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PAG LIN
1 1 Section 1. Section 99F.6, subsection 4, paragraph a, Code
1 2 2001, is amended to read as follows:
1 3 a. Before a license is granted, the division of criminal
1 4 investigation of the department of public safety shall conduct
1 5 a thorough background investigation of the applicant for a
1 6 license to operate a gambling game operation on an excursion
1 7 gambling boat. The applicant shall provide information on a
1 8 form as required by the division of criminal investigation. A
1 9 qualified sponsoring organization licensed to operate gambling
1 10 games under this chapter shall distribute the receipts of all
1 11 gambling games, less reasonable expenses, charges, taxes,
1 12 fees, and deductions allowed under this chapter, as winnings
1 13 to players or participants or shall distribute the receipts
1 14 for educational, civic, public, charitable, patriotic, or
1 15 religious uses as defined in section 99B.7, subsection 3,
1 16 paragraph "b". However, if a licensee who is also licensed to
1 17 conduct pari-mutuel wagering at a horse racetrack has unpaid
1 18 debt from the pari-mutuel racetrack operations, the first
1 19 receipts of the gambling games operated within the racetrack
1 20 enclosure less reasonable operating expenses, taxes, and fees
1 21 allowed under this chapter shall be first used to pay the
1 22 annual indebtedness. The commission shall authorize, subject
1 23 to the debt payments for horse racetracks and the provisions
1 24 of paragraph "b" for dog racetracks, a licensee who is also
1 25 licensed to conduct pari-mutuel dog or horse racing to use
1 26 receipts from gambling games within the racetrack enclosure to
1 27 supplement purses for races particularly for Iowa-bred horses
1 28 pursuant to an agreement which shall be negotiated between the
1 29 licensee and representatives of the dog or horse owners. If
1 30 an agreement to use receipts from gambling games for purses
1 31 and supplements for horse racing exists on July 1, 2002, the
1 32 agreement shall remain in effect until its termination and,
1 33 thereafter, the annual subsidy from gambling game receipts
1 34 used for the purses and supplements for horse racing in an
1 35 agreement shall not exceed seven million dollars plus the
2 1 amount wagered on live horse races held at the racetrack
2 2 enclosure during the preceding calendar year. Any annual
2 3 decrease in subsidy to a licensee resulting from an agreement
2 4 regarding gambling game receipts used for purses and
2 5 supplements for horse racing entered into after July 1, 2002,
2 6 shall be distributed for educational, civic, public,
2 7 charitable, patriotic, or religious uses as otherwise provided
2 8 in this paragraph. A qualified sponsoring organization shall
2 9 not make a contribution to a candidate, political committee,
2 10 candidate's committee, state statutory political committee,
2 11 county statutory political committee, national political
2 12 party, or fund-raising event as these terms are defined in
2 13 section 56.2. The membership of the board of directors of a
2 14 qualified sponsoring organization shall represent a broad
2 15 interest of the communities.
2 16 Sec. 2. NEW SECTION. 99F.7A PARI-MUTUEL HORSE RACETRACK
2 17 ENCLOSURE – GOVERNING BOARD.
2 18 1. a. Notwithstanding section 99D.9 or 99F.4A, if the
2 19 proposition to operate gambling games at a horse racetrack
2 20 enclosure is approved by the county electorate pursuant to
2 21 section 99F.7, subsection 10, paragraph "d", at the general
2 22 election held in 2002, the commission shall transfer the pari-
2 23 mutuel wagering and gambling game licenses at the horse
2 24 racetrack enclosure to a board of directors consisting of the
2 25 following members:
2 26 (1) The members of the board of supervisors of the county
2 27 in which the horse racetrack enclosure is located or their
2 28 designees. If a member of the board of supervisors elects not
2 29 to serve, the board of supervisors shall select a designee. A
2 30 designee shall serve at the pleasure of the board of
2 31 supervisors.
2 32 (2) A member of the city council of the six most populous
2 33 cities located in the county in which the horse racetrack
2 34 enclosure is located or a designee. A city council may select
2 35 a designee in lieu of a council member and the designee shall
3 1 serve at the council's pleasure.
3 2 (3) A member of a city council of a city other than the
3 3 six most populous cities located in the county in which the
3 4 horse racetrack enclosure is located or a designee. The
3 5 council member or a designee shall be selected by a conference
3 6 of all city council members from the affected cities. The
3 7 date, time, and location of a conference shall be determined
3 8 by the mayor of the most populous city of the affected cities.
3 9 The mayor shall give notice of a conference to the city clerk
3 10 of each affected city at least fourteen days before the date
3 11 of the conference. A selected designee shall serve at the
3 12 conference's pleasure.
3 13 (4) A member appointed by the governing body of the united
3 14 way of central Iowa.
3 15 (5) A member appointed by the governing body of the Polk-
3 16 Des Moines taxpayers' association.
3 17 (6) A member appointed by the governing body of the south
3 18 central Iowa federation of labor.
3 19 (7) A member appointed by the governing body of the
3 20 greater Des Moines partnership.
3 21 (8) A member appointed by the governing body of the
3 22 greater Des Moines community foundation.
3 23 (9) An owner of a race horse appointed by the other
3 24 members of the board of directors.
3 25 b. A member of the board of directors other than a
3 26 designee or county supervisor shall be appointed to a three-
3 27 year term of office and shall serve not more than two
3 28 consecutive terms. A vacancy on the board of directors shall
3 29 be filled in the same manner as the predecessor was selected.
