Text: H08135 Text: H08137 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8099, to House File 2302, as 1 2 follows: 1 3 #1. By striking page 1, line 1, through page 2, 1 4 line 16, and inserting the following: 1 5 "Amend House File 2302 as follows: 1 6 # . By striking everything after the enacting 1 7 clause and inserting the following: 1 8 "Section 1. NEW SECTION. 15E.311 COUNTY 1 9 ENDOWMENT FUND. 1 10 1. The purpose of this section is to enhance the 1 11 quality of life for citizens of Iowa by providing 1 12 moneys to new or existing citizen groups of this state 1 13 organized to establish county affiliate funds or 1 14 community foundations that will address countywide 1 15 needs. 1 16 2. A county endowment fund is created in the state 1 17 treasury under the control of the department of 1 18 revenue. The fund consists of all moneys appropriated 1 19 to the fund. Moneys in the fund shall be distributed 1 20 by the department as provided in this section. 1 21 3. a. At the end of each fiscal year, moneys in 1 22 the fund shall be transferred into separate accounts 1 23 within the fund and designated for use by each county 1 24 in which no licensee authorized to conduct gambling 1 25 games under chapter 99F was located during that fiscal 1 26 year. Moneys transferred to county accounts shall be 1 27 divided equally among the counties. Moneys 1 28 transferred into an account for a county shall be 1 29 transferred by the department to an eligible county 1 30 recipient for that county. Of the moneys transferred, 1 31 an eligible county recipient shall distribute eighty 1 32 percent of the moneys as grants to charitable 1 33 organizations for educational, civic, public, 1 34 charitable, patriotic, or religious uses, as defined 1 35 in section 99B.7, subsection 3, paragraph "b", in that 1 36 county and shall retain twenty percent of the moneys 1 37 for use in establishing a permanent endowment fund for 1 38 the benefit of charitable organizations for 1 39 educational, civic, public, charitable, patriotic, or 1 40 religious uses, as defined in section 99B.7, 1 41 subsection 3, paragraph "b". 1 42 b. If a county does not have an eligible county 1 43 recipient, moneys in the account for that county shall 1 44 remain in that account until an eligible county 1 45 recipient for that county is established. 1 46 c. For purposes of this subsection, an "eligible 1 47 county recipient" means a qualified community 1 48 foundation or community affiliate organization, as 1 49 defined in section 15E.303, that is selected, in 1 50 accordance with the procedures described in section 2 1 15E.304, to receive moneys from an account created in 2 2 this section for a particular county. To be selected 2 3 as an eligible county recipient, a community affiliate 2 4 organization shall establish a county affiliate fund 2 5 to receive moneys as provided by this section. 2 6 4. Notwithstanding section 12C.7, subsection 2, 2 7 interest or earnings on moneys deposited in the county 2 8 endowment fund shall be credited to the county 2 9 endowment fund. Notwithstanding section 8.33, moneys 2 10 credited to the county endowment fund shall not revert 2 11 at the close of a fiscal year. 2 12 Sec. 2. Section 99D.2, subsection 8, Code 2003, is 2 13 amended to read as follows: 2 14 8. "Racetrack enclosure" means all real property 2 15 utilized for the conduct of a race meeting, including 2 16 the racetrack, grandstand,clubhouse, turf club or2 17other areas of a licensed racetrack which a person may2 18enter only upon payment of an admission fee, or upon2 19payment by another, at any time, based upon the2 20person's admittance, or upon presentation of2 21authorized credentials. "Racetrack enclosure" also2 22meansconcession stands, offices, barns, kennels and 2 23 barn areas, employee housing facilities, parking lots, 2 24 and any additional areas designated by the commission. 2 25 Sec. 3. Section 99D.2, Code 2003, is amended by 2 26 adding the following new subsection: 2 27 NEW SUBSECTION. 9. "Wagering area" means that 2 28 portion of a racetrack in which a licensee may receive 2 29 wagers of money from a person present in a licensed 2 30 racing enclosure on a horse or dog in a race selected 2 31 by the person making the wager as designated by the 2 32 commission. 2 33 Sec. 4. Section 99D.5, subsection 4, Code 2003, is 2 34 amended to read as follows: 2 35 4. Commission members are each entitled to receive 2 36 an annual salary of six thousand dollars. Members 2 37 shall also be reimbursed for actual expenses incurred 2 38 in the performance of their duties to a maximum of 2 39 thirty thousand dollars per year for the commission. 2 40 Each member shallpost a bond in the amount of ten2 41thousand dollars, with sureties to be approved by the2 42governor, to guarantee the proper handling and2 43accounting of moneys and other properties required in2 44the administration of this chapter. The premiums on2 45the bonds shall be paid as other expenses of the2 46commissionbe covered by the blanket surety bond of 2 47 the state purchased pursuant to section 8A.321, 2 48 subsection 12. 2 49 Sec. 5. Section 99D.6, Code 2003, is amended to 2 50 read as follows: 3 1 99D.6 CHAIRPERSON – ADMINISTRATOR – EMPLOYEES – 3 2 DUTIES – BOND. 3 3 The commission shall elect in July of each year one 3 4 of its members as chairperson for the succeeding year. 3 5 The commission shall appoint an administrator of the 3 6 commission subject to confirmation by the senate. The 3 7 administrator shall serve a four-year term. The term 3 8 shall begin and end in the same manner as set forth in 3 9 section 69.19. A vacancy shall be filled for the 3 10 unexpired portion of the term in the same manner as a 3 11 full-term appointment is made. The administrator may 3 12 hire other assistants and employees as necessary to 3 13 carry out the commission's duties. Employees in the 3 14 positions of equine veterinarian, canine veterinarian, 3 15 and equine steward shall be exempt from the merit 3 16 system provisions of chapter 8A, subchapter IV, and 3 17 shall not be covered by a collective bargaining 3 18 agreement. Some or all of the information required of 3 19 applicants in section 99D.8A, subsections 1 and 2, may 3 20 also be required of employees of the commission if the 3 21 commission deems it necessary. The administrator 3 22 shall keep a record of the proceedings of the 3 23 commission, and preserve the books, records, and 3 24 documents entrusted to the administrator's care. The 3 25commission shall require theadministratorto post a3 26bond in a sum it may fix, conditioned upon the3 27faithful performance of the administrator's duties3 28 shall be covered by the blanket surety bond of the 3 29 state purchased pursuant to section 8A.321, subsection 3 30 12. Subject to the approval of the governor, the 3 31 commission shall fix the compensation of the 3 32 administrator within the salary range as set by the 3 33 general assembly. The commission shall have its 3 34 headquarters in the city of Des Moines, and shall meet 3 35 in July of each year and at other times and places as 3 36 it finds necessary for the discharge of its duties. 3 37 Sec. 6. Section 99D.7, subsection 8, Code 2003, is 3 38 amended to read as follows: 3 39 8. To investigate alleged violations of this 3 40 chapter or the commission rules, orders, or final 3 41 decisions and to take appropriate disciplinary action 3 42 against a licensee or a holder of an occupational 3 43 license for the violation, or institute appropriate 3 44 legal action for enforcement, or both. Information 3 45 gathered during an investigation is confidential 3 46 during the pendency of the investigation. Decisions 3 47 by the commission are final agency actions pursuant to 3 48 chapter 17A. 3 49 Sec. 7. Section 99D.7, subsection 19, Code 2003, 3 50 is amended to read as follows: 4 1 19. To require licensees to indicate in their 4 2 racing programs those horses which are treated with 4 3 the legal medicationlasixfurosemide or 4 4 phenylbutazone. The program shall also indicate if it 4 5 is the first or subsequent time that a horse is racing 4 6 withlasixfurosemide, or if the horse has previously 4 7 raced withlasixfurosemide and the present race is 4 8 the first race for the horse withoutlasixfurosemide 4 9 following its use. 4 10 Sec. 8. Section 99D.7, Code 2003, is amended by 4 11 adding the following new subsection: 4 12 NEW SUBSECTION. 