Text: SSB01099                          Text: SSB01101
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Senate Study Bill 1100

Bill Text

PAG LIN
  1  1    Section 1.  Section 99D.9, subsection 1, Code 1999, is
  1  2 amended to read as follows:
  1  3    1.  If the commission is satisfied that its rules and
  1  4 sections 99D.8 through 99D.25 applicable to licensees have
  1  5 been or will be complied with, it may issue a license for a
  1  6 period of not more than three years.  The commission may
  1  7 decide which types of racing it will permit.  The commission
  1  8 may permit dog racing, horse racing of various types, or both
  1  9 dog and horse racing.  The commission shall decide the number,
  1 10 location, and type of all racetracks licensed under this
  1 11 chapter.  The commission shall not authorize a licensee to
  1 12 conduct pari-mutuel wagering at a licensed premises in more
  1 13 than one county.  The license shall set forth the name of the
  1 14 licensee, the type of license granted, the place where the
  1 15 race meeting is to be held, and the time and number of days
  1 16 during which racing may be conducted by the licensee.  The
  1 17 commission shall not approve the licenses for racetracks in
  1 18 Dubuque county and Black Hawk county if the proposed racing
  1 19 schedules of the two tracks conflict.  The commission shall
  1 20 not approve a license application if any part of the racetrack
  1 21 is to be constructed on prime farmland outside the city limits
  1 22 of an incorporated city.  As used in this subsection, "prime
  1 23 farmland" means as defined by the United States department of
  1 24 agriculture in 7 C.F.R. sec. 657.5(a).  A license is not
  1 25 transferable or assignable.  The commission may revoke any
  1 26 license issued for good cause upon reasonable notice and
  1 27 hearing.  The commission shall conduct a neighborhood impact
  1 28 study to determine the impact of granting a license on the
  1 29 quality of life in neighborhoods adjacent to the proposed
  1 30 racetrack facility.  The applicant for the license shall
  1 31 reimburse the commission for the costs incurred in making the
  1 32 study.  A copy of the study shall be retained on file with the
  1 33 commission and shall be a public record.  The study shall be
  1 34 completed before the commission may issue a license for the
  1 35 proposed facility.
  2  1    Sec. 2.  Section 99D.11, subsection 7, Code 1999, is
  2  2 amended to read as follows:
  2  3    7.  A person under the age of twenty-one years shall not
  2  4 make or attempt to make a pari-mutuel wager.  A person who
  2  5 violates this subsection commits a scheduled violation under
  2  6 section 805.8, subsection 13.
  2  7    Sec. 3.  Section 99E.18, Code 1999, is amended by adding
  2  8 the following new subsection:
  2  9    NEW SUBSECTION.  5.  A person under the age of twenty-one
  2 10 years shall not purchase or attempt to purchase a ticket or
  2 11 share.  A person who violates this subsection commits a
  2 12 scheduled violation under section 805.8, subsection 13.
  2 13    Sec. 4.  Section 99F.4A, subsection 2, Code 1999, is
  2 14 amended to read as follows:
  2 15    2.  A license to operate gambling games shall be issued
  2 16 only to a licensee holding a valid license to conduct pari-
  2 17 mutuel dog or horse racing pursuant to chapter 99D on January
  2 18 1, 1994.  However, a license to operate gambling games issued
  2 19 pursuant to this subsection may be transferred to another
  2 20 person after a majority of the voters voting on the transfer
  2 21 proposal approves it.  Only the registered voters of the
  2 22 county in which the racetrack enclosure is located are
  2 23 eligible to vote on the proposal.  The transfer proposal shall
  2 24 be submitted by the board of supervisors at a general election
  2 25 or at a special election called for that purpose.  If the
  2 26 proposal is approved, the transfer of a license is subject to
  2 27 application to, and approval by, the commission.  However, the
  2 28 commission shall not give its approval unless the new licensee
  2 29 meets the requirements of sections 99D.8 through 99D.10, and
  2 30 has a license to conduct pari-mutuel wagering in this state.
  2 31 In addition, if there is in existence at the time of license
  2 32 transfer a contract for purses and supplements for horse
  2 33 racing, the contract shall remain in effect until its
  2 34 termination, and thereafter, purses and supplements shall be
  2 35 no lower than fifteen percent of the annual adjusted gross
  3  1 receipts.  A transferee shall not be required to honor any
  3  2 material changes made to such a contract within one year
  3  3 before the transfer.
  3  4    Sec. 5.  Section 99F.4A, Code 1999, is amended by adding
  3  5 the following new subsection:
  3  6    NEW SUBSECTION.  8.  The total number of licenses issued to
  3  7 conduct gambling games at pari-mutuel racetracks pursuant to
  3  8 subsection 2 shall not exceed three until July 1, 2004.
  3  9    Sec. 6.  Section 99F.4A, Code 1999, is amended by adding
  3 10 the following new subsection:
  3 11    NEW SUBSECTION.  9.  A civil penalty imposed by the
  3 12 commission on a licensee relating to a violation of legal age
  3 13 for gambling at an excursion gambling boat or a pari-mutuel
  3 14 racetrack shall not exceed one thousand dollars per incident
  3 15 if the violator is removed from the excursion gambling boat or
  3 16 racetrack enclosure by the licensee.
