Text: H08567 Text: H08569 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2302, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 15E.311 COUNTY 1 6 ENDOWMENT FUND. 1 7 1. The purpose of this section is to enhance the 1 8 quality of life for citizens of Iowa by providing 1 9 moneys to new or existing citizen groups of this state 1 10 organized to establish county affiliate funds or 1 11 community foundations that will address countywide 1 12 needs. 1 13 2. A county endowment fund is created in the state 1 14 treasury under the control of the department of 1 15 revenue. The fund consists of all moneys appropriated 1 16 to the fund. Moneys in the fund shall be distributed 1 17 by the department as provided in this section. 1 18 3. a. At the end of each fiscal year, moneys in 1 19 the fund shall be transferred into separate accounts 1 20 within the fund and designated for use by each county 1 21 in which no licensee authorized to conduct gambling 1 22 games under chapter 99F was located during that fiscal 1 23 year. Moneys transferred to county accounts shall be 1 24 divided equally among the counties. Moneys 1 25 transferred into an account for a county shall be 1 26 transferred by the department to an eligible county 1 27 recipient for that county. Of the moneys transferred, 1 28 an eligible county recipient shall distribute seventy- 1 29 five percent of the moneys as grants to charitable 1 30 organizations for educational, civic, public, 1 31 charitable, patriotic, or religious uses, as defined 1 32 in section 99B.7, subsection 3, paragraph "b", in that 1 33 county and shall retain twenty-five percent of the 1 34 moneys for use in establishing a permanent endowment 1 35 fund for the benefit of charitable organizations for 1 36 educational, civic, public, charitable, patriotic, or 1 37 religious uses, as defined in section 99B.7, 1 38 subsection 3, paragraph "b". 1 39 b. If a county does not have an eligible county 1 40 recipient, moneys in the account for that county shall 1 41 remain in that account until an eligible county 1 42 recipient for that county is established. 1 43 c. For purposes of this subsection, an "eligible 1 44 county recipient" means a qualified community 1 45 foundation or community affiliate organization, as 1 46 defined in section 15E.303, that is selected, in 1 47 accordance with the procedures described in section 1 48 15E.304, to receive moneys from an account created in 1 49 this section for a particular county. To be selected 1 50 as an eligible county recipient, a community affiliate 2 1 organization shall establish a county affiliate fund 2 2 to receive moneys as provided by this section. 2 3 4. Notwithstanding section 12C.7, subsection 2, 2 4 interest or earnings on moneys deposited in the county 2 5 endowment fund shall be credited to the county 2 6 endowment fund. Notwithstanding section 8.33, moneys 2 7 credited to the county endowment fund shall not revert 2 8 at the close of a fiscal year. 2 9 Sec. 2. Section 99D.2, subsection 8, Code 2003, is 2 10 amended to read as follows: 2 11 8. "Racetrack enclosure" means all real property 2 12 utilized for the conduct of a race meeting, including 2 13 the racetrack, grandstand,clubhouse, turf club or2 14other areas of a licensed racetrack which a person may2 15enter only upon payment of an admission fee, or upon2 16payment by another, at any time, based upon the2 17person's admittance, or upon presentation of2 18authorized credentials. "Racetrack enclosure" also2 19meansconcession stands, offices, barns, kennels and 2 20 barn areas, employee housing facilities, parking lots, 2 21 and any additional areas designated by the commission. 2 22 Sec. 3. Section 99D.2, Code 2003, is amended by 2 23 adding the following new subsection: 2 24 NEW SUBSECTION. 9. "Wagering area" means that 2 25 portion of a racetrack in which a licensee may receive 2 26 wagers of money from a person present in a licensed 2 27 racing enclosure on a horse or dog in a race selected 2 28 by the person making the wager as designated by the 2 29 commission. 2 30 Sec. 4. Section 99D.5, subsection 4, Code 2003, is 2 31 amended to read as follows: 2 32 4. Commission members are each entitled to receive 2 33 an annual salary of six thousand dollars. Members 2 34 shall also be reimbursed for actual expenses incurred 2 35 in the performance of their duties to a maximum of 2 36 thirty thousand dollars per year for the commission. 2 37 Each member shallpost a bond in the amount of ten2 38thousand dollars, with sureties to be approved by the2 39governor, to guarantee the proper handling and2 40accounting of moneys and other properties required in2 41the administration of this chapter. The premiums on2 42the bonds shall be paid as other expenses of the2 43commissionbe covered by the blanket surety bond of 2 44 the state purchased pursuant to section 8A.321, 2 45 subsection 12. 