23. To require licensees to 4 13 establish a process to allow a person to be 4 14 voluntarily excluded for life from a racetrack 4 15 enclosure and all other licensed facilities under this 4 16 chapter and chapter 99F. The process established 4 17 shall require that a licensee disseminate information 4 18 regarding persons voluntarily excluded to all 4 19 licensees under this chapter and chapter 99F. The 4 20 state and any licensee under this chapter or chapter 4 21 99F shall not be liable to any person for any claim 4 22 which may arise from this process. In addition to any 4 23 other penalty provided by law, any money or thing of 4 24 value that has been obtained by, or is owed to, a 4 25 voluntarily excluded person by a licensee as a result 4 26 of wagers made by the person after the person has been 4 27 voluntarily excluded shall not be paid to the person 4 28 but shall be deposited into the gambling treatment 4 29 fund created in section 135.150. 4 30 Sec. 9. Section 99D.9, subsections 1 and 2, Code 4 31 2003, are amended to read as follows: 4 32 1. If the commission is satisfied that its rules 4 33 and sections 99D.8 through 99D.25 applicable to 4 34 licensees have been or will be complied with, it may 4 35 issue a license for a period of not more than three 4 36 years. The commission may decide which types of 4 37 racing it will permit. The commission may permit dog 4 38 racing, horse racing of various types, or both dog and 4 39 horse racing. The commission shall decide the number, 4 40 location, and type of all racetracks licensed under 4 41 this chapter. The license shall set forth the name of 4 42 the licensee, the type of license granted, the place 4 43 where the race meeting is to be held, and the time and 4 44 number of days during which racing may be conducted by 4 45 the licensee.The commission shall not approve the4 46licenses for racetracks in Dubuque county and Black4 47Hawk county if the proposed racing schedules of the4 48two tracks conflict.The commission shall not approve 4 49 a license application if any part of the racetrack is 4 50 to be constructed on prime farmland outside the city 5 1 limits of an incorporated city. As used in this 5 2 subsection, "prime farmland" means as defined by the 5 3 United States department of agriculture in 7 C.F.R. 5 4sec.} 657.5(a). A license is not transferable or 5 5 assignable. The commission may revoke any license 5 6 issued for good cause upon reasonable notice and 5 7 hearing. The commission shall conduct a neighborhood 5 8 impact study to determine the impact of granting a 5 9 license on the quality of life in neighborhoods 5 10 adjacent to the proposed racetrack facility. The 5 11 applicant for the license shall reimburse the 5 12 commission for the costs incurred in making the study. 5 13 A copy of the study shall be retained on file with the 5 14 commission and shall be a public record. The study 5 15 shall be completed before the commission may issue a 5 16 license for the proposed facility. 5 17 2. A license shall only be granted to a nonprofit 5 18 corporation or association upon the express condition 5 19 that:5 20a. Thethe nonprofit corporation or association 5 21 shall not, by a lease, contract, understanding, or 5 22 arrangement of any kind, grant, assign, or turn over 5 23 to a person the operation of a race meeting licensed 5 24 under this section or of the pari-mutuel system of 5 25 wagering described in section 99D.11. This section 5 26 does not prohibit a management contract approved by 5 27 the commission. 5 28b. The nonprofit corporation shall not in any5 29manner permit a person other than the licensee to have5 30a share, percentage, or proportion of the money5 31received for admissions to the race or race meeting.5 32 Sec. 10. Section 99D.9, subsection 6, Code 2003, 5 33 is amended to read as follows: 5 34 6. (1) A licenseemayshall not loan to any 5 35 person money or any other thing of value for the 5 36 purpose of permitting that person to wager on any 5 37 race. 5 38 (2) A licensee shall not permit a financial 5 39 institution, vendor, or other person to dispense cash 5 40 or credit through an electronic or mechanical device 5 41 including but not limited to a satellite terminal as 5 42 defined in section 527.2, that is located in the 5 43 wagering area. 5 44 (3) A licensee shall ensure that a person may 5 45 voluntarily bar the person's access to receive cash or 5 46 credit from a financial institution, vendor, or other 5 47 person through an electronic or mechanical device 5 48 including but not limited to a satellite terminal as 5 49 defined in section 527.2, that is located on the 5 50 licensed premises. 6 1 Sec. 11. Section 99D.9, Code 2003, is amended by 6 2 adding the following new subsection: 6 3 NEW SUBSECTION. 6A. A license shall not be 6 4 granted to a nonprofit corporation unless the 6 5 nonprofit corporation adopts bylaws, which shall be 6 6 filed with the commission, establishing conflicts-of- 6 7 interest provisions governing the nonprofit 6 8 corporation substantially similar to section 68B.2A. 6 9 A license shall also not be granted to a nonprofit 6 10 corporation if substantial evidence exists that the 6 11 officers and members of the board of directors of the 6 12 nonprofit corporation have not complied with the 6 13 conflicts-of-interest provisions adopted by the 6 14 nonprofit corporation. 6 15 Sec. 12. Section 99D.9, Code 2003, is amended by 6 16 adding the following new subsection: 6 17 NEW SUBSECTION. 8. The commission shall require 6 18 that a licensee utilize Iowa resources, goods, and 6 19 services in the operation of a racetrack enclosure. 6 20 The commission shall develop standards to assure that 6 21 a substantial amount of all resources and goods used 6 22 in the operation of a racetrack enclosure emanate from 6 23 and are made in Iowa and that a substantial amount of 6 24 all services and entertainment are provided by Iowans. 6 25 Sec. 13. Section 99D.11, subsection 7, Code 2003, 6 26 is amended to read as follows: 6 27 7. A person under the age of twenty-one years 6 28 shall not make or attempt to make a pari-mutuel wager. 6 29 A person who violates this subsection commits a 6 30 scheduled violation under section 805.8C, subsection 6 31 4. 6 32 Sec. 14. Section 99D.14, subsection 2, Code 2003, 6 33 is amended by striking the subsection and inserting in 6 34 lieu thereof the following: 6 35 2. A licensee shall pay a regulatory fee to be 6 36 charged as provided in this section. In determining 6 37 the regulatory fee to be charged as provided under 6 38 this section, the commission shall use the amount 6 39 appropriated to the commission plus the cost of 6 40 salaries for no more than two special agents for each 6 41 racetrack that has not been issued a table games 6 42 license under chapter 99F or no more than three 6 43 special agents for each racetrack that has been issued 6 44 a table games license under chapter 99F, plus any 6 45 direct and indirect support costs for the agents, for 6 46 the division of criminal investigation's racetrack 6 47 activities, as the basis for determining the amount of 6 48 revenue to be raised from the regulatory fee. 6 49 Sec. 15. Section 99D.14, subsection 7, Code 2003, 6 50 is amended by striking the subsection. 7 1 Sec. 16. Section 99D.15, subsection 3, paragraph 7 2 d, Code 2003, is amended by striking the paragraph. 7 3 Sec. 17. Section 99D.15, Code 2003, is amended by 7 4 adding the following new subsection: 7 5 NEW SUBSECTION. 5. An amount equal to one-half of 7 6 one percent of the gross sum wagered by the pari- 7 7 mutuel method shall be deposited into the gambling 7 8 treatment fund created in section 135.150 from the tax 7 9 revenue received by the commission pursuant to 7 10 subsections 1, 3, and 4. 7 11 Sec. 18. Section 99D.19, Code 2003, is amended to 7 12 read as follows: 7 13 99D.19 HORSE OR DOG RACING – LICENSEES – RECORDS 7 14 – REPORTS – SUPERVISION. 7 15 1. A licensee shall keep its books and records so 7 16 as to clearly show the following: 7 171.a. The total number of admissionsto races7 18conducted by it on each racing day, including the7 19number of admissions upon free passes or complimentary7 20ticketsfor each day of operation. 7 212.b.The amount received daily from admission7 22fees.7 233.The total amount of money wageredduring the7 24race meetfor each day of operation. 7 25 2. The licensee shall furnish to the commission 7 26 reports and information as the commission may require 7 27 with respect to its activities. The commission may 7 28 designate a representative to attend a licensed race 7 29 meeting, who shall have full access to all places 7 30 within the enclosure of the meeting and who shall 7 31 supervise and check the admissions. The compensation 7 32 of the representative shall be fixed by the commission 7 33 but shall be paid by the licensee. 