  3 17    Sec. 7.  Section 99F.4A, Code 1999, is amended by adding
  3 18 the following new subsection:
  3 19    NEW SUBSECTION.  10.  If a license issued pursuant to this
  3 20 chapter or chapter 99D is transferred, an existing collective
  3 21 bargaining agreement or the impact of an employee
  3 22 representation election shall transfer to the new licensee.
  3 23    Sec. 8.  NEW SECTION.  99F.5A  MORATORIUM FOR ISSUANCE OF
  3 24 LICENSES FOR EXCURSION GAMBLING BOATS AND ON THE NUMBER OF
  3 25 GAMBLING GAMES OR SLOT MACHINES.
  3 26    1.  The total number of licenses issued to conduct gambling
  3 27 games on excursion gambling boats pursuant to this chapter
  3 28 shall not exceed ten until July 1, 2004.
  3 29    2.  The following actions may be taken until July 1, 2004,
  3 30 with the approval of the commission:
  3 31    a.  A licensed excursion gambling boat may move to a new
  3 32 location within the same county.
  3 33    b.  A licensed excursion gambling boat and its facilities
  3 34 may be sold and a new license may be issued for operation in
  3 35 the same county.
  4  1    c.  If a license to conduct gambling games on an excursion
  4  2 gambling boat is surrendered, not renewed, or revoked, a new
  4  3 license may be issued for operation in the same county.
  4  4    3.  Until January 1, 2002, the commission shall not
  4  5 authorize any of the following:
  4  6    a.  An increase in the number of gambling games or the
  4  7 number of slot machines on an excursion gambling boat.
  4  8    b.  An increase in the number of slot machines at a pari-
  4  9 mutuel racetrack.
  4 10    Sec. 9.  NEW SECTION.  99F.5B  CHARITABLE CONTRIBUTIONS.
  4 11    A gambling game license holder may distribute profits to a
  4 12 governmental body and the distribution shall be considered a
  4 13 charitable contribution.  The duty to make charitable
  4 14 contributions may be the subject of a contract between a
  4 15 governmental body and a gambling game license holder.  The
  4 16 moneys received by a county as charitable contributions shall
  4 17 be distributed only after receiving advice from citizens of
  4 18 the county obtained at public hearings held in the county.
  4 19    Sec. 10.  Section 99F.7, subsection 1, Code 1999, is
  4 20 amended to read as follows:
  4 21    1.  If the commission is satisfied that this chapter and
  4 22 its rules adopted under this chapter applicable to licensees
  4 23 have been or will be complied with, the commission shall issue
  4 24 a license for a period of not more than three years to an
  4 25 applicant to own a gambling game operation and to an applicant
  4 26 to operate an excursion gambling boat.  The commission shall
  4 27 decide which of the gambling games authorized under this
  4 28 chapter it will permit.  The commission shall decide the
  4 29 number, location, and type of excursion gambling boats
  4 30 licensed under this chapter for operation on the rivers,
  4 31 lakes, and reservoirs of this state.  However, after July 1,
  4 32 1999, the commission shall issue or renew a license for an
  4 33 excursion gambling boat operation only if the excursion
  4 34 gambling boat operates on the Mississippi or Missouri river or
  4 35 in Clarke county.  The license shall set forth the name of the
  5  1 licensee, the type of license granted, the place where the
  5  2 excursion gambling boats will operate and dock, and the time
  5  3 and number of days during the excursion season and the off
  5  4 season when gambling may be conducted by the licensee.  The
  5  5 commission shall not allow a licensee to conduct gambling
  5  6 games on an excursion gambling boat while docked during the
  5  7 off season if the licensee does not operate gambling
  5  8 excursions for a minimum number of days during the excursion
  5  9 season.  The commission may delay the commencement of the
  5 10 excursion season at the request of a licensee.
  5 11    Sec. 11.  Section 99F.7, subsection 10, paragraph b, Code
  5 12 1999, is amended to read as follows:
  5 13    b.  If licenses to conduct gambling games and to operate an
  5 14 excursion gambling boat are in effect pursuant to a referendum
  5 15 as set forth in this section and are subsequently disapproved
  5 16 by a referendum of the county electorate, the licenses issued
  5 17 by the commission after a referendum approving gambling games
  5 18 on excursion gambling boats shall remain valid and are subject
  5 19 to renewal for a total of nine years from the date of original
  5 20 issue unless the commission revokes a license at an earlier
  5 21 date as provided in this chapter.  For the purpose of this
  5 22 paragraph, a license issued on or after July 1, 1999, shall
  5 23 not be considered an original issue and the nine-year period
  5 24 of operation shall not apply.
