Text: S03362                            Text: S03364
Text: S03300 - S03399                   Text: S Index
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Senate Amendment 3363

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-3331, to Senate File 445, as
  1  2 follows:
  1  3    #1.  Page 2, by inserting after line 6 the
  1  4 following:
  1  5    "#   .  Page 7, by inserting before line 12 the
  1  6 following:
  1  7    "Sec. 101.  IOWA LOTTERY DISCONTINUED –
  1  8 DISPOSITION OF PROPERTY – EMPLOYEES TRANSFERRED OR
  1  9 LAID OFF.
  1 10    1.  The Iowa lottery board shall discontinue all
  1 11 lottery games established pursuant to chapter 99E
  1 12 effective July 1, 2000.  The lottery board shall
  1 13 provide for the termination of all contracts extending
  1 14 beyond July 1, 2000, and provide for the disposition
  1 15 of all property leased or owned by the lottery
  1 16 division.
  1 17    2.  Any employee of the lottery division employed
  1 18 pursuant to chapter 19A and whose duty assignment is
  1 19 terminated by this Act, may be transferred to other
  1 20 duties within the department of revenue and finance,
  1 21 reassigned to other duties in another state department
  1 22 or agency, or terminated.  An employee shall not lose
  1 23 benefits accrued including, but not limited to,
  1 24 salary, retirement, vacation, or sick leave because of
  1 25 a transfer or reassignment.
  1 26    3.  The members of the lottery board, the
  1 27 commissioner, and any additional employees deemed
  1 28 necessary by the board may continue employment on or
  1 29 after July 1, 2000, to provide for the orderly
  1 30 discontinuation of the lottery games.  However, not
  1 31 later than September 30, 2000, the terms of office of
  1 32 the lottery board members and the employment of the
  1 33 commissioner and any other employees remaining on or
  1 34 after July 1, 2000, shall terminate.  Any matters
  1 35 regarding the termination of the lottery games
  1 36 established under chapter 99E which remain on October
  1 37 1, 2000, are the responsibility of the director of
  1 38 revenue and finance.  The director of revenue and
  1 39 finance shall complete the discontinuation of the
  1 40 lottery games as expeditiously as possible.
  1 41    Sec. 102.  Section 7E.5, subsection 1, paragraph d,
  1 42 Code 1999, is amended to read as follows:
  1 43    d.  The department of revenue and finance, created
  1 44 in section 421.2, which has primary responsibility for
  1 45 revenue collection and revenue law compliance, and
  1 46 financial management and assistance, and the Iowa
  1 47 lottery.
  1 48    Sec. 103.  Section 7E.6, subsection 3, Code 1999,
  1 49 is amended by striking the subsection.
  1 50    Sec. 104.  Section 8.22A, subsection 5, paragraph
  2  1 a, Code 1999, is amended by striking the paragraph.
  2  2    Sec. 105.  Section 68B.35, subsection 2, paragraph
  2  3 e, Code 1999, is amended to read as follows:
  2  4    e.  Members of the banking board, the ethics and
  2  5 campaign disclosure board, the credit union review
  2  6 board, the economic development board, the employment
  2  7 appeal board, the environmental protection commission,
  2  8 the health facilities council, the Iowa business
  2  9 investment corporation board of directors, the Iowa
  2 10 finance authority, the Iowa seed capital corporation,
  2 11 the Iowa public employees' retirement system
  2 12 investment board, the lottery board, the natural
  2 13 resource commission, the board of parole, the
  2 14 petroleum underground storage tank fund board, the
  2 15 public employment relations board, the state racing
  2 16 and gaming commission, the state board of regents, the
  2 17 tax review board, the transportation commission, the
  2 18 office of consumer advocate, the utilities board, the
  2 19 Iowa telecommunications and technology commission, and
  2 20 any full-time members of other boards and commissions
  2 21 as defined under section 7E.4 who receive an annual
  2 22 salary for their service on the board or commission.
  2 23    Sec. 106.  Section 99A.10, Code 1999, is amended to
  2 24 read as follows:
  2 25    99A.10  MANUFACTURE AND DISTRIBUTION OF GAMBLING
  2 26 DEVICES PERMITTED.