7 34 Sec. 19. Section 99D.23, subsection 1, Code 2003, 7 35 is amended to read as follows: 7 36 1. The commission shall employ one or more 7 37 chemists or contract with a qualified chemical 7 38 laboratory to determine by chemical testing and 7 39 analysis of saliva, urine, blood, or other excretions 7 40 or body fluids whether a substance or drug has been 7 41 introduced which may affect the outcome of a race or 7 42 whether an action has been taken or a substance or 7 43 drug has been introduced which may interfere with the 7 44 testing procedure. The commission shall adopt rules 7 45 under chapter 17A concerning procedures and actions 7 46 taken on positive drug reports. The commission may 7 47 adopt by referencethe standards of the national7 48association of state racing commissioners, the7 49association of official racing chemists, and New York7 50jockey club, or the United States trotting8 1association,nationally recognized standards as 8 2 determined by the commission or may adopt any other 8 3 procedure or standard. The commission has the 8 4 authority to retain and preserve by freezing, test 8 5 samples for future analysis. 8 6 Sec. 20. Section 99D.25, subsection 1, paragraph 8 7 a, Code 2003, is amended to read as follows: 8 8 a. "Drugging" means administering to a horse or 8 9 dog any substance foreign to the natural horse or dog 8 10 prior to the start of a race. However, in counties 8 11 with a population of two hundred fifty thousand or 8 12 more, "drugging" does not include administering to a 8 13 horse the drugslasixfurosemide and phenylbutazone in 8 14 accordance with section 99D.25A and rules adopted by 8 15 the commission. 8 16 Sec. 21. Section 99D.25, subsection 5, Code 2003, 8 17 is amended to read as follows: 8 18 5. Every horse which suffers a breakdown on the 8 19 racetrack, in training, or in competition, and is 8 20 destroyed, and every other horse which expires while 8 21 stabled on the racetrack under the jurisdiction of the 8 22 commission, shall undergo a postmortem examination by 8 23 a veterinarian or a veterinary pathologist at a time 8 24 and place acceptable to the commission veterinarian to 8 25 determine the injury or sickness which resulted in 8 26 euthanasia or natural death.The postmortem8 27examination shall be conducted by a veterinarian8 28employed by the owner or the owner's trainer in the8 29presence of and in consultation with the commission8 30veterinarian.Test samples shall be obtained from the 8 31 carcass upon which the postmortem examination is 8 32 conducted and shall be sent to a laboratory approved 8 33 by the commission for testing for foreign substances 8 34 and natural substances at abnormal levels. When 8 35 practical, blood and urine test samples should be 8 36 procured prior to euthanasia. The owner of the 8 37 deceased horse is responsible for payment of any 8 38 charges duethe veterinarian employedto conduct the 8 39 postmortem examination.The services of the8 40commission veterinarian and the laboratory testing of8 41postmortem samples shall be made available by the8 42commission without charge to the owner.A record of 8 43 every postmortem shall be filed with the commission by 8 44 theowner'sveterinarian or veterinary pathologist who 8 45 performed the postmortem within seventy-two hours of 8 46 the deathand shall be submitted on a form supplied by8 47the commission. Each owner and trainer accepts the 8 48 responsibility for the postmortem examination provided 8 49 herein as a requisite for maintaining the occupational 8 50 license issued by the commission. 9 1 Sec. 22. Section 99D.25, subsection 9, Code 2003, 9 2 is amended to read as follows: 9 3 9. The commission shall conduct random tests of 9 4 bodily substances of horses entered to race each day 9 5 of a race meeting to aid in the detection of any 9 6 unlawful drugging. The testsshallmay be conducted 9 7 both prior to and after a race. The commission shall 9 8 also test any horse that breaks down during a race and 9 9 shall perform an autopsy on any horse that is killed 9 10 or subsequently destroyed as a result of an accident 9 11 during a race. 9 12 Sec. 23. Section 99D.25A, subsections 3 through 7, 9 13 Code 2003, are amended to read as follows: 9 14 3. If a horse is to race with phenylbutazone in 9 15 its system, the trainer, or trainer's designee, shall 9 16 be responsible for marking the information on the 9 17 entry blank for each race in which the horse shall use 9 18 phenylbutazone. Changes made after the time of entry 9 19 must be submitted on the prescribed form to the 9 20 commission veterinarian no later than scratch time. 9 21 4. If a test detects concentrations of 9 22 phenylbutazone in the system of a horse in excess of 9 23 the level permitted in this section, the commission 9 24 shall assess a civil penalty against the trainer of at 9 25 least two hundred dollars for the first offense and at 9 26 least five hundred dollars for a second offense. The 9 27 penalty for a third or subsequent offense shall be in 9 28 the discretion of the commission. A penalty assessed 9 29 under this subsection shall not affect the placing of 9 30 the horse in the race. 9 31 5.LasixFurosemide may be administered to 9 32 certified bleeders. Upon request, any horse placed on 9 33 the bleeder list shall, in its next race, be permitted 9 34 the use oflasixfurosemide. Once a horse has raced 9 35 withlasixfurosemide, it must continue to race with 9 36lasixfurosemide in all subsequent races unless a 9 37 request is made to discontinue the use. If the use of 9 38lasixfurosemide is discontinued, the horse shall be 9 39 prohibited from again racing withlasixfurosemide 9 40 unless it is later observed to be bleeding. Requests 9 41 for the use of or discontinuance oflasixfurosemide 9 42 must be made to the commission veterinarian by the 9 43 horse's trainer or assistant trainer on a form 9 44 prescribed by the commission on or before the day of 9 45 entry into the race for which the request is made. 9 46 6. Once a horse has been permitted the use of 9 47lasixfurosemide, the horse must be treated withlasix9 48 furosemide in the horse's stall, unless the commission 9 49 provides that a horse must be brought to the detention 9 50 barn for treatment. After thelasixfurosemide 10 1 treatment, the commission, by rule, may authorize the 10 2 release of the horse from the horse's stall or 10 3 detention barn before the scheduled post time. If a 10 4 horse is brought to the detention barn late, the 10 5 commission shall assess a civil penalty of one hundred 10 6 dollars against the trainer. 10 7 7. A horse entered to race withlasixfurosemide 10 8 must be treated at least four hours prior to post 10 9 time. Thelasixfurosemide shall be administered 10 10 intravenously by a veterinarian employed by the owner 10 11 or trainer of the horse. The commission shall adopt 10 12 rules to ensure thatlasixfurosemide is administered 10 13 as provided in this section. The commission shall 10 14 require that the practicing veterinarian deliver an 10 15 affidavit signed by the veterinarian which certifies 10 16 information regarding the treatment of the horse. The 10 17 affidavit must be delivered to a commission 10 18 veterinarian within twenty minutes following the 10 19 treatment. The statement must at least include the 10 20 name of the practicing veterinarian, the tattoo number 10 21 of the horse, the location of the barn and stall where 10 22 the treatment occurred, the race number of the horse, 10 23 the name of the trainer, and the time that thelasix10 24 furosemide was administered.LasixFurosemide shall 10 25 only be administered in a dose level of two hundred 10 26 fifty milligrams. 10 27 Sec. 24. Section 99F.1, Code Supplement 2003, is 10 28 amended by adding the following new subsection: 10 29 NEW SUBSECTION. 7A. "Excursion boat" means a 10 30 self-propelled, floating vessel that is or has been 10 31 previously certified by the United States coast guard 10 32 for operation as a vessel. 10 33 Sec. 25. Section 99F.1, subsection 8, Code 10 34 Supplement 2003, is amended to read as follows: 10 35 8. "Excursion gambling boat" meansa self-10 36propelledan excursion boat or moored barge on which 10 37 lawful gambling is authorized and licensed as provided 10 38 in this chapter. 10 39 Sec. 26. Section 99F.1, subsection 10, Code 10 40 Supplement 2003, is amended to read as follows: 10 41 10. "Gambling game" means any game of chance 10 42 authorized by the commission. However, for racetrack 10 43 enclosures, "gambling game" does not include table 10 44 games of chance or video machines which simulate table 10 45 games of chance, unless otherwise authorized by this 10 46 chapter. "Gambling game" does not include sports 10 47 betting. 10 48 Sec. 27. Section 99F.1, Code Supplement 2003, is 10 49 amended by adding the following new subsection: 10 50 NEW SUBSECTION. 10A. "Gaming floor" means that 11 1 portion of an excursion gambling boat or racetrack 11 2 enclosure in which gambling games are conducted as 11 3 designated by the commission. 