed under this chapter for operation on the rivers,
  3 30 lakes, and reservoirs of this state.  However, after July 1,
  3 31 2003, the commission shall issue a new license for an
  3 32 excursion gambling boat operation only if the excursion
  3 33 gambling boat operates on the Mississippi or Missouri river.
  3 34 The license shall set forth the name of the licensee, the type
  3 35 of license granted, the place where the excursion gambling
  4  1 boats will operate and dock, and the time and number of days
  4  2 during the excursion season and the off season when gambling
  4  3 may be conducted by the licensee.  The commission shall not
  4  4 allow a licensee to conduct gambling games on an excursion
  4  5 gambling boat while docked during the off season if the
  4  6 licensee does not operate gambling excursions for a minimum
  4  7 number of days during the excursion season.  The commission
  4  8 may delay the commencement of the excursion season at the
  4  9 request of a licensee.
  4 10    Sec. 9.  Section 99F.9, subsection 5, Code 1999, is amended
  4 11 to read as follows:
  4 12    5.  A person under the age of twenty-one years shall not
  4 13 attempt to make or make a wager on an excursion gambling boat
  4 14 or in a racetrack enclosure and shall not be allowed in enter
  4 15 the area of the excursion gambling boat or racetrack enclosure
  4 16 where gambling is being conducted.  However, a person eighteen
  4 17 years of age or older may be employed to work in a gambling
  4 18 area on an excursion gambling boat or in a racetrack
  4 19 enclosure.  A person who violates this subsection with respect
  4 20 to a wager commits a scheduled violation under section 805.8,
  4 21 subsection 13.
  4 22    Sec. 10.  Section 99F.9, Code 1999, is amended by adding
  4 23 the following new subsection:
  4 24    NEW SUBSECTION.  7.  A licensee shall not permit the
  4 25 operation of a satellite terminal as defined in section 527.2
  4 26 to dispense cash or credit for gambling purposes on an
  4 27 excursion gambling boat or within a racetrack enclosure except
  4 28 in nongaming areas as designated by the commission.  The
  4 29 commission may assess a civil penalty for a violation of this
  4 30 subsection.
  4 31    Sec. 11.  Section 805.8, Code 1999, is amended by adding
  4 32 the following new subsection:
  4 33    NEW SUBSECTION.  13.  GAMBLING VIOLATIONS.  For violations
  4 34 of legal age for gambling or pari-mutuel wagering under
  4 35 section 99D.11, subsection 7, section 99E.18, subsection 5, or
  5  1 section 99F.9, subsection 5, the scheduled fine is one hundred
  5  2 dollars.  Failure to pay the fine by a person under the age of
  5  3 eighteen shall not result in the person being detained in a
  5  4 secure facility.
  5  5    Sec. 12.  NULLIFICATION OF RULES.
  5  6    1.  491 Iowa administrative code, rule 1.6, subrule 4, is
  5  7 nullified.
  5  8    2.  491 Iowa administrative code, rule 5.1, subrule 5, is
  5  9 nullified.
  5 10    3.  491 Iowa administrative code, rule 20.22, is nullified.
  5 11    Sec. 13.  EFFECTIVE DATE.  This Act, being deemed of
  5 12 immediate importance, takes effect upon enactment.  
  5 13                           EXPLANATION 
  5 14    The bill imposes a moratorium on the issuing of licenses to
  5 15 conduct gambling games on excursion gambling boats until July
  5 16 1, 2003, and freezes the number of excursion gambling boat
  5 17 licenses at 10.  During the moratorium, an excursion gambling
  5 18 boat may be sold and a new license may be issued in the same
  5 19 county.  The operation of an excursion gambling boat may be
  5 20 relocated within a county with the state racing and gaming
  5 21 commission's approval and the commission may reissue for the
  5 22 same county a license that is surrendered, not renewed, or
  5 23 revoked.  During the moratorium from six months after the
  5 24 effective date of this Act until January 1, 2001, the
  5 25 commission shall not authorize an increase in the number of
  5 26 gambling games or the number of slot machines on an excursion
  5 27 gambling boat or the number of slot machines at a pari-mutuel
  5 28 racetrack.
  5 29    The bill provides that the state racing and gaming
  5 30 commission shall not authorize a pari-mutuel licensee to
  5 31 conduct pari-mutuel wagering at a licensed premises in more
  5 32 than one county.
  5 33    The bill also authorizes the transfer of a gambling license
  5 34 at a pari-mutuel horse or dog racetrack with approval of a
  5 35 majority of the county voters voting on the transfer question.
  6  1 The transfer is also subject to the approval of the state
  6  2 racing and gaming commission.  The bill provides for the
  6  3 transfer of contract provisions relating to purses and
  6  4 supplements for horse racing and the purses and supplements
  6  5 are required to be no lower than 15 percent of the annual
  6  6 adjusted gross receipts.  A transferee is not required to
  6  7 honor any material changes made to such a contract within one
  6  8 year before the transfer.
  6  9    The bill imposes a $100 scheduled fine on a person under 21
  6 10 years or age who attempts to gamble or gambles on an excursion
  6 11 gambling boat or at a racetrack enclosure, who attempts to
  6 12 purchase or purchases a lottery ticket or share, or who
  6 13 attempts to place or places a pari-mutuel wager.
  6 14    The bill prohibits a gambling game licensee from allowing
  6 15 the dispensing of cash or credit through satellite terminals
  6 16 or other electronic means for gambling purposes.  However,
  6 17 satellite terminals to dispense cash or credit may be located
  6 18 in nongaming areas designated by the commission.
  6 19    This bill limits a civil penalty imposed by the commission
  6 20 on a licensee relating to a violation of legal age for
  6 21 gambling or pari-mutuel wagering if the violator is removed by
  6 22 the licensee to a maximum of $1,000 per incident.
  6 23    The bill provides that if a gambling license is
  6 24 transferred, an existing collective bargaining agreement or
  6 25 the impact of an employee representation election shall
  6 26 transfer to the new licensee.
  6 27    The bill provides that a gambling licensee may distribute
  6 28 profits to a governmental body and the distribution shall be
  6 29 considered a charitable contribution.
  6 30    The bill also provides that, after July 1, 2003, the
  6 31 commission shall issue a new license for an excursion gambling
  6 32 boat only if the boat operates on the Mississippi or Missouri
  6 33 river.
  6 34    The bill also nullifies three administrative rules relating
  6 35 to the dispensing of cash or credit through satellite
  7  1 terminals, the location and number of racetrack licensees and
  7  2 the increase of gambling machines at racetrack enclosures, and
  7  3 the location and number of excursion gambling boat licensees
  7  4 and the increase in the number of gambling games and gambling
  7  5 tables on excursion gambling boats.
  7  6    This bill takes effect upon enactment.  
  7  7 LSB 2939HC 78
  7  8 tj/cf/24
     

Text: HSB00177                          Text: HSB00179
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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