3 30 c. If an organization or association appointing a member
3 31 of the board of directors pursuant to paragraph "a",
3 32 subparagraphs (4) through (8) ceases to exist, the remaining
3 33 members of the board of directors shall appoint a successor
3 34 who is an eligible elector of the county to represent the
3 35 public at large.
4 1 2. The board of directors created pursuant to subsection 1
4 2 shall organize annually by the election of a chairperson, vice
4 3 chairperson, and other officers as deemed necessary from among
4 4 its members. The initial meeting of the board shall be called
4 5 by the chairperson of the board of supervisors. The board
4 6 shall adopt rules of procedure and take actions as may be
4 7 reasonable or appropriate to supervise and administer the
4 8 gambling game operations of the racetrack enclosure.
4 9 Sec. 3. Section 99F.11, unnumbered paragraph 1, Code 2001,
4 10 is amended to read as follows:
4 11 A tax is imposed on the adjusted gross receipts received
4 12 annually from gambling games authorized under this chapter at
4 13 the rate of five percent on the first one million dollars of
4 14 adjusted gross receipts, at the rate of ten percent on the
4 15 next two million dollars of adjusted gross receipts, and at
4 16 the rate of twenty percent on any amount of adjusted gross
4 17 receipts over three million dollars. However, beginning
4 18 January 1, 1997, the rate on any amount of adjusted gross
4 19 receipts over three million dollars from gambling games at
4 20 racetrack enclosures is twenty-two percent and shall increase
4 21 by two percent each succeeding calendar year until the rate is
4 22 thirty-six percent. However, at racetrack enclosures at which
4 23 the total amount of adjusted gross receipts from gambling
4 24 games annually is not more than seventy million dollars, the
4 25 tax rate on the amount of adjusted gross receipts over three
4 26 million dollars from gambling games is the rate which was in
4 27 effect on December 31, 2001. The taxes imposed by this
4 28 section shall be paid by the licensee to the treasurer of
4 29 state within ten days after the close of the day when the
4 30 wagers were made and shall be distributed as follows:
4 31 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
4 32 immediate importance, takes effect upon enactment and the tax
4 33 rate change in section 3 of this Act applies on and after the
4 34 effective date of this Act.
4 35 EXPLANATION
5 1 This bill relates to agreements to use gambling game
5 2 receipts for purses and supplements for horse races and
5 3 creates a board of directors for the licensee of the horse
5 4 racetrack enclosure in Polk county.
5 5 The bill provides that any agreement to use gambling game
5 6 receipts for purses and supplements for horse racing which is
5 7 entered into after July 1, 2002, shall not exceed $7 million
5 8 annually plus the amount wagered on live horse races held at
5 9 the racetrack enclosure for the preceding calendar year.
5 10 The bill also provides that if an agreement relating to
5 11 such receipts used for purses and supplements for horse racing
5 12 which is entered into after July 1, 2002, results in an annual
5 13 reduction in subsidy to the licensee, the savings shall be
5 14 distributed for educational, civic, public, charitable,
5 15 patriotic, or religious uses.
5 16 The bill also provides that if the continuation of gambling
5 17 games is approved at the general election in 2002, the state
5 18 racing and gaming commission shall transfer the pari-mutuel
5 19 wagering and gambling game licenses at the horse racetrack
5 20 enclosure to a board of directors composed of elected county
5 21 and city officials, representatives of labor, a taxpayer
5 22 association, united way, other organizations which are
5 23 potential recipients of gambling profits, and a race horse
5 24 owner. The board of directors include members of the board of
5 25 supervisors of Polk county or their designees, a city council
5 26 member or designee from each of the six largest cities in Polk
5 27 county, a city council member or designee from one of the
5 28 remaining cities in Polk county, one member appointed by each
5 29 of the following organizations, including united way of
5 30 central Iowa, the Polk-Des Moines taxpayers' association,
5 31 south central Iowa federation of labor, greater Des Moines
5 32 partnership, and greater Des Moines community foundation, and
5 33 the owner of a race horse. If a designee is appointed in lieu
5 34 of a supervisor or city council member, the designee shall be
5 35 selected by all of the affected supervisors or city council
6 1 members and the designee shall serve at the pleasure of the
6 2 appointing board or council. A member of the board of
6 3 directors other than a designee or county supervisor shall be
6 4 appointed to a three-year term of office and shall serve not
6 5 more than two consecutive terms.
6 6 If an organization or association appointing a member of
6 7 the board of directors ceases to exist, the remaining member
6 8 of the board of directors shall appoint a successor who is an
6 9 eligible elector of Polk county to represent the public at
6 10 large.
6 11 The board of directors is to organize annually by electing
6 12 officers as deemed necessary. The board of directors shall
6 13 adopt rules of procedure and take actions as may be reasonable
6 14 or appropriate to supervise and administer the gambling game
6 15 operations of the racetrack enclosure.
6 16 The bill also provides that the tax rate which was in
6 17 effect on December 31, 2001, shall be levied on the adjusted
6 18 gross receipts from gambling games between $3 million and $70
6 19 million at racetrack enclosures at which the total adjusted
6 20 gross receipts received from gambling games annually is not
6 21 more than $70 million. The tax rate on the adjusted gross
6 22 receipts over $3 million from gambling games at racetrack
6 23 enclosures was 30 percent for the calendar year ending
6 24 December 31, 2001.
6 25 The bill takes effect upon enactment and the tax rate
6 26 change in Code section 99F.11 as amended by this bill applies
6 27 on and after the effective date after this Act.
6 28 LSB 7095SV 79
6 29 tj/cls/14
Text: SF02326 Text: SF02328 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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