Text: H08071 Text: H08073 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2302 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 15E.311 COMMUNITY 1 5 ENDOWMENT FUND. 1 6 1. A community endowment fund is created in the 1 7 state treasury under the control of the department of 1 8 revenue. The fund consists of all moneys appropriated 1 9 to the fund. Moneys in the fund shall be distributed 1 10 by the department as provided in this section. 1 11 2. At the end of each fiscal year, moneys in the 1 12 fund shall be transferred into separate accounts 1 13 within the fund and designated for use by each county 1 14 in which no licensee authorized to conduct gambling 1 15 games under chapter 99F was located during that fiscal 1 16 year. Moneys transferred to county accounts shall be 1 17 divided equally among the counties. Moneys 1 18 transferred into an account for a county shall be 1 19 transferred by the department to an eligible community 1 20 foundation for that county. Of the moneys 1 21 transferred, an eligible community foundation shall 1 22 distribute eighty percent of the moneys as grants to 1 23 recipients in that county and shall retain twenty 1 24 percent of the moneys for use as an endowment for that 1 25 foundation. If a county does not have an eligible 1 26 community foundation, moneys in the account for that 1 27 county shall remain in that account until an eligible 1 28 community foundation for that county is established. 1 29 For purposes of this subsection, an "eligible 1 30 community foundation" means a qualified community 1 31 foundation, as defined in section 15E.303, that is 1 32 designated by the board, as defined in section 1 33 15E.303, to receive moneys from an account created in 1 34 this section for a particular county. 1 35 3. Notwithstanding section 12C.7, subsection 2, 1 36 interest or earnings on moneys deposited in the 1 37 community endowment fund shall be credited to the 1 38 community endowment fund. Notwithstanding section 1 39 8.33, moneys credited to the community endowment fund 1 40 shall not revert at the close of a fiscal year. 1 41 Sec. 2. Section 99D.2, subsection 8, Code 2003, is 1 42 amended to read as follows: 1 43 8. "Racetrack enclosure" means all real property 1 44 utilized for the conduct of a race meeting, including 1 45 the racetrack, grandstand,clubhouse, turf club or1 46other areas of a licensed racetrack which a person may1 47enter only upon payment of an admission fee, or upon1 48payment by another, at any time, based upon the1 49person's admittance, or upon presentation of1 50authorized credentials. "Racetrack enclosure" also2 1meansconcession stands, offices, barns, kennels and 2 2 barn areas, employee housing facilities, parking lots, 2 3 and any additional areas designated by the commission. 2 4 Sec. 3. Section 99D.2, Code 2003, is amended by 2 5 adding the following new subsection: 2 6 NEW SUBSECTION. 9. "Wagering area" means that 2 7 portion of a racetrack in which a licensee may receive 2 8 wagers of money from a person present in a licensed 2 9 racing enclosure on a horse or dog in a race selected 2 10 by the person making the wager as designated by the 2 11 commission. 2 12 Sec. 4. Section 99D.5, subsections 1, 2, 3, and 4, 2 13 Code 2003, are amended to read as follows: 2 14 1. A state racing and gaming commission is created 2 15 within the department of inspections and appeals 2 16 consisting of nine members, including five voting 2 17 memberswhoand four nonvoting members. 2 18 a. The voting members of the commission shall be 2 19 appointed by the governor subject to confirmation by 2 20 the senate, andwhoshall serve not to exceed a three- 2 21 year term at the pleasure of the governor. The term 2 22 of each voting member shall begin and end as provided 2 23 in section 69.19. 2 24 b. The nonvoting members of the commission shall 2 25 be two state representatives, one appointed by the 2 26 speaker of the house of representatives and one by the 2 27 minority leader of the house of representatives, and 2 28 two state senators, one appointed by the majority 2 29 leader of the senate and one by the minority leader of 2 30 the senate. 2 31 2. A vacancy of a voting member on the commission 2 32 shall be filled as provided in section 2.32. 2 33 3. Not more than three voting members of the 2 34 commission shall belong to the same political party. 2 35 A member of the commission shall not have a financial 2 36 interest in a racetrack. 2 37 4. a.CommissionThe voting members of the 2 38 commission are each entitled to receive an annual 2 39 salary of six thousand dollars.MembersVoting 2 40 members shall also be reimbursed for actual expenses 2 41 incurred in the performance of their duties to a 2 42 maximum of thirty thousand dollars per year for the 2 43 commission. Each voting member shallpost a bond in2 44the amount of ten thousand dollars, with sureties to2 45be approved by the governor, to guarantee the proper2 46handling and accounting of moneys and other properties2 47required in the administration of this chapter. The2 48premiums on the bonds shall be paid as other expenses2 49of the commissionbe covered by the blanket surety 2 50 bond of the state purchased pursuant to section 3 1 8A.321, subsection 12. 3 2 b. Legislative members shall be paid the per diem 3 3 and expenses specified in section 2.10 for each day of 3 4 service. The per diem and expenses of the legislative 3 5 members shall be paid from funds appropriated under 3 6 section 2.12. 3 7 Sec. 5. Section 99D.6, Code 2003, is amended to 3 8 read as follows: 3 9 99D.6 CHAIRPERSON – ADMINISTRATOR – EMPLOYEES – 3 10 DUTIES – BOND. 3 11 The commission shall elect in July of each year one 3 12 of its voting members as chairperson for the 3 13 succeeding year. The commission shall appoint an 3 14 administrator of the commission subject to 3 15 confirmation by the senate. The administrator shall 3 16 serve a four-year term. The term shall begin and end 3 17 in the same manner as set forth in section 69.19. A 3 18 vacancy shall be filled for the unexpired portion of 3 19 the term in the same manner as a full-term appointment 3 20 is made. The administrator may hire other assistants 3 21 and employees as necessary to carry out the 3 22 commission's duties. Employees in the positions of 3 23 equine veterinarian, canine veterinarian, and equine 3 24 steward shall be exempt from the merit system 3 25 provisions of chapter 8A, subchapter IV, and shall not 3 26 be covered by a collective bargaining agreement. Some 3 27 or all of the information required of applicants in 3 28 section 99D.8A, subsections 1 and 2, may also be 3 29 required of employees of the commission if the 3 30 commission deems it necessary. The administrator 3 31 shall keep a record of the proceedings of the 3 32 commission, and preserve the books, records, and 3 33 documents entrusted to the administrator's care. The 3 34commission shall require theadministratorto post a3 35bond in a sum it may fix, conditioned upon the3 36faithful performance of the administrator's duties3 37 shall be covered by the blanket surety bond of the 3 38 state purchased pursuant to section 8A.321, subsection 3 39 12. Subject to the approval of the governor, the 3 40 commission shall fix the compensation of the 3 41 administrator within the salary range as set by the 3 42 general assembly. The commission shall have its 3 43 headquarters in the city of Des Moines, and shall meet 3 44 in July of each year and at other times and places as 3 45 it finds necessary for the discharge of its duties. 