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PAG LIN 1 1 HOUSE FILE 2109 1 2 1 3 AN ACT 1 4 RELATING TO THE REGULATION OF GAMES OF SKILL OR CHANCE AND 1 5 RAFFLES CONDUCTED FOR FUNDRAISING BY CHARITABLE, RELIGIOUS, 1 6 EDUCATIONAL, PUBLIC, CIVIC, OR PATRIOTIC ORGANIZATIONS, OR 1 7 OTHER ENTITIES, OR BETWEEN INDIVIDUALS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 99B.5, subsection 1, paragraph g, Code 1 12 2001, is amended to read as follows: 1 13 g. The actual retail value of any prize does not exceed 1 14two hundredone thousand dollars. If a prize consists of more 1 15 than one item, unit, or part, the aggregate retail value of 1 16 all items, units, or parts shall not exceedtwo hundredone 1 17 thousand dollars. However, either a fair sponsor or a 1 18 qualified organization, but not both, may hold one raffle per 1 19 calendar year at which prizes having a combined value of more 1 20 thantwo hundredone thousand dollars may be offered. If the 1 21 prize is merchandise, its value shall be determined by the 1 22 purchase price paid by the fair sponsor or qualified 1 23 organization. 1 24 Sec. 2. Section 99B.5, subsection 3, unnumbered paragraph 1 25 1, Code 2001, is amended to read as follows: 1 26 A licensee under this section may hold one real property 1 27 raffle per calendar year at which the value of the real 1 28 property may exceedtwo hundredone thousand dollars in lieu 1 29 of the annual raffle authorized in subsection 1, paragraph 1 30 "g", if all of the following requirements are met: 1 31 Sec. 3. Section 99B.7, subsection 1, paragraph d, Code 1 32 2001, is amended by striking the paragraph and inserting in 1 33 lieu thereof the following: 1 34 d. Cash prizes shall not be awarded in games other than 1 35 bingo and raffles. The value of a prize shall not exceed ten 2 1 thousand dollars and merchandise prizes shall not be 2 2 repurchased. If a prize consists of more than one item, unit, 2 3 or part, the aggregate value of all items, units, or parts 2 4 shall not exceed ten thousand dollars. However, one raffle 2 5 may be conducted per calendar year at which real property or 2 6 one or more merchandise prizes having a combined value of more 2 7 than ten thousand dollars may be awarded. 2 8 If a raffle licensee holds a statewide raffle license, the 2 9 licensee may hold not more than eight raffles per calendar 2 10 year at which real property or one or more merchandise prizes 2 11 having a combined value of more than ten thousand dollars may 2 12 be awarded. Each such raffle held under a statewide license 2 13 shall be held in a separate county. 2 14 If a prize is merchandise, its value shall be determined by 2 15 the purchase price paid by the organization or donor. If a 2 16 prize is real property, the department shall conduct a special 2 17 audit to verify compliance with the appropriate requirements 2 18 of this chapter including all of the following requirements: 2 19 (1) The licensee has submitted a real property raffle 2 20 license application and a fee of one hundred dollars to the 2 21 department, has been issued a license, and prominently 2 22 displays the license at the drawing area of the raffle. 2 23 (2) The real property was acquired by gift or donation or 2 24 has been owned by the licensee for a period of at least five 2 25 years. 2 26 (3) All other requirements of this section and section 2 27 99B.2 are met. 2 28 (4) Receipts from the raffle are kept in a separate 2 29 financial account. 2 30 (5) A cumulative report for the raffle on a form 2 31 determined by the department and one percent of gross receipts 2 32 are submitted to the department within sixty days of the 2 33 raffle drawing. The one percent of the gross receipts shall 2 34 be retained by the department to pay for the cost of the 2 35 special audit. 