2 46 Sec. 5. Section 99D.6, Code 2003, is amended to 2 47 read as follows: 2 48 99D.6 CHAIRPERSON ADMINISTRATOR EMPLOYEES 2 49 DUTIES BOND. 2 50 The commission shall elect in July of each year one 3 1 of its members as chairperson for the succeeding year. 3 2 The commission shall appoint an administrator of the 3 3 commission subject to confirmation by the senate. The 3 4 administrator shall serve a four-year term. The term 3 5 shall begin and end in the same manner as set forth in 3 6 section 69.19. A vacancy shall be filled for the 3 7 unexpired portion of the term in the same manner as a 3 8 full-term appointment is made. The administrator may 3 9 hire other assistants and employees as necessary to 3 10 carry out the commission's duties. Employees in the 3 11 positions of equine veterinarian, canine veterinarian, 3 12 and equine steward shall be exempt from the merit 3 13 system provisions of chapter 8A, subchapter IV, and 3 14 shall not be covered by a collective bargaining 3 15 agreement. Some or all of the information required of 3 16 applicants in section 99D.8A, subsections 1 and 2, may 3 17 also be required of employees of the commission if the 3 18 commission deems it necessary. The administrator 3 19 shall keep a record of the proceedings of the 3 20 commission, and preserve the books, records, and 3 21 documents entrusted to the administrator's care. The 3 22commission shall require theadministratorto post a3 23bond in a sum it may fix, conditioned upon the3 24faithful performance of the administrator's duties3 25 shall be covered by the blanket surety bond of the 3 26 state purchased pursuant to section 8A.321, subsection 3 27 12. Subject to the approval of the governor, the 3 28 commission shall fix the compensation of the 3 29 administrator within the salary range as set by the 3 30 general assembly. The commission shall have its 3 31 headquarters in the city of Des Moines, and shall meet 3 32 in July of each year and at other times and places as 3 33 it finds necessary for the discharge of its duties. 3 34 Sec. 6. Section 99D.7, subsection 8, Code 2003, is 3 35 amended to read as follows: 3 36 8. To investigate alleged violations of this 3 37 chapter or the commission rules, orders, or final 3 38 decisions and to take appropriate disciplinary action 3 39 against a licensee or a holder of an occupational 3 40 license for the violation, or institute appropriate 3 41 legal action for enforcement, or both. Information 3 42 gathered during an investigation is confidential 3 43 during the pendency of the investigation. Decisions 3 44 by the commission are final agency actions pursuant to 3 45 chapter 17A. 3 46 Sec. 7. Section 99D.7, subsection 19, Code 2003, 3 47 is amended to read as follows: 3 48 19. To require licensees to indicate in their 3 49 racing programs those horses which are treated with 3 50 the legal medicationlasixfurosemide or 4 1 phenylbutazone. The program shall also indicate if it 4 2 is the first or subsequent time that a horse is racing 4 3 withlasixfurosemide, or if the horse has previously 4 4 raced withlasixfurosemide and the present race is 4 5 the first race for the horse withoutlasixfurosemide 4 6 following its use. 4 7 Sec. 8. Section 99D.7, Code 2003, is amended by 4 8 adding the following new subsection: 4 9 NEW SUBSECTION. 23. To require licensees to 4 10 establish a process to allow a person to be 4 11 voluntarily excluded for life from a racetrack 4 12 enclosure and all other licensed facilities under this 4 13 chapter and chapter 99F. The process established 4 14 shall require that a licensee disseminate information 4 15 regarding persons voluntarily excluded to all 4 16 licensees under this chapter and chapter 99F. The 4 17 state and any licensee under this chapter or chapter 4 18 99F shall not be liable to any person for any claim 4 19 which may arise from this process. In addition to any 4 20 other penalty provided by law, any money or thing of 4 21 value that has been obtained by, or is owed to, a 4 22 voluntarily excluded person by a licensee as a result 4 23 of wagers made by the person after the person has been 4 24 voluntarily excluded shall not be paid to the person 4 25 but shall be deposited into the gambling treatment 4 26 fund created in section 135.150. 4 27 Sec. 9. Section 99D.9, subsections 1 and 2, Code 4 28 2003, are amended to read as follows: 4 29 1. If the commission is satisfied that its rules 4 30 and sections 99D.8 through 99D.25 applicable to 4 31 licensees have been or will be complied with, it may 4 32 issue a license for a period of not more than three 4 33 years. The commission may decide which types of 4 34 racing it will permit. The commission may permit dog 4 35 racing, horse racing of various types, or both dog and 4 36 horse racing. The commission shall decide the number, 4 37 location, and type of all racetracks licensed under 4 38 this chapter. The license shall set forth the name of 4 39 the licensee, the type of license granted, the place 4 40 where the race meeting is to be held, and the time and 4 41 number of days during which racing may be conducted by 4 42 the licensee.The commission shall not approve the4 43licenses for racetracks in Dubuque county and Black4 44Hawk county if the proposed racing schedules of the4 45two tracks conflict.The commission shall not approve 4 46 a license application if any part of the racetrack is 4 47 to be constructed on prime farmland outside the city 4 48 limits of an incorporated city. As used in this 4 49 subsection, "prime farmland" means as defined by the 4 50 United States department of agriculture in 7 C.F.R. 5 1sec.} 657.5(a). A license is not transferable or 5 2 assignable. The commission may revoke any license 5 3 issued for good cause upon reasonable notice and 5 4 hearing. The commission shall conduct a neighborhood 5 5 impact study to determine the impact of granting a 5 6 license on the quality of life in neighborhoods 5 7 adjacent to the proposed racetrack facility. The 5 8 applicant for the license shall reimburse the 5 9 commission for the costs incurred in making the study. 