Text: SSB01099 Text: SSB01101 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 notbe allowed inenter 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 workin a gambling5 33areaon 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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