11 4 Sec. 28. Section 99F.1, subsection 12, Code 11 5 Supplement 2003, is amended to read as follows: 11 6 12. "Holder of occupational license" means a 11 7 person licensed by the commission to perform an 11 8 occupation which the commission has identified as 11 9 requiring a license to engage in the excursion 11 10 gambling boatgamblingindustry in Iowa. 11 11 Sec. 29. Section 99F.1, Code Supplement 2003, is 11 12 amended by adding the following new subsection: 11 13 NEW SUBSECTION. 14A. "Moored barge" means a 11 14 floating barge or vessel that is not self-propelled. 11 15 Sec. 30. Section 99F.1, subsection 16, Code 11 16 Supplement 2003, is amended to read as follows: 11 17 16. "Racetrack enclosure" means all real property 11 18 utilized for the conduct of a race meeting, including 11 19 the racetrack, grandstand,clubhouse, turf club, or11 20other areas of a licensed racetrack which an11 21individual may enter only upon payment of an admission11 22fee, or upon payment by another, at any time, based11 23upon the individual's admittance, or upon presentation11 24of authorized credentials. "Racetrack enclosure" also11 25meansconcession stands, offices, barns, kennels and 11 26 barn areas, employee housing facilities, parking lots, 11 27 and any additional areas designated by the commission. 11 28 Sec. 31. Section 99F.4, subsection 2, Code 2003, 11 29 is amended to read as follows: 11 30 2. To license qualified sponsoring organizations, 11 31 to license the operators of excursion gambling boats, 11 32 to identify occupations within the excursion gambling 11 33 boat operations which require licensing, and to adopt 11 34 standards for licensing the occupations including 11 35 establishing fees for the occupational licenses and 11 36 licenses for qualified sponsoring organizations. The 11 37 fees shall be paid to the commission and deposited in 11 38 the general fund of the state. All revenue received 11 39 by the commission under this chapter from license fees 11 40 andadmissionregulatory fees shall be deposited in 11 41 the general fund of the state and shall be subject to 11 42 the requirements of section 8.60. 11 43 Sec. 32. Section 99F.4, subsection 6, Code 2003, 11 44 is amended to read as follows: 11 45 6. To investigate alleged violations of this 11 46 chapter or the commission rules, orders, or final 11 47 decisions and to take appropriate disciplinary action 11 48 against a licensee or a holder of an occupational 11 49 license for a violation, or institute appropriate 11 50 legal action for enforcement, or both. Information 12 1 gathered during an investigation is confidential 12 2 during the pendency of the investigation. 12 3 Sec. 33. Section 99F.4, subsection 18, Code 2003, 12 4 is amended to read as follows: 12 5 18. To provide for the continuous videotaping of 12 6 all gambling activities on an excursion gambling boat. 12 7 The videotaping shall be performed under guidelines 12 8 set by rule of the division of criminal investigation 12 9 and the rules may require that all or part of the 12 10 original tapes be submitted to the division on a 12 11 timely schedule. 12 12 Sec. 34. Section 99F.4, subsection 20, Code 2003, 12 13 is amended by striking the subsection. 12 14 Sec. 35. Section 99F.4, Code 2003, is amended by 12 15 adding the following new subsections: 12 16 NEW SUBSECTION. 23. To require licensees to 12 17 establish a process to allow a person to be 12 18 voluntarily excluded for life from an excursion 12 19 gambling boat and all other licensed facilities under 12 20 this chapter and chapter 99D. The process established 12 21 shall require that a licensee disseminate information 12 22 regarding persons voluntarily excluded to all 12 23 licensees under this chapter and chapter 99D. The 12 24 state and any licensee under this chapter or chapter 12 25 99D shall not be liable to any person for any claim 12 26 which may arise from this process. In addition to any 12 27 other penalty provided by law, any money or thing of 12 28 value that has been obtained by, or is owed to, a 12 29 voluntarily excluded person by a licensee as a result 12 30 of wagers made by the person after the person has been 12 31 voluntarily excluded shall not be paid to the person 12 32 but shall be deposited into the gambling treatment 12 33 fund created in section 135.150. 12 34 NEW SUBSECTION. 24. To approve a licensee's 12 35 application to operate as a moored barge, an excursion 12 36 boat that will cruise, or an excursion boat that will 12 37 not cruise, as submitted pursuant to section 99F.7. 12 38 NEW SUBSECTION. 25. To conduct a socioeconomic 12 39 study on the impact of gambling on Iowans, every eight 12 40 years beginning in calendar year 2008, and issue a 12 41 report on that study. The commission shall ensure 12 42 that the results of each study are readily accessible 12 43 to the public. 12 44 Sec. 36. Section 99F.4A, subsection 4, Code 2003, 12 45 is amended to read as follows: 12 46 4. The regulatory fee imposed in section 99D.14, 12 47 subsection 2, shall be collectedfor admission tofrom 12 48 a licensee of a racetrack enclosure where gambling 12 49 games are licensed to operate in lieu of theadmission12 50 regulatory fee imposed in section 99F.10. 13 1 Sec. 37. Section 99F.4A, subsection 8, Code 2003, 13 2 is amended by striking the subsection and inserting in 13 3 lieu thereof the following: 13 4 8. The commission shall, upon application of a 13 5 licensee of a pari-mutuel dog or horse racetrack 13 6 licensed to conduct gambling games at a pari-mutuel 13 7 racetrack enclosure, issue a license to the licensee 13 8 to conduct table games of chance, including video 13 9 machines that simulate table games of chance, at the 13 10 pari-mutuel racetrack enclosure subject to the 13 11 requirements of this subsection. The licensee shall 13 12 be granted a table games license by the commission 13 13 without conducting a separate referendum authorizing 13 14 table games upon a determination by the commission 13 15 that granting the license is economically viable. 13 16 Sec. 38. NEW SECTION. 99F.4D COUNTY DISTRIBUTION 13 17 OF REVENUES. 13 18 If a county receives a portion of revenues from 13 19 gambling games from a licensee of a racetrack 13 20 enclosure that conducts gambling games, the county, 13 21 subject to any agreement in existence as of the 13 22 effective date of this section of this Act, shall 13 23 distribute to cities in the county an amount equal to 13 24 ten percent of the payments to be made each fiscal 13 25 year to the owner of the facility by the lessee of the 13 26 facility, to be distributed to the cities based upon 13 27 the proportion of the total actual value of all tax- 13 28 exempt property in the county which is located within 13 29 cities in the county. The distribution to each city 13 30 in the county shall be determined by the county 13 31 assessor by multiplying the total amount to be paid by 13 32 the owner of the facility to all cities in the county 13 33 by the percentage of the actual value of tax-exempt 13 34 property located in each city as a proportion of the 13 35 total actual value of all tax-exempt property located 13 36 in all cities in the county. 13 37 Sec. 39. Section 99F.5, subsection 1, Code 2003, 13 38 is amended to read as follows: 13 39 1. A qualified sponsoring organization may apply 13 40 to the commission for a license to conduct gambling 13 41 games on an excursion gambling boat as provided in 13 42 this chapter. A person may apply to the commission 13 43 for a license to operate an excursion gambling boat. 13 44 An operating agreement entered into on or after the 13 45 effective date of this section of this Act between a 13 46 qualified sponsoring organization and an operator 13 47 shall provide for a minimum distribution by the 13 48 qualified sponsoring organization for educational, 13 49 civic, public, charitable, patriotic, or religious 13 50 uses as defined in section 99B.7, subsection 3, 14 1 paragraph "b", that averages at least three percent of 14 2 the adjusted gross receipts for each license year. 14 3 The application shall be filed with the administrator 14 4 of the commission at least ninety days before the 14 5 first day of the next excursion season as determined 14 6 by the commission, shall identify the excursion 14 7 gambling boat upon which gambling games will be 14 8 authorized, shall specify the exact location where the 14 9 excursion gambling boat will be docked, and shall be 14 10 in a form and contain information as the commission 14 11 prescribes. The minimum passenger capacity of an 14 12 excursion gambling boat is two hundred fifty persons. 