  2 27    A person may manufacture or act as a distributor
  2 28 for gambling devices for sale out of the state in
  2 29 another jurisdiction where possession of the device is
  2 30 legal or for sale in the state or use in the state if
  2 31 the use is permitted pursuant to either chapter 99B or
  2 32 chapter 99E.
  2 33    Sec. 107.  Section 99B.1, subsection 17, Code 1999,
  2 34 is amended by striking the subsection.
  2 35    Sec. 108.  Section 99B.6, subsection 5, Code 1999,
  2 36 is amended by striking the subsection.
  2 37    Sec. 109.  Section 99B.7, subsection 1, paragraph
  2 38 l, subparagraph (1), Code 1999, is amended to read as
  2 39 follows:
  2 40    (1)  No other gambling is engaged in at the same
  2 41 location, except that lottery tickets or shares issued
  2 42 by the lottery division of the department of revenue
  2 43 and finance may be sold pursuant to chapter 99E.
  2 44    Sec. 110.  Section 99B.15, Code 1999, is amended to
  2 45 read as follows:
  2 46    99B.15  APPLICABILITY OF CHAPTER – PENALTY.
  2 47    It is the intent and purpose of this chapter to
  2 48 authorize gambling in this state only to the extent
  2 49 specifically permitted by a section of this chapter or
  2 50 chapter 99D, 99E, or 99F.  Except as otherwise
  3  1 provided in this chapter, the knowing failure of any
  3  2 person to comply with the limitations imposed by this
  3  3 chapter constitutes unlawful gambling, a serious
  3  4 misdemeanor.
  3  5    Sec. 111.  Section 99F.2, Code 1999, is amended to
  3  6 read as follows:
  3  7    99F.2  SCOPE OF PROVISIONS.
  3  8    This chapter does not apply to the pari-mutuel
  3  9 system of wagering used or intended to be used in
  3 10 connection with the horse-race or dog-race meetings as
  3 11 authorized under chapter 99D, lottery or lotto games
  3 12 authorized under chapter 99E, or bingo or games of
  3 13 skill or chance authorized under chapter 99B.
  3 14    Sec. 112.  Section 99F.11, subsection 3, Code 1999,
  3 15 is amended to read as follows:
  3 16    3.  Three-tenths of one percent of the adjusted
  3 17 gross receipts shall be deposited in the gambling
  3 18 treatment fund specified in section 99E.10, subsection
  3 19 1, paragraph "a".
  3 20    Sec. 113.  Section 123.49, subsection 2, paragraph
  3 21 a, Code 1999, is amended to read as follows:
  3 22    a.  Knowingly permit any gambling, except in
  3 23 accordance with chapter 99B, 99D, 99E, or 99F, or
  3 24 knowingly permit solicitation for immoral purposes, or
  3 25 immoral or disorderly conduct on the premises covered
  3 26 by the license or permit.
  3 27    Sec. 114.  Section 321.19, subsection 1, unnumbered
  3 28 paragraph 2, Code 1999, is amended to read as follows:
  3 29    The department shall furnish, on application, free
  3 30 of charge, distinguishing plates for vehicles thus
  3 31 exempted, which plates except plates on Iowa state
  3 32 patrol vehicles shall bear the word "official" and the
  3 33 department shall keep a separate record.  Registration
  3 34 plates issued for Iowa state patrol vehicles, except
  3 35 unmarked patrol vehicles, shall bear two red stars on
  3 36 a yellow background, one before and one following the
  3 37 registration number on the plate, which registration
  3 38 number shall be the officer's badge number.