3 46 Sec. 6. Section 99D.7, subsection 8, Code 2003, is 3 47 amended to read as follows: 3 48 8. To investigate alleged violations of this 3 49 chapter or the commission rules, orders, or final 3 50 decisions and to take appropriate disciplinary action 4 1 against a licensee or a holder of an occupational 4 2 license for the violation, or institute appropriate 4 3 legal action for enforcement, or both. Information 4 4 gathered during an investigation is confidential 4 5 during the pendency of the investigation. Decisions 4 6 by the commission are final agency actions pursuant to 4 7 chapter 17A. 4 8 Sec. 7. Section 99D.7, subsection 19, Code 2003, 4 9 is amended to read as follows: 4 10 19. To require licensees to indicate in their 4 11 racing programs those horses which are treated with 4 12 the legal medicationlasixfurosemide or 4 13 phenylbutazone. The program shall also indicate if it 4 14 is the first or subsequent time that a horse is racing 4 15 withlasixfurosemide, or if the horse has previously 4 16 raced withlasixfurosemide and the present race is 4 17 the first race for the horse withoutlasixfurosemide 4 18 following its use. 4 19 Sec. 8. Section 99D.7, Code 2003, is amended by 4 20 adding the following new subsection: 4 21 NEW SUBSECTION. 23. To require licensees to 4 22 establish a process to allow a person to be 4 23 voluntarily excluded for life from a racetrack 4 24 enclosure and all other licensed facilities under this 4 25 chapter and chapter 99F. The process established 4 26 shall require that a licensee disseminate information 4 27 regarding persons voluntarily excluded to all 4 28 licensees under this chapter and chapter 99F. The 4 29 state and any licensee under this chapter or chapter 4 30 99F shall not be liable to any person for any claim 4 31 which may arise from this process. In addition to any 4 32 other penalty provided by law, any money or thing of 4 33 value that has been obtained by, or is owed to, a 4 34 voluntarily excluded person by a licensee as a result 4 35 of wagers made by the person after the person has been 4 36 voluntarily excluded shall not be paid to the person 4 37 but shall be deposited into the gambling treatment 4 38 fund created in section 135.150. 4 39 Sec. 9. Section 99D.9, subsections 1 and 2, Code 4 40 2003, are amended to read as follows: 4 41 1. If the commission is satisfied that its rules 4 42 and sections 99D.8 through 99D.25 applicable to 4 43 licensees have been or will be complied with, it may 4 44 issue a license for a period of not more than three 4 45 years. The commission may decide which types of 4 46 racing it will permit. The commission may permit dog 4 47 racing, horse racing of various types, or both dog and 4 48 horse racing. The commission shall decide the number, 4 49 location, and type of all racetracks licensed under 4 50 this chapter. The license shall set forth the name of 5 1 the licensee, the type of license granted, the place 5 2 where the race meeting is to be held, and the time and 5 3 number of days during which racing may be conducted by 5 4 the licensee.The commission shall not approve the5 5licenses for racetracks in Dubuque county and Black5 6Hawk county if the proposed racing schedules of the5 7two tracks conflict.The commission shall not approve 5 8 a license application if any part of the racetrack is 5 9 to be constructed on prime farmland outside the city 5 10 limits of an incorporated city. As used in this 5 11 subsection, "prime farmland" means as defined by the 5 12 United States department of agriculture in 7 C.F.R. 5 13sec.} 657.5(a). A license is not transferable or 5 14 assignable. The commission may revoke any license 5 15 issued for good cause upon reasonable notice and 5 16 hearing. The commission shall conduct a neighborhood 5 17 impact study to determine the impact of granting a 5 18 license on the quality of life in neighborhoods 5 19 adjacent to the proposed racetrack facility. The 5 20 applicant for the license shall reimburse the 5 21 commission for the costs incurred in making the study. 5 22 A copy of the study shall be retained on file with the 5 23 commission and shall be a public record. The study 5 24 shall be completed before the commission may issue a 5 25 license for the proposed facility. 5 26 2. A license shall only be granted to a nonprofit 5 27 corporation or association upon the express condition 5 28 that:5 29a. Thethe nonprofit corporation or association 5 30 shall not, by a lease, contract, understanding, or 5 31 arrangement of any kind, grant, assign, or turn over 5 32 to a person the operation of a race meeting licensed 5 33 under this section or of the pari-mutuel system of 5 34 wagering described in section 99D.11. This section 5 35 does not prohibit a management contract approved by 5 36 the commission. 5 37b. The nonprofit corporation shall not in any5 38manner permit a person other than the licensee to have5 39a share, percentage, or proportion of the money5 40received for admissions to the race or race meeting.5 41 Sec. 10. Section 99D.9, subsection 6, Code 2003, 5 42 is amended to read as follows: 5 43 6. (1) A licenseemayshall not loan to any 5 44 person money or any other thing of value for the 5 45 purpose of permitting that person to wager on any 5 46 race. 5 47 (2) A licensee shall not permit a financial 5 48 institution, vendor, or other person to dispense cash 5 49 or credit through an electronic or mechanical device 5 50 including but not limited to a satellite terminal as 6 1 defined in section 527.2, that is located on the 6 2 licensed premises. 6 3 Sec. 11. NEW SECTION. 99D.9A MORATORIUM. 6 4 The commission shall not issue a license to conduct 6 5 pari-mutuel wagering at a racetrack pursuant to this 6 6 chapter as provided in section 99F.4C. 6 7 Sec. 12. Section 99D.11, subsection 7, Code 2003, 6 8 is amended to read as follows: 6 9 7. A person under the age of twenty-one years 6 10 shall not make or attempt to make a pari-mutuel wager. 6 11 A person who violates this subsection commits a 6 12 scheduled violation under section 805.8C, subsection 6 13 4. 6 14 Sec. 13. Section 99D.14, subsection 2, Code 2003, 6 15 is amended by striking the subsection and inserting in 6 16 lieu thereof the following: 6 17 2. A licensee shall pay a regulatory fee to be 6 18 charged as provided in this section. In determining 6 19 the regulatory fee to be charged as provided under 6 20 this section, the commission shall use the amount 6 21 appropriated to the commission plus the cost of 6 22 salaries for no more than two special agents for each 6 23 racetrack, plus any direct and indirect support costs 6 24 for the agents, for the division of criminal 6 25 investigation's racetrack activities, as the basis for 6 26 determining the amount of revenue to be raised from 6 27 the regulatory fee. 6 28 Sec. 14. Section 99D.14, subsection 7, Code 2003, 6 29 is amended by striking the subsection. 6 30 Sec. 15. Section 99D.15, subsection 3, paragraph 6 31 d, Code 2003, is amended by striking the paragraph. 6 32 Sec. 16. Section 99D.15, Code 2003, is amended by 6 33 adding the following new subsection: 6 34 NEW SUBSECTION. 5. An amount equal to one-half of 6 35 one percent of the gross sum wagered by the pari- 6 36 mutuel method shall be deposited into the gambling 6 37 treatment fund created in section 135.150 from the tax 6 38 revenue received by the commission pursuant to 6 39 subsections 1, 3, and 4. 