5 10 A copy of the study shall be retained on file with the 5 11 commission and shall be a public record. The study 5 12 shall be completed before the commission may issue a 5 13 license for the proposed facility. 5 14 2. A license shall only be granted to a nonprofit 5 15 corporation or association upon the express condition 5 16 that:5 17a. Thethe nonprofit corporation or association 5 18 shall not, by a lease, contract, understanding, or 5 19 arrangement of any kind, grant, assign, or turn over 5 20 to a person the operation of a race meeting licensed 5 21 under this section or of the pari-mutuel system of 5 22 wagering described in section 99D.11. This section 5 23 does not prohibit a management contract approved by 5 24 the commission. 5 25b. The nonprofit corporation shall not in any5 26manner permit a person other than the licensee to have5 27a share, percentage, or proportion of the money5 28received for admissions to the race or race meeting.5 29 Sec. 10. Section 99D.9, subsection 6, Code 2003, 5 30 is amended to read as follows: 5 31 6. (1) A licenseemayshall not loan to any 5 32 person money or any other thing of value for the 5 33 purpose of permitting that person to wager on any 5 34 race. 5 35 (2) A licensee shall not permit a financial 5 36 institution, vendor, or other person to dispense cash 5 37 or credit through an electronic or mechanical device 5 38 including but not limited to a satellite terminal as 5 39 defined in section 527.2, that is located in the 5 40 wagering area. 5 41 (3) When technologically feasible, a licensee 5 42 shall ensure that a person may voluntarily bar the 5 43 person's access to receive cash or credit from a 5 44 financial institution, vendor, or other person through 5 45 an electronic or mechanical device including but not 5 46 limited to a satellite terminal as defined in section 5 47 527.2, that is located on the licensed premises. 5 48 Sec. 11. Section 99D.9, Code 2003, is amended by 5 49 adding the following new subsection: 5 50 NEW SUBSECTION. 8. The commission shall require 6 1 that a licensee utilize Iowa resources, goods, and 6 2 services in the operation of a racetrack enclosure. 6 3 The commission shall develop standards to assure that 6 4 a substantial amount of all resources and goods used 6 5 in the operation of a racetrack enclosure emanate from 6 6 and are made in Iowa and that a substantial amount of 6 7 all services and entertainment are provided by Iowans. 6 8 Sec. 12. Section 99D.11, subsection 7, Code 2003, 6 9 is amended to read as follows: 6 10 7. A person under the age of twenty-one years 6 11 shall not make or attempt to make a pari-mutuel wager. 6 12 A person who violates this subsection commits a 6 13 scheduled violation under section 805.8C, subsection 6 14 4. 6 15 Sec. 13. Section 99D.14, subsection 2, Code 2003, 6 16 is amended by striking the subsection and inserting in 6 17 lieu thereof the following: 6 18 2. A licensee shall pay a regulatory fee to be 6 19 charged as provided in this section. In determining 6 20 the regulatory fee to be charged as provided under 6 21 this section, the commission shall use the amount 6 22 appropriated to the commission plus the cost of 6 23 salaries for no more than two special agents for each 6 24 racetrack that has not been issued a table games 6 25 license under chapter 99F or no more than three 6 26 special agents for each racetrack that has been issued 6 27 a table games license under chapter 99F, plus any 6 28 direct and indirect support costs for the agents, for 6 29 the division of criminal investigation's racetrack 6 30 activities, as the basis for determining the amount of 6 31 revenue to be raised from the regulatory fee. 6 32 Sec. 14. Section 99D.14, subsection 7, Code 2003, 6 33 is amended by striking the subsection. 6 34 Sec. 15. Section 99D.15, subsection 3, paragraph 6 35 d, Code 2003, is amended by striking the paragraph. 6 36 Sec. 16. Section 99D.15, Code 2003, is amended by 6 37 adding the following new subsection: 6 38 NEW SUBSECTION. 5. An amount equal to one-half of 6 39 one percent of the gross sum wagered by the pari- 6 40 mutuel method shall be deposited into the gambling 6 41 treatment fund created in section 135.150 from the tax 6 42 revenue received by the commission pursuant to 6 43 subsections 1 and 3. 6 44 Sec. 17. Section 99D.19, Code 2003, is amended to 6 45 read as follows: 6 46 99D.19 HORSE OR DOG RACING LICENSEES RECORDS 6 47 REPORTS SUPERVISION. 6 48 1. A licensee shall keep its books and records so 6 49 as to clearly show the following: 6 501.a. The total number of admissionsto races7 1conducted by it on each racing day, including the7 2number of admissions upon free passes or complimentary7 3ticketsfor each day of operation. 7 42.b.The amount received daily from admission7 5fees.7 63.The total amount of money wageredduring the7 7race meetfor each day of operation. 7 8 2. The licensee shall furnish to the commission 7 9 reports and information as the commission may require 7 10 with respect to its activities. The commission may 7 11 designate a representative to attend a licensed race 7 12 meeting, who shall have full access to all places 7 13 within the enclosure of the meeting and who shall 7 14 supervise and check the admissions. The compensation 7 15 of the representative shall be fixed by the commission 7 16 but shall be paid by the licensee. 