14 13 Sec. 40. Section 99F.6, subsection 4, paragraph a, 14 14 Code Supplement 2003, is amended to read as follows: 14 15 a. Before a license is granted, the division of 14 16 criminal investigation of the department of public 14 17 safety shall conduct a thorough background 14 18 investigation of the applicant for a license to 14 19 operate a gambling game operation on an excursion 14 20 gambling boat. The applicant shall provide 14 21 information on a form as required by the division of 14 22 criminal investigation. A qualified sponsoring 14 23 organization licensed to operate gambling games under 14 24 this chapter shall distribute the receipts of all 14 25 gambling games, less reasonable expenses, charges, 14 26 taxes, fees, and deductions allowed under this 14 27 chapter, as winnings to players or participants or 14 28 shall distribute the receipts for educational, civic, 14 29 public, charitable, patriotic, or religious uses as 14 30 defined in section 99B.7, subsection 3, paragraph "b". 14 31 However, a licensee to conduct gambling games under 14 32 this chapter shall, unless an operating agreement for 14 33 an excursion gambling boat otherwise provides, 14 34 distribute at least three percent of the adjusted 14 35 gross receipts for each license year for educational, 14 36 civic, public, charitable, patriotic, or religious 14 37 uses as defined in section 99B.7, subsection 3, 14 38 paragraph "b". However, if a licensee who is also 14 39 licensed to conduct pari-mutuel wagering at a horse 14 40 racetrack has unpaid debt from the pari-mutuel 14 41 racetrack operations, the first receipts of the 14 42 gambling games operated within the racetrack enclosure 14 43 less reasonable operating expenses, taxes, and fees 14 44 allowed under this chapter shall be first used to pay 14 45 the annual indebtedness. The commission shall 14 46 authorize, subject to the debt payments for horse 14 47 racetracks and the provisions of paragraph "b" for dog 14 48 racetracks, a licensee who is also licensed to conduct 14 49 pari-mutuel dog or horse racing to use receipts from 14 50 gambling games within the racetrack enclosure to 15 1 supplement purses for races particularly for Iowa-bred 15 2 horses pursuant to an agreement which shall be 15 3 negotiated between the licensee and representatives of 15 4 the dog or horse owners. For each agreement 15 5 concerning purses for horse racing beginning on or 15 6 after January 1, 2006, and ending before January 1, 15 7 2013, the agreement shall provide that total annual 15 8 purses for horse racing at every racetrack enclosure 15 9 within Polk county shall be no less than eleven 15 10 percent of the first one hundred ninety-five million 15 11 dollars of net receipts, and six percent of net 15 12 receipts above one hundred ninety-five million 15 13 dollars. In addition, each agreement concerning 15 14 purses for horse racing covering any time period 15 15 within the time period beginning January 1, 2006, and 15 16 ending December 31, 2020, shall provide that no less 15 17 than twenty percent of total annual purses for horse 15 18 racing shall be used to supplement purses for Iowa- 15 19 foaled and registered horses and that the total annual 15 20 purses for each horse breed that races shall be the 15 21 greater of the total annual purse for that breed for 15 22 calendar year 2005 or sixteen percent of the total 15 23 annual purses for horse racing. A qualified 15 24 sponsoring organization shall not make a contribution 15 25 to a candidate, political committee, candidate's 15 26 committee, state statutory political committee, county 15 27 statutory political committee, national political 15 28 party, or fund-raising event as these terms are 15 29 defined in section 68A.102. The membership of the 15 30 board of directors of a qualified sponsoring 15 31 organization shall represent a broad interest of the 15 32 communities. For purposes of this paragraph, "net 15 33 receipts" means the annual adjusted gross receipts 15 34 from all gambling games less the annual amount of 15 35 money pledged by the owner of the facility to fund a 15 36 project approved to receive vision Iowa funds as of 15 37 July 1, 2004, and less an amount equal to ten percent 15 38 of the payments to be made each fiscal year to the 15 39 owner of the facility by the lessee of the facility, 15 40 and less ten million dollars. 15 41 Sec. 41. Section 99F.7, subsection 1, Code 2003, 15 42 is amended to read as follows: 15 43 1. If the commission is satisfied that this 15 44 chapter and its rules adopted under this chapter 15 45 applicable to licensees have been or will be complied 15 46 with, the commission shall issue a license for a 15 47 period of not more than three years to an applicant to 15 48 own a gambling game operation and to an applicant to 15 49 operate an excursion gambling boat. However, the 15 50 commission shall not issue more than five additional 16 1 licenses to conduct gambling games under this chapter 16 2 in addition to the number of licenses issued as of 16 3 January 1, 2004, and such licenses shall only be 16 4 issued for a facility to be located in a county in 16 5 which no other licenses under this chapter have been 16 6 granted and to be located more than fifty miles from a 16 7 facility to which a license to conduct gambling games 16 8 has been granted under this chapter. The commission 16 9 shall decide which of the gambling games authorized 16 10 under this chapteritthe commission will permit. The 16 11 commission shall decide the number, location, and type 16 12 of excursion gambling boats licensed under this 16 13 chapter for operation on the rivers, lakes, and 16 14 reservoirs of this state. An excursion gambling boat 16 15 may be located or operated on a natural or man-made 16 16 lake or reservoir if the lake or reservoir is of 16 17 sufficient size to accommodate recreational activity. 16 18 An excursion gambling boat may also be located on a 16 19 body of water adjacent to a river, provided it is 16 20 located no more than one thousand feet from the 16 21 closest edge of the river, as established by the 16 22 commission in consultation with the United States army 16 23 corps of engineers, the department of natural 16 24 resources, or other appropriate regulatory agency. 16 25 The license shall set forth, as applicable, the name 16 26 of the licensee, the type of license granted, the 16 27 place where the excursion gambling boats will operate 16 28 and dock, and the time and number of days during the 16 29 excursion season and the off season when gambling may 16 30 be conducted by the licensee.The16 31 1A. An applicant for a license to conduct gambling 16 32 games on an excursion gambling boat, and each licensee 16 33 by June 30 of each year thereafter, shall indicate and 16 34 have noted on the license whether the applicant or 16 35 licensee will operate a moored barge, an excursion 16 36 boat that will cruise, or an excursion boat that will 16 37 not cruise. However, an applicant or licensee shall 16 38 not be authorized to operate a moored barge or an 16 39 excursion boat that will not cruise unless all other 16 40 licensees that are located in the same county have 16 41 agreed in writing to such authorization. If the 16 42 applicant or licensee will operate a moored barge or 16 43 an excursion boat that will not cruise, the 16 44 requirements of this chapter concerning cruising shall 16 45 not apply. If the applicant's or licensee's excursion 16 46 boat will cruise, the applicant or licensee shall 16 47 comply with the cruising requirements of this chapter 16 48 and the commission shall not allow such a licensee to 16 49 conduct gambling games on an excursion gambling boat 16 50 while docked during the off season if the licensee 17 1 does not operate gambling excursions for a minimum 17 2 number of days during the excursion season. The 17 3 commission may delay the commencement of the excursion 17 4 season at the request of a licensee. 17 5 Sec. 42. Section 99F.7, subsection 3, Code 2003, 17 6 is amended to read as follows: 17 7 3. The commission shall require, as a condition of 17 8 granting a license, that an applicant to operate an 17 9 excursion gambling boat develop, and as nearly as 17 10 practicable, recreate boats or moored barges that 17 11 resemble Iowa's riverboat history. 17 12 Sec. 43. Section 99F.7, subsection 4, Code 2003, 17 13 is amended to read as follows: 17 14 4. The commission shall require that an applicant 17 15 utilize Iowa resources, goods and services in the 17 16 operation of an excursion gambling boat. The 17 17 commission shall develop standards to assure that a 17 18 substantial amount of all resources and goods used in 17 19 the operation of an excursion gambling boatcome17 20 emanate from and are made in Iowa and that a 17 21 substantial amount of all services and entertainment 17 22beare provided by Iowans. 17 23 Sec. 44. Section 99F.7, subsection 5, paragraph b, 17 24 Code 2003, is amended by striking the paragraph. 