6 40 Sec. 17. Section 99D.19, Code 2003, is amended to 6 41 read as follows: 6 42 99D.19 HORSE OR DOG RACING – LICENSEES – RECORDS 6 43 – REPORTS – SUPERVISION. 6 44 1. A licensee shall keep its books and records so 6 45 as to clearly show the following: 6 461.a. The total number of admissionsto races6 47conducted by it on each racing day, including the6 48number of admissions upon free passes or complimentary6 49ticketsfor each day of operation. 6 502.b.The amount received daily from admission7 1fees.7 23.The total amount of money wageredduring the7 3race meetfor each day of operation. 7 4 2. The licensee shall furnish to the commission 7 5 reports and information as the commission may require 7 6 with respect to its activities. The commission may 7 7 designate a representative to attend a licensed race 7 8 meeting, who shall have full access to all places 7 9 within the enclosure of the meeting and who shall 7 10 supervise and check the admissions. The compensation 7 11 of the representative shall be fixed by the commission 7 12 but shall be paid by the licensee. 7 13 Sec. 18. Section 99D.23, subsection 1, Code 2003, 7 14 is amended to read as follows: 7 15 1. The commission shall employ one or more 7 16 chemists or contract with a qualified chemical 7 17 laboratory to determine by chemical testing and 7 18 analysis of saliva, urine, blood, or other excretions 7 19 or body fluids whether a substance or drug has been 7 20 introduced which may affect the outcome of a race or 7 21 whether an action has been taken or a substance or 7 22 drug has been introduced which may interfere with the 7 23 testing procedure. The commission shall adopt rules 7 24 under chapter 17A concerning procedures and actions 7 25 taken on positive drug reports. The commission may 7 26 adopt by referencethe standards of the national7 27association of state racing commissioners, the7 28association of official racing chemists, and New York7 29jockey club, or the United States trotting7 30association,nationally recognized standards as 7 31 determined by the commission or may adopt any other 7 32 procedure or standard. The commission has the 7 33 authority to retain and preserve by freezing, test 7 34 samples for future analysis. 7 35 Sec. 19. Section 99D.25, subsection 1, paragraph 7 36 a, Code 2003, is amended to read as follows: 7 37 a. "Drugging" means administering to a horse or 7 38 dog any substance foreign to the natural horse or dog 7 39 prior to the start of a race. However, in counties 7 40 with a population of two hundred fifty thousand or 7 41 more, "drugging" does not include administering to a 7 42 horse the drugslasixfurosemide and phenylbutazone in 7 43 accordance with section 99D.25A and rules adopted by 7 44 the commission. 7 45 Sec. 20. Section 99D.25, subsection 5, Code 2003, 7 46 is amended to read as follows: 7 47 5. Every horse which suffers a breakdown on the 7 48 racetrack, in training, or in competition, and is 7 49 destroyed, and every other horse which expires while 7 50 stabled on the racetrack under the jurisdiction of the 8 1 commission, shall undergo a postmortem examination by 8 2 a veterinarian or a veterinary pathologist at a time 8 3 and place acceptable to the commission veterinarian to 8 4 determine the injury or sickness which resulted in 8 5 euthanasia or natural death.The postmortem8 6examination shall be conducted by a veterinarian8 7employed by the owner or the owner's trainer in the8 8presence of and in consultation with the commission8 9veterinarian.Test samples shall be obtained from the 8 10 carcass upon which the postmortem examination is 8 11 conducted and shall be sent to a laboratory approved 8 12 by the commission for testing for foreign substances 8 13 and natural substances at abnormal levels. When 8 14 practical, blood and urine test samples should be 8 15 procured prior to euthanasia. The owner of the 8 16 deceased horse is responsible for payment of any 8 17 charges duethe veterinarian employedto conduct the 8 18 postmortem examination.The services of the8 19commission veterinarian and the laboratory testing of8 20postmortem samples shall be made available by the8 21commission without charge to the owner.A record of 8 22 every postmortem shall be filed with the commission by 8 23 theowner'sveterinarian or veterinary pathologist who 8 24 performed the postmortem within seventy-two hours of 8 25 the deathand shall be submitted on a form supplied by8 26the commission. Each owner and trainer accepts the 8 27 responsibility for the postmortem examination provided 8 28 herein as a requisite for maintaining the occupational 8 29 license issued by the commission. 8 30 Sec. 21. Section 99D.25, subsection 9, Code 2003, 8 31 is amended to read as follows: 8 32 9. The commission shall conduct random tests of 8 33 bodily substances of horses entered to race each day 8 34 of a race meeting to aid in the detection of any 8 35 unlawful drugging. The testsshallmay be conducted 8 36 both prior to and after a race. The commission shall 8 37 also test any horse that breaks down during a race and 8 38 shall perform an autopsy on any horse that is killed 8 39 or subsequently destroyed as a result of an accident 8 40 during a race. 8 41 Sec. 22. Section 99D.25A, subsections 3 through 7, 8 42 Code 2003, are amended to read as follows: 8 43 3. If a horse is to race with phenylbutazone in 8 44 its system, the trainer, or trainer's designee, shall 8 45 be responsible for marking the information on the 8 46 entry blank for each race in which the horse shall use 8 47 phenylbutazone. Changes made after the time of entry 8 48 must be submitted on the prescribed form to the 8 49 commission veterinarian no later than scratch time. 8 50 4. If a test detects concentrations of 9 1 phenylbutazone in the system of a horse in excess of 9 2 the level permitted in this section, the commission 9 3 shall assess a civil penalty against the trainer of at 9 4 least two hundred dollars for the first offense and at 9 5 least five hundred dollars for a second offense. The 9 6 penalty for a third or subsequent offense shall be in 9 7 the discretion of the commission. A penalty assessed 9 8 under this subsection shall not affect the placing of 9 9 the horse in the race. 9 10 5.LasixFurosemide may be administered to 9 11 certified bleeders. Upon request, any horse placed on 9 12 the bleeder list shall, in its next race, be permitted 9 13 the use oflasixfurosemide. Once a horse has raced 9 14 withlasixfurosemide, it must continue to race with 9 15lasixfurosemide in all subsequent races unless a 9 16 request is made to discontinue the use. If the use of 9 17lasixfurosemide is discontinued, the horse shall be 9 18 prohibited from again racing withlasixfurosemide 9 19 unless it is later observed to be bleeding. Requests 9 20 for the use of or discontinuance oflasixfurosemide 9 21 must be made to the commission veterinarian by the 9 22 horse's trainer or assistant trainer on a form 9 23 prescribed by the commission on or before the day of 9 24 entry into the race for which the request is made. 9 25 6. Once a horse has been permitted the use of 9 26lasixfurosemide, the horse must be treated withlasix9 27 furosemide in the horse's stall, unless the commission 9 28 provides that a horse must be brought to the detention 9 29 barn for treatment. After thelasixfurosemide 9 30 treatment, the commission, by rule, may authorize the 9 31 release of the horse from the horse's stall or 9 32 detention barn before the scheduled post time. If a 9 33 horse is brought to the detention barn late, the 9 34 commission shall assess a civil penalty of one hundred 9 35 dollars against the trainer. 