7 17 Sec. 18. Section 99D.20, Code 2003, is amended to 7 18 read as follows: 7 19 99D.20 AUDIT OF LICENSEE OPERATIONS. 7 20 Within ninety days after the end of each race meet, 7 21 the licensee shall transmit to the commission an audit 7 22 of the financial transactions and condition of the 7 23 licensee's operations conducted under this chapter. 7 24 Additionally, within ninety days after the end of the 7 25 licensee's fiscal year, the licensee shall transmit to 7 26 the commission an audit of thefinancial transactions7 27and condition of thelicensee's total racing and 7 28 gaming operations, including an itemization of all 7 29 expenses and subsidies. All audits shall be conducted 7 30 by certified public accountants registered in the 7 31 state of Iowa under chapter 542 who are selected by 7 32 the board of supervisors of the county in which the 7 33 licensee operates. 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 barge 11 14 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 continuousvideotaping12 6 recording of all gambling activities on an excursion 12 7 gambling boat. Thevideotapingrecording shall be 12 8 performed under guidelines set by rule of the division 12 9 of criminal investigation and the rules may require 12 10 that all or part of the originaltapesrecordings be 12 11 submitted to the division on a 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 the immediate 13 5 payment of the applicable table games license fee and 13 6 submission to the commission by June 1, 2005, of an 13 7 application by a licensee of a pari-mutuel dog or 13 8 horse racetrack licensed to conduct gambling games at 13 9 a pari-mutuel racetrack enclosure, issue a license to 13 10 the licensee to conduct table games of chance, 13 11 including video machines that simulate table games of 13 12 chance, at the pari-mutuel racetrack enclosure subject 13 13 to the requirements of this subsection. However, a 13 14 table games license may only be issued to a licensee 13 15 required to pay a table games license fee of three 13 16 million dollars under this subsection if the licensee, 13 17 and all other licensees of an excursion gambling boat 13 18 in that county, file an agreement with the commission 13 19 authorizing the granting of a table games license 13 20 under this subsection and permitting all licensees of 13 21 an excursion gambling boat to operate a moored barge 13 22 as of a specific date. The licensee shall be granted 13 23 a table games license by the commission without 13 24 conducting a separate referendum authorizing table 13 25 games upon payment of the applicable license fee to 13 26 the commission which table games license fee may be 13 27 offset by the licensee against taxes imposed on the 13 28 licensee by section 99F.11, to the extent of twenty 13 29 percent of the table games license fee paid pursuant 13 30 to this subsection for each of five consecutive fiscal 13 31 years beginning with the fiscal year beginning July 1, 13 32 2008. Fees paid pursuant to this subsection are not 13 33 refundable to the licensee. A licensee shall not be 13 34 required to pay a fee to renew a table games license 13 35 issued pursuant to this subsection. Moneys collected 13 36 by the commission from a table games license fee paid 13 37 under this subsection shall be deposited in the 13 38 rebuild Iowa infrastructure fund created in section 13 39 8.57. 13 40 For purposes of this subsection, the applicable 13 41 license fee for a licensee shall be three million 13 42 dollars if the adjusted gross receipts from gambling 13 43 games for the licensee in the previous fiscal year was 13 44 less than one hundred million dollars, and shall be 13 45 ten million dollars if the adjusted gross receipts 13 46 from gambling games for the licensee in the previous 13 47 fiscal year was one hundred million dollars or more. 13 48 Sec. 38. Section 99F.5, subsection 1, Code 2003, 13 49 is amended to read as follows: 13 50 1. A qualified sponsoring organization may apply 14 1 to the commission for a license to conduct gambling 14 2 games on an excursion gambling boat as provided in 14 3 this chapter. A person may apply to the commission 14 4 for a license to operate an excursion gambling boat. 14 5 An operating agreement entered into on or after the 14 6 effective date of this section of this Act between a 14 7 qualified sponsoring organization and an operator 14 8 shall provide for a minimum distribution by the 14 9 qualified sponsoring organization for educational, 14 10 civic, public, charitable, patriotic, or religious 14 11 uses as defined in section 99B.7, subsection 3, 14 12 paragraph "b", that averages at least three percent of 14 13 the adjusted gross receipts for each license year. 14 14 The application shall be filed with the administrator 14 15 of the commission at least ninety days before the 14 16 first day of the next excursion season as determined 14 17 by the commission, shall identify the excursion 14 18 gambling boat upon which gambling games will be 14 19 authorized, shall specify the exact location where the 14 20 excursion gambling boat will be docked, and shall be 14 21 in a form and contain information as the commission 14 22 prescribes. The minimum passenger capacity of an 14 23 excursion gambling boat is two hundred fifty persons. 