17 25 Sec. 45. Section 99F.7, subsection 6, Code 2003, 17 26 is amended to read as follows: 17 27 6. It is the intent of the general assembly that 17 28 employees be paid at least twenty-five percent above 17 29 the federal minimum wage level. However, full-time 17 30 employees at a facility of a licensee issued a license 17 31 on or after July 1, 2004, shall be paid wages no less 17 32 than one hundred percent of the average regional wage 17 33 where the facility is located, as determined by the 17 34 department of economic development. 17 35 Sec. 46. Section 99F.7, subsection 9, Code 2003, 17 36 is amended to read as follows: 17 37 9. a. A licensee shall not loan to any person 17 38 money or any other thing of value for the purpose of 17 39 permitting that person to wager on any game of chance. 17 40 b. A licensee shall not permit a financial 17 41 institution, vendor, or other person to dispense cash 17 42 or credit through an electronic or mechanical device 17 43 including but not limited to a satellite terminal, as 17 44 defined in section 527.2, that is located on the 17 45 gaming floor. 17 46 c. A licensee shall ensure that a person may 17 47 voluntarily bar the person's access to receive cash or 17 48 credit from a financial institution, vendor, or other 17 49 person through an electronic or mechanical device 17 50 including but not limited to a satellite terminal as 18 1 defined in section 527.2 that is located on the 18 2 licensed premises. 18 3 Sec. 47. Section 99F.7, subsection 10, paragraph 18 4 e, Code 2003, is amended to read as follows: 18 5 e. After a referendum has been held which defeated 18 6 a proposal to conduct gambling games on excursion 18 7 gambling boats or which defeated a proposal to conduct 18 8 gambling games at a licensed pari-mutuel racetrack 18 9 enclosure as provided in this section, another 18 10 referendum on a proposal to conduct gambling games on 18 11 an excursion gambling boat or at a licensed pari- 18 12 mutuel racetrack shall not be held for at leasttwo18 13 eight years. 18 14 Sec. 48. Section 99F.7, Code 2003, is amended by 18 15 adding the following new subsection: 18 16 NEW SUBSECTION. 14A. A license shall not be 18 17 granted to a qualifying sponsoring organization unless 18 18 the qualified sponsoring organization adopts bylaws, 18 19 which shall be filed with the commission, establishing 18 20 conflicts-of-interest provisions governing the 18 21 qualified sponsoring organization substantially 18 22 similar to section 68B.2A. A license shall also not 18 23 be granted to a qualified sponsoring organization if 18 24 substantial evidence exists that the officers and 18 25 members of the board of directors of the qualified 18 26 sponsoring organization have not complied with the 18 27 conflicts-of-interest provisions adopted by the 18 28 qualified sponsoring organization. 18 29 Sec. 49. Section 99F.9, subsection 5, Code 2003, 18 30 is amended to read as follows: 18 31 5. A person under the age of twenty-one years 18 32 shall not make or attempt to make a wager on an 18 33 excursion gambling boat or in a racetrack enclosure 18 34 and shall not be allowedin the areaon the gaming 18 35 floor ofthean excursion gambling boatwhere gambling18 36is being conductedor of a racetrack enclosure. 18 37 However, a person eighteen years of age or older may 18 38 be employed to workin a gambling areaon the gaming 18 39 floor of an excursion gambling boat or a racetrack 18 40 enclosure. A person who violates this subsection with 18 41 respect to making or attempting to make a wager 18 42 commits a scheduled violation under section 805.8C, 18 43 subsection 4. 18 44 Sec. 50. Section 99F.10, Code 2003, is amended to 18 45 read as follows: 18 46 99F.10ADMISSIONREGULATORY FEE – TAX – LOCAL 18 47 FEES. 18 48 1. A qualified sponsoring organization conducting 18 49 gambling games on an excursion gambling boat licensed 18 50 under section 99F.7 shall pay the tax imposed by 19 1 section 99F.11. 19 2 2. An excursion gambling boat licensee shall pay 19 3 to the commissionan admissiona regulatory feefor19 4each person embarking on an excursion gambling boat19 5with a ticket of admissionto be charged as provided 19 6 in this section.The admission fee shall be set by19 7the commission.19 8a. If tickets are issued which are good for more19 9than one excursion, the admission fee shall be paid19 10for each person using the ticket on each excursion19 11that the ticket is used.19 12b. If free passes or complimentary admission19 13tickets are issued, the licensee shall pay the same19 14fee upon these passes or complimentary tickets as if19 15they were sold at the regular and usual admission19 16rate.19 17c. However, the excursion boat licensee may issue19 18fee-free passes to actual and necessary officials and19 19employees of the licensee or other persons actually19 20working on the excursion gambling boat.19 21d. The issuance of fee-free passes is subject to19 22the rules of the commission, and a list of all persons19 23to whom the fee-free passes are issued shall be filed19 24with the commission.19 25 3.In addition to the admission fee charged under19 26subsection 2 and subjectSubject to approval of 19 27 excursion gambling boat docking by the voters, a city 19 28 may adopt, by ordinance, an admission fee not 19 29 exceeding fifty cents for each person embarking on an 19 30 excursion gambling boat docked within the city or a 19 31 county may adopt, by ordinance, an admission fee not 19 32 exceeding fifty cents for each person embarking on an 19 33 excursion gambling boat docked outside the boundaries 19 34 of a city. The admission revenue received by a city 19 35 or a county shall be credited to the city general fund 19 36 or county general fund as applicable. 19 37 4. In determining the license fees and state 19 38admissionregulatory fees to be charged as provided 19 39 under section 99F.4 and this section, the commission 19 40 shall use the amount appropriated to the commission 19 41 plus the cost of salaries for no more than two special 19 42 agents and no more than four gaming enforcement 19 43 officers for each excursion gambling boat, plus any 19 44 direct and indirect support costs for the agents and 19 45 officers, for the division of criminal investigation's 19 46 excursion gambling boat activitiesand an amount for19 47all licensees, not to exceed one hundred twenty-five19 48thousand dollars, representing other associated costs19 49of the division, as the basis for determining the 19 50 amount of revenue to be raised from the license fees 20 1 andadmissionregulatory fees.The division's salary20 2costs shall be limited to eighty percent of the salary20 3costs for special agents and eighty percent of the20 4salary costs for gaming enforcement for personnel20 5assigned to excursion gambling boats who enforce laws20 6and rules adopted by the commission.20 7 5. No other license tax, permit tax, occupation 20 8 tax, excursion fee, or taxes on fees shall be levied, 20 9 assessed, or collected from a licensee by the state or 20 10 by a political subdivision, except as provided in this 20 11 chapter. 20 12 6. No other excise tax shall be levied, assessed, 20 13 or collected from the licensee relating to gambling 20 14 excursions or admission charges by the state or by a 20 15 political subdivision, except as provided in this 20 16 chapter. 20 17 7. In addition to any other fees required by this 20 18 chapter, a person awarded a new license to conduct 20 19 gambling games pursuant to section 99F.7 on or after 20 20 January 1, 2004, shall pay an initial license fee of 20 21 ten million dollars to the commission which license 20 22 fee may be offset by the licensee against taxes 20 23 imposed on the licensee by section 99F.11, to the 20 24 extent of twenty percent of the licensee fee paid 20 25 pursuant to this subsection for each of the five years 20 26 following the year in which the initial license fee 20 27 was paid. If the commission determines, pursuant to 20 28 rules adopted by the commission, that insufficient 20 29 progress has been made by the licensee in constructing 20 30 a facility, the licensee shall either pay an annual 20 31 renewal fee of ten million dollars until sufficient 20 32 progress has been made or forfeit the license. 20 33 However, the license fee provided for in this 20 34 subsection shall not apply when a licensed facility is 20 35 sold and a new license is issued to the purchaser. 20 36 Fees paid pursuant to this subsection are not 20 37 refundable to the licensee. 20 38 Sec. 51. Section 99F.11, Code Supplement 2003, is 20 39 amended to read as follows: 20 40 99F.11 WAGERING TAX – RATE – ALLOCATIONS. 