  5 25    Sec. 12.  Section 99F.9, subsection 5, Code 1999, is
  5 26 amended to read as follows:
  5 27    5.  A person under the age of twenty-one years shall not
  5 28 make or attempt to make a wager on an excursion gambling boat
  5 29 or in a racetrack enclosure and shall not be allowed in enter
  5 30 the area of the excursion gambling boat or racetrack enclosure
  5 31 where gambling is being conducted.  However, a person eighteen
  5 32 years of age or older may be employed to work in a gambling
  5 33 area on an excursion gambling boat or in a racetrack
  5 34 enclosure.  A person who violates this subsection with respect
  5 35 to making or attempting to make a wager commits a scheduled
  6  1 violation under section 805.8, subsection 13.
  6  2    Sec. 13.  Section 99F.9, Code 1999, is amended by adding
  6  3 the following new subsection:
  6  4    NEW SUBSECTION.  7.  A licensee shall not permit the
  6  5 operation of a satellite terminal as defined in section 527.2
  6  6 to dispense cash or credit for gambling purposes on an
  6  7 excursion gambling boat or within a racetrack enclosure except
  6  8 in nongambling areas as designated by the commission.  The
  6  9 commission may assess a civil penalty for a violation of this
  6 10 subsection.
  6 11    Sec. 14.  Section 805.8, Code 1999, is amended by adding
  6 12 the following new subsection:
  6 13    NEW SUBSECTION.  13.  GAMBLING VIOLATIONS.  For violations
  6 14 of legal age for gambling or pari-mutuel wagering under
  6 15 section 99D.11, subsection 7, section 99E.18, subsection 5, or
  6 16 section 99F.9, subsection 5, the scheduled fine is one hundred
  6 17 dollars.  Failure to pay the fine by a person under the age of
  6 18 eighteen shall not result in the person being detained in a
  6 19 secure facility.  
  6 20                           EXPLANATION 
  6 21    The bill imposes a moratorium on the issuing of licenses to
  6 22 conduct gambling games on excursion gambling boats and at
  6 23 pari-mutuel racetracks until July 1, 2004, and freezes the
  6 24 number of excursion gambling boat licenses at 10 and the
  6 25 number of gambling game licenses at pari-mutuel racetracks at
  6 26 three.  During the moratorium, an excursion gambling boat may
  6 27 be sold and a new license may be issued in the same county.
  6 28 The operation of an excursion gambling boat may be relocated
  6 29 within a county with the state racing and gaming commission's
  6 30 approval and the commission may reissue for the same county a
  6 31 license that is surrendered, not renewed, or revoked.  During
  6 32 the moratorium until January 1, 2002, the commission shall not
  6 33 authorize an increase in the number of gambling games or the
  6 34 number of slot machines on an excursion gambling boat or the
  6 35 number of slot machines at a pari-mutuel racetrack.
  7  1    The bill also authorizes the transfer of a gambling license
  7  2 at a pari-mutuel horse or dog racetrack with approval of a
  7  3 majority of the county voters voting on the transfer question.
  7  4 The transfer is also subject to the approval of the state
  7  5 racing and gaming commission.  The bill provides for the
  7  6 transfer of contract provisions relating to purses and
  7  7 supplements for horse racing and the purses and supplements
  7  8 are required to be no lower than 15 percent of the annual
  7  9 adjusted gross receipts.  A transferee is not required to
  7 10 honor any material changes made to such a contract within one
  7 11 year before the transfer.
  7 12    The bill provides that the state racing and gaming
  7 13 commission shall not authorize a pari-mutuel licensee to
  7 14 conduct pari-mutuel wagering at a licensed premises in more
  7 15 than one county.
  7 16    The bill imposes a $100 scheduled fine on a person under 21
  7 17 years of age who attempts to gamble or gambles on an excursion
  7 18 gambling boat or at a racetrack enclosure, who attempts to
  7 19 purchase or purchases a lottery ticket or share, or who
  7 20 attempts to place or places a pari-mutuel wager.
  7 21    The bill prohibits a gambling game licensee from allowing
  7 22 the dispensing of cash or credit through satellite terminals
  7 23 or other electronic means for gambling purposes.  However,
  7 24 satellite terminals to dispense cash or credit may be located
  7 25 in nongaming areas designated by the commission.
  7 26    The bill provides that if a gambling license is
  7 27 transferred, an existing collective bargaining agreement or
  7 28 the impact of an employee representation election shall
  7 29 transfer to the new licensee.
  7 30    The bill provides that a gambling licensee may distribute
  7 31 profits to a governmental body and the distribution shall be
  7 32 considered a charitable contribution.
  7 33    The bill also provides that, after July 1, 1999, the
  7 34 commission shall issue or renew a license for an excursion
  7 35 gambling boat only if the boat operates on the Mississippi or
  8  1 Missouri river, or in Clarke county.
  8  2    The bill also provides that an excursion gambling boat
  8  3 license issued on or after July 1, 1999, shall not be
  8  4 considered an original issue of an excursion gambling boat
  8  5 license and the minimum nine-year period of operation shall
  8  6 not apply to that license.  
  8  7 LSB 2013SC 78
  8  8 tj/cf/24.2
     

Text: SSB01099                          Text: SSB01101
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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