9 36 7. A horse entered to race withlasixfurosemide 9 37 must be treated at least four hours prior to post 9 38 time. Thelasixfurosemide shall be administered 9 39 intravenously by a veterinarian employed by the owner 9 40 or trainer of the horse. The commission shall adopt 9 41 rules to ensure thatlasixfurosemide is administered 9 42 as provided in this section. The commission shall 9 43 require that the practicing veterinarian deliver an 9 44 affidavit signed by the veterinarian which certifies 9 45 information regarding the treatment of the horse. The 9 46 affidavit must be delivered to a commission 9 47 veterinarian within twenty minutes following the 9 48 treatment. The statement must at least include the 9 49 name of the practicing veterinarian, the tattoo number 9 50 of the horse, the location of the barn and stall where 10 1 the treatment occurred, the race number of the horse, 10 2 the name of the trainer, and the time that thelasix10 3 furosemide was administered.LasixFurosemide shall 10 4 only be administered in a dose level of two hundred 10 5 fifty milligrams. 10 6 Sec. 23. Section 99F.1, Code Supplement 2003, is 10 7 amended by adding the following new subsection: 10 8 NEW SUBSECTION. 7A. "Excursion boat" means a 10 9 self-propelled, floating vessel that is or has been 10 10 previously certified by the United States coast guard 10 11 for operation as a vessel. 10 12 Sec. 24. Section 99F.1, subsection 8, Code 10 13 Supplement 2003, is amended to read as follows: 10 14 8. "Excursion gambling boat" meansa self-10 15propelledan excursion boat or moored barge on which 10 16 lawful gambling is authorized and licensed as provided 10 17 in this chapter. 10 18 Sec. 25. Section 99F.1, subsection 10, Code 10 19 Supplement 2003, is amended to read as follows: 10 20 10. "Gambling game" means any game of chance 10 21 authorized by the commission. However, for racetrack 10 22 enclosures, "gambling game" does not include table 10 23 games of chance or video machines which simulate table 10 24 games of chance. "Gambling game" does not include 10 25 sports betting. 10 26 Sec. 26. Section 99F.1, Code Supplement 2003, is 10 27 amended by adding the following new subsection: 10 28 NEW SUBSECTION. 10A. "Gaming floor" means that 10 29 portion of an excursion gambling boat or racetrack 10 30 enclosure in which gambling games are conducted as 10 31 designated by the commission. 10 32 Sec. 27. Section 99F.1, subsection 12, Code 10 33 Supplement 2003, is amended to read as follows: 10 34 12. "Holder of occupational license" means a 10 35 person licensed by the commission to perform an 10 36 occupation which the commission has identified as 10 37 requiring a license to engage in the excursion 10 38 gambling boatgamblingindustry in Iowa. 10 39 Sec. 28. Section 99F.1, Code Supplement 2003, is 10 40 amended by adding the following new subsection: 10 41 14A. "Moored barge" means a floating barge or 10 42 vessel that is not self-propelled. 10 43 Sec. 29. Section 99F.1, subsection 16, Code 10 44 Supplement 2003, is amended to read as follows: 10 45 16. "Racetrack enclosure" means all real property 10 46 utilized for the conduct of a race meeting, including 10 47 the racetrack, grandstand,clubhouse, turf club, or10 48other areas of a licensed racetrack which an10 49individual may enter only upon payment of an admission10 50fee, or upon payment by another, at any time, based11 1upon the individual's admittance, or upon presentation11 2of authorized credentials. "Racetrack enclosure" also11 3meansconcession stands, offices, barns, kennels and 11 4 barn areas, employee housing facilities, parking lots, 11 5 and any additional areas designated by the commission. 11 6 Sec. 30. Section 99F.4, subsection 2, Code 2003, 11 7 is amended to read as follows: 11 8 2. To license qualified sponsoring organizations, 11 9 to license the operators of excursion gambling boats, 11 10 to identify occupations within the excursion gambling 11 11 boat operations which require licensing, and to adopt 11 12 standards for licensing the occupations including 11 13 establishing fees for the occupational licenses and 11 14 licenses for qualified sponsoring organizations. The 11 15 fees shall be paid to the commission and deposited in 11 16 the general fund of the state. All revenue received 11 17 by the commission under this chapter from license fees 11 18 andadmissionregulatory fees shall be deposited in 11 19 the general fund of the state and shall be subject to 11 20 the requirements of section 8.60. 11 21 Sec. 31. Section 99F.4, subsection 6, Code 2003, 11 22 is amended to read as follows: 11 23 6. To investigate alleged violations of this 11 24 chapter or the commission rules, orders, or final 11 25 decisions and to take appropriate disciplinary action 11 26 against a licensee or a holder of an occupational 11 27 license for a violation, or institute appropriate 11 28 legal action for enforcement, or both. Information 11 29 gathered during an investigation is confidential 11 30 during the pendency of the investigation. 11 31 Sec. 32. Section 99F.4, subsection 18, Code 2003, 11 32 is amended to read as follows: 11 33 18. To provide for the continuous videotaping of 11 34 all gambling activities on an excursion gambling boat. 11 35 The videotaping shall be performed under guidelines 11 36 set by rule of the division of criminal investigation 11 37 and the rules may require that all or part of the 11 38 original tapes be submitted to the division on a 11 39 timely schedule. 11 40 Sec. 33. Section 99F.4, subsection 20, Code 2003, 11 41 is amended by striking the subsection. 11 42 Sec. 34. Section 99F.4, Code 2003, is amended by 11 43 adding the following new subsections: 11 44 NEW SUBSECTION. 23. To require licensees to 11 45 establish a process to allow a person to be 11 46 voluntarily excluded for life from an excursion 11 47 gambling boat and all other licensed facilities under 11 48 this chapter and chapter 99D. The process established 11 49 shall require that a licensee disseminate information 11 50 regarding persons voluntarily excluded to all 12 1 licensees under this chapter and chapter 99D. The 12 2 state and any licensee under this chapter or chapter 12 3 99D shall not be liable to any person for any claim 12 4 which may arise from this process. In addition to any 12 5 other penalty provided by law, any money or thing of 12 6 value that has been obtained by, or is owed to, a 12 7 voluntarily excluded person by a licensee as a result 12 8 of wagers made by the person after the person has been 12 9 voluntarily excluded shall not be paid to the person 12 10 but shall be deposited into the gambling treatment 12 11 fund created in section 135.150. 12 12 NEW SUBSECTION. 24. To approve a licensee's 12 13 application to operate as a moored barge, an excursion 12 14 boat that will cruise, or an excursion boat that will 12 15 not cruise, as submitted pursuant to section 99F.7. 12 16 NEW SUBSECTION. 25. To conduct a socioeconomic 12 17 study on the impact of gambling on Iowans, every eight 12 18 years beginning in calendar year 2008, and issue a 12 19 report on that study. The commission shall ensure 12 20 that the results of each study are readily accessible 12 21 to the public. 