20 41 1. A tax is imposed on the adjusted gross receipts 20 42 receivedannuallyeach fiscal year from gambling games 20 43 authorized under this chapter at the rate of five 20 44 percent on the first one million dollars of adjusted 20 45 gross receipts,and at the rate of ten percent on the 20 46 next two million dollars of adjusted gross receipts.,20 47and at the rate of twenty percent20 48 2. The tax rate imposed each fiscal year on any 20 49 amount of adjusted gross receipts over three million 20 50 dollars. However, beginning January 1, 1997, the rate21 1on any amount of adjusted gross receipts over three21 2million dollars from gambling games at racetrack21 3enclosures is twenty-two percent and shall increase by21 4two percent each succeeding calendar year until the21 5rate is thirty-six percent.shall be as follows: 21 6 a. On the next fifteen million dollars of adjusted 21 7 gross receipts, twenty-one percent. 21 8 b. On the next fifteen million dollars of adjusted 21 9 gross receipts, twenty-two percent. 21 10 c. On the next fifteen million dollars of adjusted 21 11 gross receipts, twenty-three percent. 21 12 d. On the next fifteen million dollars of adjusted 21 13 gross receipts, twenty-four percent. 21 14 e. On any amount of adjusted gross receipts over 21 15 sixty-three million dollars, twenty-five percent. 21 16 3. The taxes imposed by this section shall be paid 21 17 by the licensee to the treasurer of state within ten 21 18 days after the close of the day when the wagers were 21 19 made and shall be distributed as follows: 21 201.a. If the gambling excursion originated at a 21 21 dock located in a city, one-half of one percent of the 21 22 adjusted gross receipts shall be remitted to the 21 23 treasurer of the city in which the dock is located and 21 24 shall be deposited in the general fund of the city. 21 25 Another one-half of one percent of the adjusted gross 21 26 receipts shall be remitted to the treasurer of the 21 27 county in which the dock is located and shall be 21 28 deposited in the general fund of the county. 21 292.b. If the gambling excursion originated at a 21 30 dock located in a part of the county outside a city, 21 31 one-half of one percent of the adjusted gross receipts 21 32 shall be remitted to the treasurer of the county in 21 33 which the dock is located and shall be deposited in 21 34 the general fund of the county. Another one-half of 21 35 one percent of the adjusted gross receipts shall be 21 36 remitted to the treasurer of the Iowa city nearest to 21 37 where the dock is located and shall be deposited in 21 38 the general fund of the city. 21 393.c.Three-tenthsOne-half of one percent of the 21 40 adjusted gross receipts shall be deposited in the 21 41 gambling treatment fundspecified in section 99G.39,21 42subsection 1, paragraph "a"created in section 21 43 135.150. 21 44 d. One-half of one percent of the adjusted gross 21 45 receipts shall be deposited in the county endowment 21 46 fund created in section 15E.311. 21 474.e. The remaining amount of the adjusted gross 21 48 receipts tax shall be credited to the general fund of 21 49 the state. 21 50 Sec. 52. Section 99F.12, Code 2003, is amended to 22 1 read as follows: 22 2 99F.12 LICENSEES – RECORDS – REPORTS – 22 3 SUPERVISION. 22 4 1. A licensee shall keep its books and records so 22 5 as to clearly show all of the following: 22 61.a. The total number of admissionsto gambling22 7excursions conducted by the licensee on each day,22 8including the number of admissions upon free passes or22 9complimentary ticketsfor each day of operation. 22 102.b.The amount received daily from admission22 11fees.22 123.The total amount of money wageredduring each22 13excursion dayand the adjusted gross receipts forthe22 14 each day of operation. 22 15 2. The licensee shall furnish to the commission 22 16 reports and information as the commission may require 22 17 with respect to its activities. The gross receipts 22 18 and adjusted gross receipts from gambling shall be 22 19 separately handled and accounted for from all other 22 20 moneys received from operation of an excursion 22 21 gambling boat. The commission may designate a 22 22 representative to board a licensed excursion gambling 22 23 boat, who shall have full access to all places within 22 24 the enclosure of the boat, who shall directly 22 25 supervise the handling and accounting of all gross 22 26 receipts and adjusted gross receipts from gambling, 22 27 and who shall supervise and check the admissions. The 22 28 compensation of a representative shall be fixed by the 22 29 commission but shall be paid by the licensee. 22 30 3. The books and records kept by a licensee as 22 31 provided by this section are public records and the 22 32 examination, publication, and dissemination of the 22 33 books and records are governed by the provisions of 22 34 chapter 22. 22 35 Sec. 53. Section 99F.17, subsections 5 and 6, Code 22 36 2003, are amended to read as follows: 22 37 5. The manufacturer or distributor of gambling 22 38 games or implements of gambling shall provide the 22 39 commission witha copy of the invoicewritten notice 22 40 showing the items shipped to the licenseeand a copy22 41of the bill of lading. 22 42 6. Subsection 2 does not apply in the following 22 43 cases, if approved by the commission: 22 44 a. Gambling games or implements of gambling 22 45 previously installedon an excursion gambling boatin 22 46 a gambling location licensed in another jurisdiction. 22 47 b. Gambling games or implements of gambling 22 48 previously installedon an excursion gambling boatin 22 49 a gambling location licensed in this state. 22 50 Sec. 54. Section 99G.39, subsection 1, paragraph 23 1 a, Code Supplement 2003, is amended to read as 23 2 follows: 23 3 a. An amount equal tothree-tenthsone-half of one 23 4 percent of the gross lottery revenue for the year 23 5 shall be deposited inathe gambling treatment fundin23 6the office of the treasurer of statecreated in 23 7 section 135.150. 23 8 Sec. 55. NEW SECTION. 135.150 GAMBLING TREATMENT 23 9 FUND. 23 10 1. A gambling treatment fund is created in the 23 11 state treasury under the control of the department. 23 12 The fund consists of all moneys appropriated to the 23 13 fund. However, if moneys appropriated to the fund in 23 14 a fiscal year exceed six million dollars, the amount 23 15 exceeding six million dollars shall be transferred to 23 16 the general fund of the state. Moneys in the fund are 23 17 appropriated to the department for the purposes 23 18 described in this section. 23 19 2. Moneys appropriated to the department under 23 20 this section shall be for the purpose of operating a 23 21 gambling treatment program and shall be used for 23 22 funding of administrative costs and to provide 23 23 programs which may include, but are not limited to, 23 24 outpatient and follow-up treatment for persons 23 25 affected by problem gambling, rehabilitation and 23 26 residential treatment programs, information and 23 27 referral services, information on the availability of 23 28 mental health coverage as provided by section 514C.21, 23 29 crisis call access, education and preventive services, 23 30 and financial management and credit counseling 23 31 services. 23 32 3. Notwithstanding section 12C.7, subsection 2, 23 33 interest or earnings on moneys deposited in the 23 34 gambling treatment fund shall be credited to the 23 35 gambling treatment fund. Notwithstanding section 23 36 8.33, moneys credited to the gambling treatment fund 23 37 shall not revert to the fund from which appropriated 23 38 at the close of a fiscal year. 23 39 4. The department shall report semiannually to the 23 40 legislative government oversight committees regarding 23 41 the operation of the gambling treatment fund and 23 42 program. The report shall include, but is not limited 23 43 to, information on revenues and expenses related to 23 44 the fund for the previous period, fund balances for 23 45 the period, and moneys expended and grants awarded for 23 46 operation of the gambling treatment program. 23 47 Sec. 56. Section 421.17, Code Supplement 2003, is 23 48 amended by adding the following new subsection: 23 49 NEW SUBSECTION. 28. To administer the county 23 50 endowment fund created in section 15E.311. 24 1 Sec. 57. NEW SECTION. 514C.21 MANDATED COVERAGE 24 2 FOR MENTAL HEALTH CONDITIONS. 24 3 1. For purposes of this section, unless the 24 4 context otherwise requires: 24 5 a. "Mental health condition" means a condition or 24 6 disorder involving mental illness, gambling addiction, 24 7 or alcohol or substance abuse, including those that 24 8 fall under any of the diagnostic categories listed in 24 9 the mental disorders section of the international 24 10 classification of disease, as periodically revised. 24 11 b. "Rates, terms, and conditions" means any 24 12 lifetime payment limits, deductibles, copayments, 24 13 coinsurance, and any other cost-sharing requirements, 24 14 out-of-pocket limits, visit limitations, and any other 24 15 financial component of benefits coverage that affects 24 16 the covered individual. 