3 1 Sec. 4. Section 99B.7, subsection 1, paragraph e, Code 3 2 2001, is amended by striking the paragraph and inserting in 3 3 lieu thereof the following: 3 4 e. The ticket price including any discounts for each game 3 5 or raffle shall be the same for each participant. 3 6 Sec. 5. Section 99B.7, subsection 1, paragraph l, 3 7 subparagraph (2), Code 2001, is amended by striking the 3 8 subparagraph and inserting in lieu thereof the following: 3 9 (2) A ticket, coupon, or card shall not be used as a door 3 10 prize or given to a participant of a raffle, game of bingo, or 3 11 game of chance if the use of the ticket, coupon, or card would 3 12 change the odds of winning for participants of the raffle, 3 13 game of bingo, or game of chance. 3 14 Sec. 6. Section 99B.7, subsection 1, paragraph m, 3 15 subparagraph (1), Code 2001, is amended to read as follows: 3 16 (1) The organization iseligible for exemptionexempt from 3 17 federal income taxes under section 501(c)(3), 501(c)(4), 3 18 501(c)(5), 501(c)(6), 501(c)(7), 501(c)(8), 501(c)(10), or 3 19 501(c)(19) of the Internal Revenue Code as defined in section 3 20 422.3, the organization is an agency or instrumentality of the 3 21 United States government, this state, or a political 3 22 subdivision of this state, or, in lieu ofeligibility foran 3 23 exemption from federal income taxes, the organization is a 3 24 parent-teacher organization or booster club that is recognized 3 25 as a fund-raiser and supporter for a school district organized 3 26 pursuant to chapter 274 or for a school within the school 3 27 district, in a notarized letter signed by the president of the 3 28 board of directors, the superintendent of the school district, 3 29 or a principal of a school within that school district. 3 30 Sec. 7. Section 99B.7, subsection 1, paragraph o, Code 3 31 2001, is amended to read as follows: 3 32 o. Except as provided in subsection67, paragraph "a", a 3 33 person shall not conduct, promote, administer, or assist in 3 34 the conducting, promoting or administering of a bingo 3 35 occasion, unless the person regularly participates in 4 1 activities of the qualified organization other than conducting 4 2 bingo occasions or participates in an educational, civic, 4 3 public, charitable, patriotic, or religious organization to 4 4 which the net receipts are dedicated by the qualified 4 5 organization. 4 6 Sec. 8. Section 99B.7, subsection 1, paragraphs q and r, 4 7 Code 2001, are amended by striking the paragraphs. 4 8 Sec. 9. Section 99B.7, subsection 3, paragraph a, Code 4 9 2001, is amended to read as follows: 4 10 a. A person wishing to conduct games and raffles pursuant 4 11 to this section as a qualified organization shall submit an 4 12 application and a license fee of one hundred fifty dollars. 4 13 The annual license fee for a statewide raffle license shall be 4 14 one hundred fifty dollars. However, upon submission of an 4 15 application accompanied by a license fee of fifteen dollars, a 4 16 person may be issued a limited license to conduct all games 4 17 and raffles pursuant to this section at a specified location 4 18 and during a specified period of fourteen consecutive calendar 4 19 days. In addition, a qualified organization may be issued a 4 20 limited license to conduct raffles pursuant to this section 4 21 for a period of ninety days for a license fee of forty dollars 4 22 or for a period of one hundred eighty days for a license fee 4 23 of seventy-five dollars.A limited license shall not be4 24issued more than once during any calendar year to the same4 25person, or for the same location.For the purposes of this 4 26 paragraph, a limited license is deemed to be issued on the 4 27 first day of the period for which the license is issued. 4 28 Sec. 10. Section 99B.7, subsection 7, paragraphs a and c, 4 29 Code 2001, are amended by striking the paragraphs. 4 30 Sec. 11. Section 99B.8, subsection 1, paragraphs c and e, 4 31 Code 2001, are amended to read as follows: 4 32 c. No participant pays any consideration of any nature, 4 33 either directly or indirectly, to participate in the gamesor4 34raffles. 