12 22 Sec. 35. Section 99F.4A, subsection 4, Code 2003, 12 23 is amended to read as follows: 12 24 4. The regulatory fee imposed in section 99D.14, 12 25 subsection 2, shall be collectedfor admission tofrom 12 26 a licensee of a racetrack enclosure where gambling 12 27 games are licensed to operate in lieu of theadmission12 28 regulatory fee imposed in section 99F.10. 12 29 Sec. 36. Section 99F.4A, subsection 8, Code 2003, 12 30 is amended by striking the subsection. 12 31 Sec. 37. NEW SECTION. 99F.4C MORATORIUM FOR 12 32 ISSUANCE OF LICENSES FOR GAMBLING GAMES AND PARI- 12 33 MUTUEL WAGERING AND ON THE NUMBER OF GAMBLING GAMES OR 12 34 SLOT MACHINES. 12 35 1. Commencing with the effective date of this 12 36 section of this Act, the commission shall not issue a 12 37 license to conduct pari-mutuel wagering at a racetrack 12 38 pursuant to chapter 99D or to conduct gambling games 12 39 on an excursion boat or at a pari-mutuel racetrack 12 40 pursuant to this chapter. 12 41 2. Commencing with the effective date of this 12 42 section of this Act, the commission shall not 12 43 authorize any of the following: 12 44 a. An increase in the number of gambling games or 12 45 the number of slot machines on an excursion gambling 12 46 boat. 12 47 b. An increase in the number of slot machines at a 12 48 pari-mutuel racetrack. 12 49 3. This section does not affect the validity of a 12 50 license issued by the commission pursuant to chapter 13 1 99D or this chapter before the effective date of this 13 2 section of this Act or the authority of the commission 13 3 to suspend, revoke, transfer, or renew a license 13 4 issued before the effective date of this section of 13 5 this Act pursuant to chapter 99D or this chapter. 13 6 Sec. 38. Section 99F.5, subsection 1, Code 2003, 13 7 is amended to read as follows: 13 8 1. A qualified sponsoring organization may apply 13 9 to the commission for a license to conduct gambling 13 10 games on an excursion gambling boat as provided in 13 11 this chapter. A person may apply to the commission 13 12 for a license to operate an excursion gambling boat. 13 13 An operating agreement entered into on or after the 13 14 effective date of this section of this Act between a 13 15 qualified sponsoring organization and an operator 13 16 shall provide for a minimum distribution by the 13 17 qualified sponsoring organization for educational, 13 18 civic, public, charitable, patriotic, or religious 13 19 uses as defined in section 99B.7, subsection 3, 13 20 paragraph "b", that averages at least three percent of 13 21 the adjusted gross receipts for each license year. 13 22 The application shall be filed with the administrator 13 23 of the commission at least ninety days before the 13 24 first day of the next excursion season as determined 13 25 by the commission, shall identify the excursion 13 26 gambling boat upon which gambling games will be 13 27 authorized, shall specify the exact location where the 13 28 excursion gambling boat will be docked, and shall be 13 29 in a form and contain information as the commission 13 30 prescribes. The minimum passenger capacity of an 13 31 excursion gambling boat is two hundred fifty persons. 13 32 Sec. 39. Section 99F.6, subsection 4, paragraph a, 13 33 Code Supplement 2003, is amended to read as follows: 13 34 a. Before a license is granted, the division of 13 35 criminal investigation of the department of public 13 36 safety shall conduct a thorough background 13 37 investigation of the applicant for a license to 13 38 operate a gambling game operation on an excursion 13 39 gambling boat. The applicant shall provide 13 40 information on a form as required by the division of 13 41 criminal investigation. A qualified sponsoring 13 42 organization licensed to operate gambling games under 13 43 this chapter shall distribute the receipts of all 13 44 gambling games, less reasonable expenses, charges, 13 45 taxes, fees, and deductions allowed under this 13 46 chapter, as winnings to players or participants or 13 47 shall distribute the receipts for educational, civic, 13 48 public, charitable, patriotic, or religious uses as 13 49 defined in section 99B.7, subsection 3, paragraph "b". 13 50 However, a licensee to conduct gambling games under 14 1 this chapter shall, unless an operating agreement for 14 2 an excursion gambling boat otherwise provides, 14 3 distribute at least three percent of the adjusted 14 4 gross receipts for each license year for educational, 14 5 civic, public, charitable, patriotic, or religious 14 6 uses as defined in section 99B.7, subsection 3, 14 7 paragraph "b". However, if a licensee who is also 14 8 licensed to conduct pari-mutuel wagering at a horse 14 9 racetrack has unpaid debt from the pari-mutuel 14 10 racetrack operations, the first receipts of the 14 11 gambling games operated within the racetrack enclosure 14 12 less reasonable operating expenses, taxes, and fees 14 13 allowed under this chapter shall be first used to pay 14 14 the annual indebtedness. The commission shall 14 15 authorize, subject to the debt payments for horse 14 16 racetracks and the provisions of paragraph "b" for dog 14 17 racetracks, a licensee who is also licensed to conduct 14 18 pari-mutuel dog or horse racing to use receipts from 14 19 gambling games within the racetrack enclosure to 14 20 supplement purses for races particularly for Iowa-bred 14 21 horses pursuant to an agreement which shall be 14 22 negotiated between the licensee and representatives of 14 23 the dog or horse owners. For each agreement 14 24 concerning purses for horse racing beginning on or 14 25 after January 1, 2006, and ending before January 1, 14 26 2021, the agreement shall provide that total annual 14 27 purses for horse racing at every racetrack enclosure 14 28 within Polk county shall be no less than eleven 14 29 percent of the first two hundred million dollars of 14 30 net receipts, and six percent of net receipts above 14 31 two hundred million dollars. A qualified sponsoring 14 32 organization shall not make a contribution to a 14 33 candidate, political committee, candidate's committee, 14 34 state statutory political committee, county statutory 14 35 political committee, national political party, or 14 36 fund-raising event as these terms are defined in 14 37 section 68A.102. The membership of the board of 14 38 directors of a qualified sponsoring organization shall 14 39 represent a broad interest of the communities. For 14 40 purposes of this paragraph, "net receipts" means the 14 41 annual adjusted gross receipts from all gambling games 14 42 less the annual amount of money pledged by the owner 14 43 of the facility to fund a project approved to receive 14 44 vision Iowa funds as of July 1, 2004. 14 45 Sec. 40. Section 99F.7, subsection 1, Code 2003, 14 46 is amended to read as follows: 14 47 1. If the commission is satisfied that this 14 48 chapter and its rules adopted under this chapter 14 49 applicable to licensees have been or will be complied 14 50 with, the commission shall issue a license for a 15 1 period of not more than three years to an applicant to 15 2 own a gambling game operation and to an applicant to 15 3 operate an excursion gambling boat. The commission 15 4 shall decide which of the gambling games authorized 15 5 under this chapteritthe commission will permit. The 15 6 commission shall decide the number, location, and type 15 7 of excursion gambling boats licensed under this 15 8 chapter for operation on the rivers, lakes, and 15 9 reservoirs of this state. An excursion gambling boat 15 10 may be located or operated on a natural or man-made 15 11 lake or reservoir if the lake or reservoir is of 15 12 sufficient size to accommodate recreational activity. 