14 24 Sec. 39. Section 99F.6, subsection 4, paragraph a, 14 25 Code Supplement 2003, is amended to read as follows: 14 26 a. Before a license is granted, the division of 14 27 criminal investigation of the department of public 14 28 safety shall conduct a thorough background 14 29 investigation of the applicant for a license to 14 30 operate a gambling game operation on an excursion 14 31 gambling boat. The applicant shall provide 14 32 information on a form as required by the division of 14 33 criminal investigation. A qualified sponsoring 14 34 organization licensed to operate gambling games under 14 35 this chapter shall distribute the receipts of all 14 36 gambling games, less reasonable expenses, charges, 14 37 taxes, fees, and deductions allowed under this 14 38 chapter, as winnings to players or participants or 14 39 shall distribute the receipts for educational, civic, 14 40 public, charitable, patriotic, or religious uses as 14 41 defined in section 99B.7, subsection 3, paragraph "b". 14 42 However, a licensee to conduct gambling games under 14 43 this chapter shall, unless an operating agreement for 14 44 an excursion gambling boat otherwise provides, 14 45 distribute at least three percent of the adjusted 14 46 gross receipts for each license year for educational, 14 47 civic, public, charitable, patriotic, or religious 14 48 uses as defined in section 99B.7, subsection 3, 14 49 paragraph "b". However, if a licensee who is also 14 50 licensed to conduct pari-mutuel wagering at a horse 15 1 racetrack has unpaid debt from the pari-mutuel 15 2 racetrack operations, the first receipts of the 15 3 gambling games operated within the racetrack enclosure 15 4 less reasonable operating expenses, taxes, and fees 15 5 allowed under this chapter shall be first used to pay 15 6 the annual indebtedness. The commission shall 15 7 authorize, subject to the debt payments for horse 15 8 racetracks and the provisions of paragraph "b" for dog 15 9 racetracks, a licensee who is also licensed to conduct 15 10 pari-mutuel dog or horse racing to use receipts from 15 11 gambling games within the racetrack enclosure to 15 12 supplement purses for races particularly for Iowa-bred 15 13 horses pursuant to an agreement which shall be 15 14 negotiated between the licensee and representatives of 15 15 the dog or horse owners. For each agreement 15 16 concerning purses for horse racing beginning on or 15 17 after January 1, 2006, and ending before January 1, 15 18 2021, the agreement shall provide that total annual 15 19 purses for all horse racing shall be no less than 15 20 eleven percent of the first two hundred million 15 21 dollars of net receipts, and six percent of net 15 22 receipts above two hundred million dollars, subject to 15 23 commission approval. A qualified sponsoring 15 24 organization shall not make a contribution to a 15 25 candidate, political committee, candidate's committee, 15 26 state statutory political committee, county statutory 15 27 political committee, national political party, or 15 28 fund-raising event as these terms are defined in 15 29 section 68A.102. The membership of the board of 15 30 directors of a qualified sponsoring organization shall 15 31 represent a broad interest of the communities. For 15 32 purposes of this paragraph, "net receipts" means the 15 33 annual adjusted gross receipts from all gambling games 15 34 less the annual amount of money pledged by the owner 15 35 of the facility to fund a project approved to receive 15 36 vision Iowa funds as of July 1, 2004. 15 37 Sec. 40. Section 99F.7, subsection 1, Code 2003, 15 38 is amended to read as follows: 15 39 1. If the commission is satisfied that this 15 40 chapter and its rules adopted under this chapter 15 41 applicable to licensees have been or will be complied 15 42 with, the commission shall issue a license for a 15 43 period of not more than three years to an applicant to 15 44 own a gambling game operation and to an applicant to 15 45 operate an excursion gambling boat. The commission 15 46 shall decide which of the gambling games authorized 15 47 under this chapteritthe commission will permit. The 15 48 commission shall decide the number, location, and type 15 49 of excursion gambling boats licensed under this 15 50 chapter for operation on the rivers, lakes, and 16 1 reservoirs of this state. An excursion gambling boat 16 2 may be located or operated on a natural or man-made 16 3 lake or reservoir if the lake or reservoir is of 16 4 sufficient size to accommodate recreational activity. 16 5 An excursion gambling boat may also be located on a 16 6 man-made basin or other body of water adjacent to a 16 7 river, provided it is located no more than one 16 8 thousand feet from the high water mark of the river, 16 9 as established by the commission in consultation with 16 10 the United States army corps of engineers, the 16 11 department of natural resources, or other appropriate 16 12 regulatory agency. The license shall set forth, as 16 13 applicable, the name of the licensee, the type of 16 14 license granted, the place where the excursion 16 15 gambling boats will operate and dock, and the time and 16 16 number of days during the excursion season and the off 16 17 season when gambling may be conducted by the licensee. 