4 35 e. The person conducting the gameor rafflereceives no 5 1 consideration, either directly or indirectly, other than good 5 2 will. 5 3 Sec. 12. Section 99B.8, subsections 2 and 5, Code 2001, 5 4 are amended to read as follows: 5 5 2. The other provisions of this section notwithstanding, 5 6 if the gamesor rafflesare conducted by a qualified 5 7 organization also licensed under section 99B.7, the sponsor 5 8 may charge an entrance fee or a fee to participate in the 5 9 gamesor raffles, and participants may wager their own funds 5 10 and pay an entrance or other fee for participation, provided 5 11 that a participant may not expend more than a total of two 5 12 hundred fifty dollars for all fees and wagers. The provisions 5 13 of section 99B.7, subsection 3, paragraphs "b" and "c", shall 5 14 apply to gamesand rafflesconducted by a qualified 5 15 organization pursuant to this section. 5 16 5. However, notwithstanding subsection 1, paragraphs "b" 5 17 and "c", if the gamesor rafflesare conducted by a qualified 5 18 organization issued a license pursuant to subsection 3, the 5 19 sponsor may charge an entrance fee to a participant and the 5 20 sponsor need not have a bona fide social relationship with the 5 21 participant. 5 22 Sec. 13. Section 99B.11, subsection 2, paragraph a, Code 5 23 2001, is amended to read as follows: 5 24 a. Athletic or sporting contests, leagues or tournaments, 5 25 rodeos, horse shows, golf, bowling, trap or skeet shoots, fly 5 26 casting, tractor pulling, rifle, pistol, musket, muzzle- 5 27 loader, pool, darts, archery and horseshoe contests, leagues 5 28 or tournaments. 5 29 Sec. 14. Section 99B.12, subsection 2, paragraph a, Code 5 30 2001, is amended to read as follows: 5 31 a. Card and parlor games, including but not limited to 5 32 poker, pinochle, pitch, gin rummy, bridge, euchre, hearts, 5 33 cribbage, dominoes, checkers, chess, backgammon, pool and 5 34 darts. However, it shall be unlawful gambling for any person 5 35 to engage in bookmaking, or to play any punchboard, pushcard, 6 1 pull-tab or slot machine, or to play craps, chuck-a-luck, 6 2 roulette, klondike, blackjack, chemin de fer, baccarat, faro, 6 3 equality, three-card monte or any other game, except poker, 6 4 which is customarily played in gambling casinos and in which 6 5 the house customarily provides a banker, dealer or croupier to 6 6 operate the game, or a specially designed table upon which to 6 7 play same. 6 8 Sec. 15. Section 99B.18, unnumbered paragraph 1, Code 6 9 2001, is amended to read as follows: 6 10 Games of skill, games of chance, and card gamesand raffles6 11 may be conducted on premises either licensed or unlicensed and 6 12 no license fee shall be requiredtherefor providedif a bona 6 13 fide social, employment, trade or professional association 6 14 relationship exists between the sponsors and the participants 6 15 and the participants pay no consideration of any nature, 6 16 either directly or indirectly, to participate in the gamesor6 17raffles, and only play money or other items of no intrinsic 6 18 value which may be wagered are provided to the participant 6 19 free, and the sponsor conducting the gameor rafflereceives 6 20 no consideration, either directly or indirectly, other than 6 21 goodwill. 6 22 6 23 6 24 6 25 BRENT SIEGRIST 6 26 Speaker of the House 6 27 6 28 6 29 6 30 MARY E. KRAMER 6 31 President of the Senate 6 32 6 33 I hereby certify that this bill originated in the House and 6 34 is known as House File 2109, Seventy-ninth General Assembly. 6 35 7 1 7 2 7 3 MARGARET THOMSON 7 4 Chief Clerk of the House 7 5 Approved , 2002 7 6 7 7 7 8 7 9 THOMAS J. VILSACK 7 10 Governor
Text: HF02108 Text: HF02110 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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