15 13 An excursion gambling boat may also be located on a 15 14 body of water adjacent to a river, provided it is 15 15 located no more than one thousand feet from the 15 16 closest edge of the river, as established by the 15 17 commission in consultation with the United States army 15 18 corps of engineers, the department of natural 15 19 resources, or other appropriate regulatory agency. 15 20 The license shall set forth, as applicable, the name 15 21 of the licensee, the type of license granted, the 15 22 place where the excursion gambling boats will operate 15 23 and dock, and the time and number of days during the 15 24 excursion season and the off season when gambling may 15 25 be conducted by the licensee.The15 26 1A. An applicant for a license to conduct gambling 15 27 games on an excursion gambling boat, and each licensee 15 28 by June 30 of each year thereafter, shall indicate and 15 29 have noted on the license whether the applicant or 15 30 licensee will operate a moored barge, an excursion 15 31 boat that will cruise, or an excursion boat that will 15 32 not cruise. If the applicant or licensee will operate 15 33 a moored barge or an excursion boat that will not 15 34 cruise, the requirements of this chapter concerning 15 35 cruising shall not apply. If the applicant's or 15 36 licensee's excursion boat will cruise, the applicant 15 37 or licensee shall comply with the cruising 15 38 requirements of this chapter and the commission shall 15 39 not allow such a licensee to conduct gambling games on 15 40 an excursion gambling boat while docked during the off 15 41 season if the licensee does not operate gambling 15 42 excursions for a minimum number of days during the 15 43 excursion season. The commission may delay the 15 44 commencement of the excursion season at the request of 15 45 a licensee. 15 46 Sec. 41. Section 99F.7, subsection 3, Code 2003, 15 47 is amended to read as follows: 15 48 3. The commission shall require, as a condition of 15 49 granting a license, that an applicant to operate an 15 50 excursion gambling boat develop, and as nearly as 16 1 practicable, recreate boats or moored barges that 16 2 resemble Iowa's riverboat history. 16 3 Sec. 42. Section 99F.7, subsection 5, paragraph b, 16 4 Code 2003, is amended by striking the paragraph. 16 5 Sec. 43. Section 99F.7, subsection 9, Code 2003, 16 6 is amended to read as follows: 16 7 9. a. A licensee shall not loan to any person 16 8 money or any other thing of value for the purpose of 16 9 permitting that person to wager on any game of chance. 16 10 b. A licensee shall not permit a financial 16 11 institution, vendor, or other person to dispense cash 16 12 or credit through an electronic or mechanical device 16 13 including but not limited to a satellite terminal, as 16 14 defined in section 527.2, that is located on the 16 15 licensed premises. 16 16 Sec. 44. Section 99F.7, subsection 10, paragraph 16 17 e, Code 2003, is amended to read as follows: 16 18 e. After a referendum has been held which defeated 16 19 a proposal to conduct gambling games on excursion 16 20 gambling boats or which defeated a proposal to conduct 16 21 gambling games at a licensed pari-mutuel racetrack 16 22 enclosure as provided in this section, another 16 23 referendum on a proposal to conduct gambling games on 16 24 an excursion gambling boat or at a licensed pari- 16 25 mutuel racetrack shall not be held for at leasttwo16 26 eight years. 16 27 Sec. 45. Section 99F.9, subsection 5, Code 2003, 16 28 is amended to read as follows: 16 29 5. A person under the age of twenty-one years 16 30 shall not make or attempt to make a wager on an 16 31 excursion gambling boat or in a racetrack enclosure 16 32 and shall not be allowedin the areaon the gaming 16 33 floor ofthean excursion gambling boatwhere gambling16 34is being conductedor of a racetrack enclosure. 16 35 However, a person eighteen years of age or older may 16 36 be employed to workin a gambling areaon the gaming 16 37 floor of an excursion gambling boat or a racetrack 16 38 enclosure. A person who violates this subsection with 16 39 respect to making or attempting to make a wager 16 40 commits a scheduled violation under section 805.8C, 16 41 subsection 4. 16 42 Sec. 46. Section 99F.10, Code 2003, is amended to 16 43 read as follows: 16 44 99F.10ADMISSIONREGULATORY FEE – TAX – LOCAL 16 45 FEES. 16 46 1. A qualified sponsoring organization conducting 16 47 gambling games on an excursion gambling boat licensed 16 48 under section 99F.7 shall pay the tax imposed by 16 49 section 99F.11. 16 50 2. An excursion gambling boat licensee shall pay 17 1 to the commissionan admissiona regulatory feefor17 2each person embarking on an excursion gambling boat17 3with a ticket of admissionto be charged as provided 17 4 in this section.The admission fee shall be set by17 5the commission.17 6a. If tickets are issued which are good for more17 7than one excursion, the admission fee shall be paid17 8for each person using the ticket on each excursion17 9that the ticket is used.17 10b. If free passes or complimentary admission17 11tickets are issued, the licensee shall pay the same17 12fee upon these passes or complimentary tickets as if17 13they were sold at the regular and usual admission17 14rate.17 15c. However, the excursion boat licensee may issue17 16fee-free passes to actual and necessary officials and17 17employees of the licensee or other persons actually17 18working on the excursion gambling boat.17 19d. The issuance of fee-free passes is subject to17 20the rules of the commission, and a list of all persons17 21to whom the fee-free passes are issued shall be filed17 22with the commission.17 23 3.In addition to the admission fee charged under17 24subsection 2 and subjectSubject to approval of 17 25 excursion gambling boat docking by the voters, a city 17 26 may adopt, by ordinance, an admission fee not 17 27 exceeding fifty cents for each person embarking on an 17 28 excursion gambling boat docked within the city or a 17 29 county may adopt, by ordinance, an admission fee not 17 30 exceeding fifty cents for each person embarking on an 17 31 excursion gambling boat docked outside the boundaries 17 32 of a city. The admission revenue received by a city 17 33 or a county shall be credited to the city general fund 17 34 or county general fund as applicable. 17 35 4. In determining the license fees and state 17 36admissionregulatory fees to be charged as provided 17 37 under section 99F.4 and this section, the commission 17 38 shall use the amount appropriated to the commission 17 39 plus the cost of salaries for no more than two special 17 40 agents and no more than four gaming enforcement 17 41 officers for each excursion gambling boat, plus any 17 42 direct and indirect support costs for the agents and 17 43 officers, for the division of criminal investigation's 17 44 excursion gambling boat activitiesand an amount for17 45all licensees, not to exceed one hundred twenty-five17 46thousand dollars, representing other associated costs17 47of the division, as the basis for determining the 17 48 amount of revenue to be raised from the license fees 17 49 andadmissionregulatory fees.The division's salary17 50costs shall be limited to eighty percent of the salary18 1costs for special agents and eighty percent of the18 2salary costs for gaming enforcement for personnel18 3assigned to excursion gambling boats who enforce laws18 4and rules adopted by the commission.18 5 5. No other license tax, permit tax, occupation 18 6 tax, excursion fee, or taxes on fees shall be levied, 18 7 assessed, or collected from a licensee by the state or 18 8 by a political subdivision, except as provided in this 18 9 chapter. 