16 18The16 19 1A. a. An applicant for a license to conduct 16 20 gambling games on an excursion gambling boat, and each 16 21 licensee by June 30 of each year thereafter, shall 16 22 indicate and have noted on the license whether the 16 23 applicant or licensee will operate a moored barge, an 16 24 excursion boat that will cruise, or an excursion boat 16 25 that will not cruise subject to the requirements of 16 26 this subsection. If the applicant or licensee will 16 27 operate a moored barge or an excursion boat that will 16 28 not cruise, the requirements of this chapter 16 29 concerning cruising shall not apply. If the 16 30 applicant's or licensee's excursion boat will cruise, 16 31 the applicant or licensee shall comply with the 16 32 cruising requirements of this chapter and the 16 33 commission shall not allow such a licensee to conduct 16 34 gambling games on an excursion gambling boat while 16 35 docked during the off season if the licensee does not 16 36 operate gambling excursions for a minimum number of 16 37 days during the excursion season. The commission may 16 38 delay the commencement of the excursion season at the 16 39 request of a licensee. 16 40 b. However, an applicant or licensee of an 16 41 excursion gambling boat that is located in the same 16 42 county as a racetrack enclosure conducting gambling 16 43 games shall not be allowed to operate a moored barge 16 44 unless either of the following applies: 16 45 (1) If the licensee is located in the same county 16 46 as a racetrack enclosure conducting gambling games 16 47 that had less than one hundred million dollars in 16 48 adjusted gross receipts from gambling games for the 16 49 fiscal year beginning July 1, 2003, the licensee of an 16 50 excursion gambling boat is authorized to operate a 17 1 moored barge if the licensee, the licensee of the 17 2 racetrack enclosure, and all other licensees of an 17 3 excursion gambling boat in that county file an 17 4 agreement with the commission agreeing to the granting 17 5 of a table games license under this chapter and 17 6 permitting all licensees of an excursion gambling boat 17 7 in the county to operate a moored barge as of a 17 8 specific date. 17 9 (2) If the licensee is located in the same county 17 10 as a racetrack enclosure conducting gambling games 17 11 that had one hundred million dollars or more in 17 12 adjusted gross receipts from gambling games for the 17 13 fiscal year beginning July 1, 2003, the licensee of an 17 14 excursion gambling boat is authorized to operate a 17 15 moored barge the earlier of July 1, 2007, or the date 17 16 any form of gambling games, as defined in this 17 17 chapter, is authorized in any state that is contiguous 17 18 to the county where the licensee is located. 17 19 Sec. 41. Section 99F.7, subsection 3, Code 2003, 17 20 is amended to read as follows: 17 21 3. The commission shall require, as a condition of 17 22 granting a license, that an applicant to operate an 17 23 excursion gambling boat develop, and as nearly as 17 24 practicable, recreate boats or moored barges that 17 25 resemble Iowa's riverboat history. 17 26 Sec. 42. Section 99F.7, subsection 4, Code 2003, 17 27 is amended to read as follows: 17 28 4. The commission shall require that an applicant 17 29 utilize Iowa resources, goods and services in the 17 30 operation of an excursion gambling boat. The 17 31 commission shall develop standards to assure that a 17 32 substantial amount of all resources and goods used in 17 33 the operation of an excursion gambling boatcome17 34 emanate from and are made in Iowa and that a 17 35 substantial amount of all services and entertainment 17 36beare provided by Iowans. 17 37 Sec. 43. Section 99F.7, subsection 5, paragraph b, 17 38 Code 2003, is amended by striking the paragraph. 17 39 Sec. 44. Section 99F.7, subsection 9, Code 2003, 17 40 is amended to read as follows: 17 41 9. a. A licensee shall not loan to any person 17 42 money or any other thing of value for the purpose of 17 43 permitting that person to wager on any game of chance. 17 44 b. A licensee shall not permit a financial 17 45 institution, vendor, or other person to dispense cash 17 46 or credit through an electronic or mechanical device 17 47 including but not limited to a satellite terminal, as 17 48 defined in section 527.2, that is located on the 17 49 gaming floor. 17 50 c. When technologically feasible, a licensee shall 18 1 ensure that a person may voluntarily bar the person's 18 2 access to receive cash or credit from a financial 18 3 institution, vendor, or other person through an 18 4 electronic or mechanical device including but not 18 5 limited to a satellite terminal as defined in section 18 6 527.2 that is located on the licensed premises. 18 7 Sec. 45. Section 99F.7, subsection 10, paragraph 18 8 e, Code 2003, is amended to read as follows: 18 9 e. After a referendum has been held which defeated 18 10 a proposal to conduct gambling games on excursion 18 11 gambling boats or which defeated a proposal to conduct 18 12 gambling games at a licensed pari-mutuel racetrack 18 13 enclosure as provided in this section, another 18 14 referendum on a proposal to conduct gambling games on 18 15 an excursion gambling boat or at a licensed pari- 18 16 mutuel racetrack shall not be held for at leasttwo18 17 eight years. 