  3 39 Registration plates issued for county sheriff's patrol
  3 40 vehicles shall display one seven-pointed gold star
  3 41 followed by the letter "S" and the call number of the
  3 42 vehicle.  However, the director of general services or
  3 43 the director of transportation may order the issuance
  3 44 of regular registration plates for any exempted
  3 45 vehicle used by peace officers in the enforcement of
  3 46 the law, persons enforcing chapter 124 and other laws
  3 47 relating to controlled substances, and persons in the
  3 48 department of justice, the alcoholic beverages
  3 49 division of the department of commerce, the department
  3 50 of inspections and appeals, and the department of
  4  1 revenue and finance, who are regularly assigned to
  4  2 conduct investigations which cannot reasonably be
  4  3 conducted with a vehicle displaying "official" state
  4  4 registration plates, persons in the lottery division
  4  5 of the department of revenue and finance whose
  4  6 regularly assigned duties relating to security or the
  4  7 carrying of lottery tickets cannot reasonably be
  4  8 conducted with a vehicle displaying "official"
  4  9 registration plates, and persons in the department of
  4 10 economic development who are regularly assigned duties
  4 11 relating to existing industry expansion or business
  4 12 attraction.  For purposes of sale of exempted
  4 13 vehicles, the exempted governmental body, upon the
  4 14 sale of the exempted vehicle, may issue for in-transit
  4 15 purposes a pasteboard card bearing the words "Vehicle
  4 16 in Transit", the name of the official body from which
  4 17 the vehicle was purchased, together with the date of
  4 18 the purchase plainly marked in at least one-inch
  4 19 letters, and other information required by the
  4 20 department.  The in-transit card is valid for use only
  4 21 within forty-eight hours after the purchase date as
  4 22 indicated on the bill of sale which shall be carried
  4 23 by the driver.
  4 24    Sec. 115.  Section 421.17, subsection 27, Code
  4 25 1999, is amended by striking the subsection.
  4 26    Sec. 116.  Section 422.16, subsection 1, unnumbered
  4 27 paragraph 4, Code 1999, is amended to read as follows:
  4 28    For the purposes of this subsection, state income
  4 29 tax shall be withheld on winnings in excess of six
  4 30 hundred dollars derived from gambling activities
  4 31 authorized under chapter 99B or 99E.  State income tax
  4 32 shall be withheld on winnings in excess of one
  4 33 thousand dollars from gambling activities authorized
  4 34 under chapter 99D.  State income tax shall be withheld
  4 35 on winnings in excess of twelve hundred dollars
  4 36 derived from slot machines authorized under chapter
  4 37 99F.
  4 38    Sec. 117.  Section 422.43, subsection 2, Code 1999,
  4 39 is amended to read as follows:
  4 40    2.  There is imposed a tax of five percent upon the
  4 41 gross receipts derived from the operation of all forms
  4 42 of amusement devices and games of skill, games of
  4 43 chance, raffles, and bingo games as defined in chapter
  4 44 99B, operated or conducted within the state, the tax
  4 45 to be collected from the operator in the same manner
  4 46 as for the collection of taxes upon the gross receipts
  4 47 of tickets or admission as provided in this section.
  4 48 The tax shall also be imposed upon the gross receipts
  4 49 derived from the sale of lottery tickets or shares
  4 50 pursuant to chapter 99E.  The tax on the lottery
  5  1 tickets or shares shall be included in the sales price
  5  2 and distributed to the general fund as provided in
  5  3 section 99E.10.
  5  4    Sec. 118.  Section 422B.8, unnumbered paragraph 1,
  5  5 Code 1999, is amended to read as follows:
  5  6    A local sales and services tax at the rate of not
  5  7 more than one percent may be imposed by a county on
  5  8 the gross receipts taxed by the state under chapter
  5  9 422, division IV.  A local sales and services tax
  5 10 shall be imposed on the same basis as the state sales
  5 11 and services tax and may not be imposed on the sale of
  5 12 any property or on any service not taxed by the state,
  5 13 except the tax shall not be imposed on the gross
  5 14 receipts from the sale of motor fuel or special fuel
  5 15 as defined in chapter 452A, on the gross receipts from
  5 16 the rental of rooms, apartments, or sleeping quarters
  5 17 which are taxed under chapter 422A during the period
  5 18 the hotel and motel tax is imposed, on the gross
  5 19 receipts from the sale of natural gas or electric
  5 20 energy in a city or county where the gross receipts
  5 21 are subject to a franchise fee or user fee during the
  5 22 period the franchise or user fee is imposed, and on
  5 23 the gross receipts from the sale of equipment by the
  5 24 state department of transportation, and on the gross
  5 25 receipts from the sale of a lottery ticket or share in
  5 26 a lottery game conducted pursuant to chapter 99E.  A
  5 27 local sales and services tax is applicable to
  5 28 transactions within those incorporated and
  5 29 unincorporated areas of the county where it is imposed
  5 30 and shall be collected by all persons required to
  5 31 collect state gross receipts taxes.  All cities
  5 32 contiguous to each other shall be treated as part of
  5 33 one incorporated area and the tax would be imposed in
  5 34 each of those contiguous cities only if the majority
  5 35 of those voting in the total area covered by the
  5 36 contiguous cities favor its imposition.