18 10 6. No other excise tax shall be levied, assessed, 18 11 or collected from the licensee relating to gambling 18 12 excursions or admission charges by the state or by a 18 13 political subdivision, except as provided in this 18 14 chapter. 18 15 Sec. 47. Section 99F.11, Code Supplement 2003, is 18 16 amended to read as follows: 18 17 99F.11 WAGERING TAX – RATE – ALLOCATIONS. 18 18 1. A tax is imposed on the adjusted gross receipts 18 19 receivedannuallyeach fiscal year from gambling games 18 20 authorized under this chapter at the rate of five 18 21 percent on the first one million dollars of adjusted 18 22 gross receipts,and at the rate of ten percent on the 18 23 next two million dollars of adjusted gross receipts.,18 24and at the rate of twenty percent18 25 2. The tax rate imposed each fiscal year on any 18 26 amount of adjusted gross receipts over three million 18 27 dollars. However, beginning January 1, 1997, the rate18 28on any amount of adjusted gross receipts over three18 29million dollars from gambling games at racetrack18 30enclosures is twenty-two percent and shall increase by18 31two percent each succeeding calendar year until the18 32rate is thirty-six percent.shall be as follows: 18 33 a. If the licensee is an excursion gambling boat 18 34 or a racetrack enclosure conducting gambling games, 18 35 twenty-two percent. 18 36 b. Notwithstanding paragraph "a", if the licensee 18 37 is an excursion gambling boat that is licensed to 18 38 operate a moored barge and another licensee of an 18 39 excursion gambling boat in the same county is not 18 40 licensed to operate a moored barge, twenty-six 18 41 percent. 18 42 3. The taxes imposed by this section shall be paid 18 43 by the licensee to the treasurer of state within ten 18 44 days after the close of the day when the wagers were 18 45 made and shall be distributed as follows: 18 461.a. If the gambling excursion originated at a 18 47 dock located in a city, one-half of one percent of the 18 48 adjusted gross receipts shall be remitted to the 18 49 treasurer of the city in which the dock is located and 18 50 shall be deposited in the general fund of the city. 19 1 Another one-half of one percent of the adjusted gross 19 2 receipts shall be remitted to the treasurer of the 19 3 county in which the dock is located and shall be 19 4 deposited in the general fund of the county. 19 52.b. If the gambling excursion originated at a 19 6 dock located in a part of the county outside a city, 19 7 one-half of one percent of the adjusted gross receipts 19 8 shall be remitted to the treasurer of the county in 19 9 which the dock is located and shall be deposited in 19 10 the general fund of the county. Another one-half of 19 11 one percent of the adjusted gross receipts shall be 19 12 remitted to the treasurer of the Iowa city nearest to 19 13 where the dock is located and shall be deposited in 19 14 the general fund of the city. 19 153.c.Three-tenthsOne-half of one percent of the 19 16 adjusted gross receipts shall be deposited in the 19 17 gambling treatment fundspecified in section 99G.39,19 18subsection 1, paragraph "a"created in section 19 19 135.150. 19 20 d. One-half of one percent of the adjusted gross 19 21 receipts shall be deposited in the community endowment 19 22 fund created in section 15E.311. 19 234.e. The remaining amount of the adjusted gross 19 24 receipts tax shall be credited to the general fund of 19 25 the state. 19 26 Sec. 48. Section 99F.12, Code 2003, is amended to 19 27 read as follows: 19 28 99F.12 LICENSEES – RECORDS – REPORTS – 19 29 SUPERVISION. 19 30 1. A licensee shall keep its books and records so 19 31 as to clearly show all of the following: 19 321.a. The total number of admissionsto gambling19 33excursions conducted by the licensee on each day,19 34including the number of admissions upon free passes or19 35complimentary ticketsfor each day of operation. 19 362.b.The amount received daily from admission19 37fees.19 383.The total amount of money wageredduring each19 39excursion dayand the adjusted gross receipts forthe19 40 each day of operation. 19 41 2. The licensee shall furnish to the commission 19 42 reports and information as the commission may require 19 43 with respect to its activities. The gross receipts 19 44 and adjusted gross receipts from gambling shall be 19 45 separately handled and accounted for from all other 19 46 moneys received from operation of an excursion 19 47 gambling boat. The commission may designate a 19 48 representative to board a licensed excursion gambling 19 49 boat, who shall have full access to all places within 19 50 the enclosure of the boat, who shall directly 20 1 supervise the handling and accounting of all gross 20 2 receipts and adjusted gross receipts from gambling, 20 3 and who shall supervise and check the admissions. The 20 4 compensation of a representative shall be fixed by the 20 5 commission but shall be paid by the licensee. 20 6 3. The books and records kept by a licensee as 20 7 provided by this section are public records and the 20 8 examination, publication, and dissemination of the 20 9 books and records are governed by the provisions of 20 10 chapter 22. 20 11 Sec. 49. Section 99F.17, subsections 5 and 6, Code 20 12 2003, are amended to read as follows: 20 13 5. The manufacturer or distributor of gambling 20 14 games or implements of gambling shall provide the 20 15 commission witha copy of the invoicewritten notice 20 16 showing the items shipped to the licenseeand a copy20 17of the bill of lading. 20 18 6. Subsection 2 does not apply in the following 20 19 cases, if approved by the commission: 20 20 a. Gambling games or implements of gambling 20 21 previously installedon an excursion gambling boatin 20 22 a gambling location licensed in another jurisdiction. 20 23 b. Gambling games or implements of gambling 20 24 previously installedon an excursion gambling boatin 20 25 a gambling location licensed in this state. 20 26 Sec. 50. Section 99G.39, subsection 1, paragraph 20 27 a, Code Supplement 2003, is amended to read as 20 28 follows: 20 29 a. An amount equal tothree-tenthsone-half of one 20 30 percent of the gross lottery revenue for the year 20 31 shall be deposited inathe gambling treatment fundin20 32the office of the treasurer of statecreated in 20 33 section 135.150. 20 34 Sec. 51. NEW SECTION. 135.150 GAMBLING TREATMENT 20 35 FUND. 20 36 1. A gambling treatment fund is created in the 20 37 state treasury under the control of the department. 20 38 The fund consists of all moneys appropriated to the 20 39 fund. However, if moneys appropriated to the fund in 20 40 a fiscal year exceed six million dollars, the amount 20 41 exceeding six million dollars shall be transferred to 20 42 the general fund of the state. Moneys in the fund are 20 43 appropriated to the department for the purposes 20 44 described in this section. 