18 18 Sec. 46. Section 99F.7, subsection 13, Code 2003, 18 19 is amended to read as follows: 18 20 13. An excursion gambling boat operated on inland 18 21 waters of this state or an excursion boat that has 18 22 been removed from navigation and is designated as a 18 23 permanently moored vessel by the United States coast 18 24 guard shall be subject to the exclusive jurisdiction 18 25 of the department of natural resources and meet all of 18 26 the requirements of chapter 462A and is further 18 27 subject to an inspection of its sanitary facilities to 18 28 protect the environment and water quality before a 18 29 certificate of registration is issued by the 18 30 department of natural resources or a license is issued 18 31 or renewed under this chapter. 18 32 Sec. 47. Section 99F.9, subsection 5, Code 2003, 18 33 is amended to read as follows: 18 34 5. A person under the age of twenty-one years 18 35 shall not make or attempt to make a wager on an 18 36 excursion gambling boat or in a racetrack enclosure 18 37 and shall not be allowedin the areaon the gaming 18 38 floor ofthean excursion gambling boatwhere gambling18 39is being conductedor in the wagering area, as defined 18 40 in section 99D.2, or on the gaming floor of a 18 41 racetrack enclosure. However, a person eighteen years 18 42 of age or older may be employed to workin a gambling18 43areaon the gaming floor of an excursion gambling boat 18 44 or in the wagering area or on the gaming floor of a 18 45 racetrack enclosure. A person who violates this 18 46 subsection with respect to making or attempting to 18 47 make a wager commits a scheduled violation under 18 48 section 805.8C, subsection 4. 18 49 Sec. 48. Section 99F.10, Code 2003, is amended to 18 50 read as follows: 19 1 99F.10ADMISSIONREGULATORY FEE TAX LOCAL 19 2 FEES. 19 3 1. A qualified sponsoring organization conducting 19 4 gambling games on an excursion gambling boat licensed 19 5 under section 99F.7 shall pay the tax imposed by 19 6 section 99F.11. 19 7 2. An excursion gambling boat licensee shall pay 19 8 to the commissionan admissiona regulatory feefor19 9each person embarking on an excursion gambling boat19 10with a ticket of admissionto be charged as provided 19 11 in this section.The admission fee shall be set by19 12the commission.19 13a. If tickets are issued which are good for more19 14than one excursion, the admission fee shall be paid19 15for each person using the ticket on each excursion19 16that the ticket is used.19 17b. If free passes or complimentary admission19 18tickets are issued, the licensee shall pay the same19 19fee upon these passes or complimentary tickets as if19 20they were sold at the regular and usual admission19 21rate.19 22c. However, the excursion boat licensee may issue19 23fee-free passes to actual and necessary officials and19 24employees of the licensee or other persons actually19 25working on the excursion gambling boat.19 26d. The issuance of fee-free passes is subject to19 27the rules of the commission, and a list of all persons19 28to whom the fee-free passes are issued shall be filed19 29with the commission.19 30 3.In addition to the admission fee charged under19 31subsection 2 and subjectSubject to approval of 19 32 excursion gambling boat docking by the voters, a city 19 33 may adopt, by ordinance, an admission fee not 19 34 exceeding fifty cents for each person embarking on an 19 35 excursion gambling boat docked within the city or a 19 36 county may adopt, by ordinance, an admission fee not 19 37 exceeding fifty cents for each person embarking on an 19 38 excursion gambling boat docked outside the boundaries 19 39 of a city. The admission revenue received by a city 19 40 or a county shall be credited to the city general fund 19 41 or county general fund as applicable. 19 42 4. In determining the license fees and state 19 43admissionregulatory fees to be charged as provided 19 44 under section 99F.4 and this section, the commission 19 45 shall use the amount appropriated to the commission 19 46 plus the cost of salaries for no more than two special 19 47 agents and no more than four gaming enforcement 19 48 officers for each excursion gambling boat, plus any 19 49 direct and indirect support costs for the agents and 19 50 officers, for the division of criminal investigation's 20 1 excursion gambling boat activitiesand an amount for20 2all licensees, not to exceed one hundred twenty-five20 3thousand dollars, representing other associated costs20 4of the division, as the basis for determining the 20 5 amount of revenue to be raised from the license fees 20 6 andadmissionregulatory fees.The division's salary20 7costs shall be limited to eighty percent of the salary20 8costs for special agents and eighty percent of the20 9salary costs for gaming enforcement for personnel20 10assigned to excursion gambling boats who enforce laws20 11and rules adopted by the commission.20 12 5. No other license tax, permit tax, occupation 20 13 tax, excursion fee, or taxes on fees shall be levied, 20 14 assessed, or collected from a licensee by the state or 20 15 by a political subdivision, except as provided in this 20 16 chapter. 20 17 6. No other excise tax shall be levied, assessed, 20 18 or collected from the licensee relating to gambling 20 19 excursions or admission charges by the state or by a 20 20 political subdivision, except as provided in this 20 21 chapter. 