  5 37    Sec. 119.  Section 455A.18, subsection 3,
  5 38 unnumbered paragraph 1, Code 1999, is amended to read
  5 39 as follows:
  5 40    For each fiscal year of the fiscal period beginning
  5 41 July 1, 1997, and ending June 30, 2021, there is
  5 42 appropriated from the general fund, to the Iowa
  5 43 resources enhancement and protection fund, the amount
  5 44 of twenty million dollars, to be used as provided in
  5 45 this chapter.  However, in any fiscal year of the
  5 46 fiscal period, if moneys from the lottery are
  5 47 appropriated by the state to the fund, the amount
  5 48 appropriated under this subsection shall be reduced by
  5 49 the amount appropriated from the lottery.
  5 50    Sec. 120.  Section 537A.4, unnumbered paragraph 2,
  6  1 Code 1999, is amended to read as follows:
  6  2    This section does not apply to a contract for the
  6  3 operation of or for the sale or rental of equipment
  6  4 for games of skill or games of chance, if both the
  6  5 contract and the games are in compliance with chapter
  6  6 99B.  This section does not apply to wagering under
  6  7 the pari-mutuel method of wagering authorized by
  6  8 chapter 99D.  This section does not apply to the sale,
  6  9 purchase or redemption of a ticket or share in the
  6 10 state lottery in compliance with chapter 99E.  This
  6 11 section does not apply to wagering under the excursion
  6 12 boat gambling method of wagering authorized by chapter
  6 13 99F.  This section does not apply to the sale,
  6 14 purchase, or redemption of any ticket or similar
  6 15 gambling device legally purchased in Indian lands
  6 16 within this state.
  6 17    Sec. 121.  Section 714B.10, subsection 1, Code
  6 18 1999, is amended to read as follows:
  6 19    1.  Advertising by sponsors registered pursuant to
  6 20 chapter 557B, licensed pursuant to chapter 99B, or
  6 21 regulated pursuant to chapter 99D, 99E, or 99F.
  6 22    Sec. 122.  Section 725.9, subsection 5, Code 1999,
  6 23 is amended to read as follows:
  6 24    5.  This chapter does not prohibit the possession
  6 25 of gambling devices by a manufacturer or distributor
  6 26 if the possession is solely for sale out of the state
  6 27 in another jurisdiction where possession of the device
  6 28 is legal or for sale in the state or use in the state
  6 29 if the use is licensed pursuant to either chapter 99B
  6 30 or chapter 99E.
  6 31    Sec. 123.  Section 725.15, Code 1999, is amended to
  6 32 read as follows:
  6 33    725.15  EXCEPTIONS FOR LEGAL GAMBLING.
  6 34    Sections 725.5 to 725.10 and 725.12 do not apply to
  6 35 a game, activity, ticket, or device when lawfully
  6 36 possessed, used, conducted, or participated in
  6 37 pursuant to chapter 99B, 99E, or 99F.
  6 38    Sec. 124.  Chapter 99E, Code 1999, is repealed."
  6 39    #   .  Page 7, by striking line 13 and inserting
  6 40 the following:
  6 41    "1.  Sections 1 through 16 of this Act take
  6 42 effect".
  6 43    #   .  Page 7, by inserting after line 14 the
  6 44 following:
  6 45    "   .  Sections 102 through 124 of this Act take
  6 46 effect on July 1, 2000."
  6 47    #   .  Page 7, by striking lines 15 and 16 and
  6 48 inserting the following:
  6 49    "   .  Sections 17 and 101 of this Act, being
  6 50 deemed of immediate importance, take effect upon
  7  1 enactment.""
  7  2    #2.  Page 2, line 9, by inserting after the word
  7  3 "counties," the following:  "eliminating the Iowa
  7  4 lottery,".  
  7  5 
  7  6 
  7  7                               
  7  8 STEVEN D. HANSEN 
  7  9 SF 445.702 78
  7 10 tj/sc
     

Text: S03362                            Text: S03364
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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