24 17 2. a. Notwithstanding section 514C.6, a policy or 24 18 contract providing for third-party payment or 24 19 prepayment of health or medical expenses shall provide 24 20 coverage benefits for mental health conditions based 24 21 on rates, terms, and conditions which are no more 24 22 restrictive than the rates, terms, and conditions for 24 23 coverage benefits provided for other health or medical 24 24 conditions under the policy or contract. 24 25 Additionally, any rates, terms, and conditions 24 26 involving deductibles, copayments, coinsurance, and 24 27 any other cost-sharing requirements shall be 24 28 cumulative for coverage of both mental health 24 29 conditions and other health or medical conditions 24 30 under the policy or contract. 24 31 b. Coverage required under this subsection shall 24 32 be as follows: 24 33 (1) For the treatment of mental illness, coverage 24 34 shall be for services provided by a licensed mental 24 35 health professional, or services provided in a 24 36 licensed hospital or health facility. 24 37 (2) For the treatment of alcohol or substance 24 38 abuse, coverage shall be for services provided by a 24 39 substance abuse counselor, as approved by the 24 40 department of human services, a licensed health 24 41 facility providing a program for the treatment of 24 42 alcohol or substance abuse approved by the department 24 43 of human services, or a substance abuse treatment and 24 44 rehabilitation facility, as licensed by the department 24 45 of public health pursuant to chapter 125. 24 46 3. This section applies to the following classes 24 47 of third-party payment provider contracts or policies 24 48 delivered, issued for delivery, continued, or renewed 24 49 in this state on or after January 1, 2005: 24 50 a. Individual or group accident and sickness 25 1 insurance providing coverage on an expense-incurred 25 2 basis. 25 3 b. An individual or group hospital or medical 25 4 service contract issued pursuant to chapter 509, 514, 25 5 or 514A. 25 6 c. A plan established pursuant to chapter 509A for 25 7 public employees. 25 8 d. An individual or group health maintenance 25 9 organization contract regulated under chapter 514B. 25 10 e. An individual or group Medicare supplemental 25 11 policy, unless coverage pursuant to such policy is 25 12 preempted by federal law. 25 13 f. Any other entity engaged in the business of 25 14 insurance, risk transfer, or risk retention, which is 25 15 subject to the jurisdiction of the commissioner. 25 16 g. An organized delivery system licensed by the 25 17 director of public health. 25 18 4. The commissioner shall adopt rules to 25 19 administer this section after consultation with the 25 20 mental health insurance advisory committee. 25 21 a. The commissioner shall appoint members to a 25 22 mental health insurance advisory committee. Members 25 23 shall include all sectors of society impacted by 25 24 issues associated with coverage of mental health 25 25 treatment by third-party payors including, but not 25 26 limited to, representatives of the insurance industry, 25 27 small and large employers, employee representatives 25 28 including labor, individual consumers, health care 25 29 providers, and other groups and individuals that may 25 30 be identified by the insurance division of the 25 31 department of commerce. 25 32 b. The committee shall meet upon the request of 25 33 the commissioner to review rules proposed under this 25 34 section by the commissioner, and to make suggestions 25 35 as appropriate. 25 36 Sec. 58. NEW SECTION. 725.19 GAMBLING BY MINORS. 25 37 1. Any person under the age of twenty-one years 25 38 shall not make or attempt to make a gambling wager, 25 39 except as permitted under chapter 99B. A person who 25 40 violates this subsection commits a scheduled violation 25 41 under section 805.8C, subsection 4. 25 42 2. A person who knowingly permits a person under 25 43 the age of twenty-one years to make or attempt to make 25 44 a gambling wager, except as permitted under chapter 25 45 99B, is guilty of a simple misdemeanor. 25 46 Sec. 59. Section 805.8C, Code 2003, is amended by 25 47 adding the following new subsection: 25 48 NEW SUBSECTION. 4. GAMBLING VIOLATIONS. For 25 49 violations of legal age for gambling wagering under 25 50 section 99D.11, subsection 7, section 99F.9, 26 1 subsection 5, and section 725.19, subsection 1, the 26 2 scheduled fine is five hundred dollars. Failure to 26 3 pay the fine by a person under the age of eighteen 26 4 shall not result in the person being detained in a 26 5 secure facility. 26 6 Sec. 60. Sections 99D.14A and 99F.10A, Code 2003, 26 7 are repealed. 26 8 Sec. 61. SOCIOECONOMIC STUDY OF GAMBLING. 26 9 1. The legislative council shall commission a 26 10 study by an independent entity to study the 26 11 socioeconomic impact of gambling on Iowans. The 26 12 legislative council is authorized to expend up to one 26 13 hundred thousand dollars to complete the study. The 26 14 legislative council shall make the report available by 26 15 July 1, 2005. 26 16 2. The study shall be an empirical study and 26 17 include, but not be limited to, the following matters: 26 18 a. The economic impact of gambling on communities 26 19 and other businesses. 26 20 b. The impact of gambling, if any, on family 26 21 finances and family relations in general. 26 22 c. Demographic information on gamblers. 26 23 d. An assessment of the impact, if any, of 26 24 pathological or problem gambling on individuals, 26 25 families, social institutions, criminal activity, and 26 26 the economy. 26 27 e. Other relevant issues to fully examine the 26 28 socioeconomic impact of gambling. 26 29 Sec. 62. TRANSITION PROVISIONS – EXCURSION 26 30 GAMBLING BOAT CRUISING. A licensee authorized to 26 31 conduct gambling games on an excursion gambling boat 26 32 pursuant to chapter 99F as of January 1, 2004, shall, 26 33 no later than June 1, 2004, notify the racing and 26 34 gaming commission in writing if the licensee intends 26 35 to operate a moored barge, an excursion boat that will 26 36 cruise, or an excursion boat that will not cruise. 26 37 However, a licensee shall not be authorized to notify 26 38 the commission that it intends to operate a moored 26 39 barge or an excursion boat that will not cruise unless 26 40 all other licensees that are located in the same 26 41 county have agreed in writing to such authorization. 26 42 The racing and gaming commission shall make the 26 43 election of each licensee under this section public by 26 44 June 7, 2004. A licensee who initially elects to 26 45 operate a moored barge or an excursion boat that will 26 46 not cruise may, no later than June 30, 2004, change 26 47 its election and elect to operate an excursion boat 26 48 that will cruise. 26 49 Sec. 63. EFFECTIVE DATE – RETROACTIVE 26 50 APPLICABILITY. 27 1 1. The section of this Act amending section 99D.6 27 2 takes effect April 1, 2004. If this Act is enacted 27 3 after April 1, 2004, the section of this Act amending 27 4 section 99D.6, being deemed of immediate importance, 27 5 takes effect upon enactment and is retroactively 27 6 applicable to April 1, 2004, and is applicable on and 27 7 after that date. 27 8 2. The section of this Act amending section 27 9 99D.25, subsection 5, takes effect April 1, 2004. If 27 10 this Act is enacted after April 1, 2004, the section 27 11 of this Act amending section 99D.25, subsection 5, 27 12 being deemed of immediate importance, takes effect 27 13 upon enactment and is retroactively applicable to 27 14 April 1, 2004, and is applicable on and after that 27 15 date. 27 16 3. The section of this Act enacting section 27 17 99F.4D, being deemed of immediate importance, takes 27 18 effect upon enactment. 27 19 4. The section of this Act amending section 99F.5, 27 20 subsection 1, being deemed of immediate importance, 27 21 takes effect upon enactment. 27 22 5. The section of this Act amending section 99F.7, 27 23 subsection 10, paragraph "e", takes effect July 1, 27 24 2004, and is only applicable to referendums held on or 27 25 after July 1, 2004. 27 26 6. The section of this Act requiring a 27 27 socioeconomic study of gambling, being deemed of 27 28 immediate importance, takes effect upon enactment. 27 29 7. The section of this Act establishing transition 27 30 provisions concerning excursion gambling boat 27 31 cruising, being deemed of immediate importance, takes 27 32 effect upon enactment." 27 33 # . Title page, line 5, by striking the words 27 34 "membership and". 27 35 # . Title page, line 6, by inserting after the 27 36 word "gambling" the following: "and mental health 27 37 treatment, gambling"." 27 38 27 39 27 40 27 41 JOCHUM of Dubuque 27 42 HF 2302.349 80 27 43 ec/cf
Text: H08135 Text: H08137 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2004 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 25 03:30:55 CST 2004
URL: /DOCS/GA/80GA/Legislation/H/08100/H08136/040224.html
jhf