20 45 2. Moneys appropriated to the department under 20 46 this section shall be for the purpose of operating a 20 47 gambling treatment program and shall be used for 20 48 funding of administrative costs and to provide 20 49 programs which may include, but are not limited to, 20 50 outpatient and follow-up treatment for persons 21 1 affected by problem gambling, rehabilitation and 21 2 residential treatment programs, information and 21 3 referral services, crisis call access, education and 21 4 preventive services, and financial management and 21 5 credit counseling services. 21 6 3. Notwithstanding section 12C.7, subsection 2, 21 7 interest or earnings on moneys deposited in the 21 8 gambling treatment fund shall be credited to the 21 9 gambling treatment fund. Notwithstanding section 21 10 8.33, moneys credited to the gambling treatment fund 21 11 shall not revert to the fund from which appropriated 21 12 at the close of a fiscal year. 21 13 4. The department shall report semiannually to the 21 14 legislative government oversight committees regarding 21 15 the operation of the gambling treatment fund and 21 16 program. The report shall include, but is not limited 21 17 to, information on revenues and expenses related to 21 18 the fund for the previous period, fund balances for 21 19 the period, and moneys expended and grants awarded for 21 20 operation of the gambling treatment program. 21 21 Sec. 52. Section 421.17, Code Supplement 2003, is 21 22 amended by adding the following new subsection: 21 23 NEW SUBSECTION. 28. To administer the community 21 24 endowment fund created in section 15E.311. 21 25 Sec. 53. NEW SECTION. 725.19 GAMBLING BY MINORS. 21 26 1. Any person under the age of twenty-one years 21 27 shall not make or attempt to make a gambling wager, 21 28 except as permitted under chapter 99B. A person who 21 29 violates this subsection commits a scheduled violation 21 30 under section 805.8C, subsection 4. 21 31 2. A person who knowingly permits a person under 21 32 the age of twenty-one years to make or attempt to make 21 33 a gambling wager, except as permitted under chapter 21 34 99B, is guilty of a simple misdemeanor. 21 35 Sec. 54. Section 805.8C, Code 2003, is amended by 21 36 adding the following new subsection: 21 37 NEW SUBSECTION. 4. GAMBLING VIOLATIONS. For 21 38 violations of legal age for gambling wagering under 21 39 section 99D.11, subsection 7, section 99F.9, 21 40 subsection 5, and section 725.19, subsection 1, the 21 41 scheduled fine is five hundred dollars. Failure to 21 42 pay the fine by a person under the age of eighteen 21 43 shall not result in the person being detained in a 21 44 secure facility. 21 45 Sec. 55. Sections 99D.14A and 99F.10A, Code 2003, 21 46 are repealed. 21 47 Sec. 56. SOCIOECONOMIC STUDY OF GAMBLING. 21 48 1. The legislative council shall commission a 21 49 study by an independent entity to study the 21 50 socioeconomic impact of gambling on Iowans. The 22 1 legislative council is authorized to expend up to one 22 2 hundred thousand dollars to complete the study. The 22 3 legislative council shall make the report available by 22 4 July 1, 2005. 22 5 2. The study shall be an empirical study and 22 6 include, but not be limited to, the following matters: 22 7 a. The economic impact of gambling on communities 22 8 and other businesses. 22 9 b. The impact of gambling, if any, on family 22 10 finances and family relations in general. 22 11 c. Demographic information on gamblers. 22 12 d. An assessment of the impact, if any, of 22 13 pathological or problem gambling on individuals, 22 14 families, social institutions, criminal activity, and 22 15 the economy. 22 16 e. Other relevant issues to fully examine the 22 17 socioeconomic impact of gambling. 22 18 Sec. 57. TRANSITION PROVISIONS – EXCURSION 22 19 GAMBLING BOAT CRUISING. A licensee authorized to 22 20 conduct gambling games on an excursion gambling boat 22 21 pursuant to chapter 99F as of January 1, 2004, shall, 22 22 no later than June 1, 2004, notify the racing and 22 23 gaming commission in writing if the licensee intends 22 24 to operate a moored barge, an excursion boat that will 22 25 cruise, or an excursion boat that will not cruise. 22 26 The racing and gaming commission shall make the 22 27 election of each licensee under this section public by 22 28 June 7, 2004. A licensee who initially elects to 22 29 operate a moored barge or an excursion boat that will 22 30 not cruise may, no later than June 30, 2004, change 22 31 its election and elect to operate an excursion boat 22 32 that will cruise. 22 33 Sec. 58. EFFECTIVE DATE – RETROACTIVE 22 34 APPLICABILITY. 22 35 1. The section of this Act amending section 99D.6 22 36 takes effect April 1, 2004. If this Act is enacted 22 37 after April 1, 2004, the section of this Act amending 22 38 section 99D.6, being deemed of immediate importance, 22 39 takes effect upon enactment and is retroactively 22 40 applicable to April 1, 2004, and is applicable on and 22 41 after that date. 22 42 2. The section of this Act amending section 22 43 99D.25, subsection 5, takes effect April 1, 2004. If 22 44 this Act is enacted after April 1, 2004, the section 22 45 of this Act amending section 99D.25, subsection 5, 22 46 being deemed of immediate importance, takes effect 22 47 upon enactment and is retroactively applicable to 22 48 April 1, 2004, and is applicable on and after that 22 49 date. 22 50 2A. The section of this Act enacting section 23 1 99F.4C, being deemed of immediate importance, takes 23 2 effect upon enactment. 23 3 3. The section of this Act amending section 99F.5, 23 4 subsection 1, being deemed of immediate importance, 23 5 takes effect upon enactment. 23 6 4. The section of this Act amending section 99F.7, 23 7 subsection 10, paragraph "e", being deemed of 23 8 immediate importance, takes effect upon enactment and 23 9 is retroactively applicable to referendums held on or 23 10 after January 1, 2002. 23 11 5. The section of this Act requiring a 23 12 socioeconomic study of gambling, being deemed of 23 13 immediate importance, takes effect upon enactment. 23 14 6. The section of this Act establishing transition 23 15 provisions concerning excursion gambling boat 23 16 cruising, being deemed of immediate importance, takes 23 17 effect upon enactment." 23 18 #2. Title page, by striking lines 1 through 9 and 23 19 inserting the following: "An Act relating to 23 20 gambling, concerning the operation, licensure, 23 21 regulation, fee assessment, and taxation of racetracks 23 22 and excursion gambling boats, imposing a moratorium 23 23 for issuance of licenses for gambling games and pari- 23 24 mutuel wagering, including pari-mutuel wagering, horse 23 25 purses and gambling games at racetracks and on 23 26 gambling boats, racing and gaming commission 23 27 membership and employees, gambling treatment fund and 23 28 community endowment fund appropriations, gambling by 23 29 minors and others, and providing penalties and 23 30 including effective and retroactive applicability date 23 31 provisions." 23 32 23 33 23 34 23 35 CARROLL of Poweshiek 23 36 23 37 23 38 23 39 FALLON of Polk 23 40 23 41 23 42 23 43 DE BOEF of Keokuk 23 44 23 45 23 46 23 47 BOAL of Polk 23 48 23 49 23 50 24 1 VAN ENGELENHOVEN of Marion 24 2 24 3 24 4 24 5 KRAMER of Polk 24 6 24 7 24 8 24 9 STEVENS of Dickinson 24 10 24 11 24 12 24 13 CHAMBERS of O'Brien 24 14 24 15 24 16 24 17 ALONS of Sioux 24 18 24 19 24 20 24 21 GREIMANN of Story 24 22 24 23 24 24 24 25 D. OLSON of Boone 24 26 HF 2302.707 80 24 27 ec/gg
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