20 22 7. In addition to any other fees required by this 20 23 chapter, a person awarded a new license to conduct 20 24 gambling games pursuant to section 99F.7 on or after 20 25 January 1, 2004, shall pay the applicable initial 20 26 license fee to the commission as provided by this 20 27 subsection. A person awarded a new license shall pay 20 28 one-fifth of the applicable initial license fee 20 29 immediately upon the granting of the license, one- 20 30 fifth of the applicable initial license fee within one 20 31 year of the granting of the license, one-fifth of the 20 32 applicable initial license fee within two years of the 20 33 granting of the license, one-fifth of the applicable 20 34 initial license fee within three years of the granting 20 35 of the license, and the remaining one-fifth of the 20 36 applicable initial license fee within four years of 20 37 the granting of the license. However, the license fee 20 38 provided for in this subsection shall not apply when a 20 39 licensed facility is sold and a new license is issued 20 40 to the purchaser. Fees paid pursuant to this 20 41 subsection are not refundable to the licensee. For 20 42 purposes of this subsection, the applicable initial 20 43 license fee shall be five million dollars if the 20 44 population of the county where the licensee shall 20 45 conduct gambling games is fifteen thousand or less 20 46 based upon the most recent federal decennial census, 20 47 shall be ten million dollars if the population of the 20 48 county where the licensee shall conduct gambling games 20 49 is more than fifteen thousand and less than one 20 50 hundred thousand based upon the most recent federal 21 1 decennial census, and shall be twenty million dollars 21 2 if the population of the county where the licensee 21 3 shall conduct gambling games is one hundred thousand 21 4 or more based upon the most recent federal decennial 21 5 census. Moneys collected by the commission from an 21 6 initial license fee paid under this subsection shall 21 7 be deposited in the rebuild Iowa infrastructure fund 21 8 created in section 8.57. 21 9 Sec. 49. Section 99F.11, Code Supplement 2003, is 21 10 amended to read as follows: 21 11 99F.11 WAGERING TAX RATE ALLOCATIONS. 21 12 1. A tax is imposed on the adjusted gross receipts 21 13 receivedannuallyeach fiscal year from gambling games 21 14 authorized under this chapter at the rate of five 21 15 percent on the first one million dollars of adjusted 21 16 gross receipts,and at the rate of ten percent on the 21 17 next two million dollars of adjusted gross receipts.,21 18and at the rate of twenty percent21 19 2. The tax rate imposed each fiscal year on any 21 20 amount of adjusted gross receipts over three million 21 21 dollars. However, beginning January 1, 1997, the rate21 22on any amount of adjusted gross receipts over three21 23million dollars from gambling games at racetrack21 24enclosures is twenty-two percent and shall increase by21 25two percent each succeeding calendar year until the21 26rate is thirty-six percent.shall be as follows: 21 27 a. If the licensee is an excursion gambling boat, 21 28 twenty-two percent. 21 29 b. If the licensee is a racetrack enclosure 21 30 conducting gambling games and another licensee that is 21 31 an excursion gambling boat is located in the same 21 32 county, then the following rate, as applicable: 21 33 (1) If the licensee of the racetrack enclosure has 21 34 not been issued a table games license during the 21 35 fiscal year or if the adjusted gross receipts from 21 36 gambling games of the licensee in the prior fiscal 21 37 year were less than one hundred million dollars, 21 38 twenty-two percent. 21 39 (2) If the licensee of the racetrack enclosure has 21 40 been issued a table games license during the fiscal 21 41 year or prior fiscal year and the adjusted gross 21 42 receipts from gambling games of the licensee in the 21 43 prior fiscal year were one hundred million dollars or 21 44 more, twenty-two percent on adjusted gross receipts 21 45 received prior to the operational date and twenty-four 21 46 percent on adjusted gross receipts received on or 21 47 after the operational date. For purposes of this 21 48 subparagraph, the operational date is the date the 21 49 commission determines table games became operational 21 50 at the racetrack enclosure. 22 1 c. If the licensee is a racetrack enclosure 22 2 conducting gambling games and no licensee that is an 22 3 excursion gambling boat is located in the same county, 22 4 twenty-four percent. 22 5 3. The taxes imposed by this section shall be paid 22 6 by the licensee to the treasurer of state within ten 22 7 days after the close of the day when the wagers were 22 8 made and shall be distributed as follows: 22 91.a. If the gambling excursion originated at a 22 10 dock located in a city, one-half of one percent of the 22 11 adjusted gross receipts shall be remitted to the 22 12 treasurer of the city in which the dock is located and 22 13 shall be deposited in the general fund of the city. 22 14 Another one-half of one percent of the adjusted gross 22 15 receipts shall be remitted to the treasurer of the 22 16 county in which the dock is located and shall be 22 17 deposited in the general fund of the county. 22 182.b. If the gambling excursion originated at a 22 19 dock located in a part of the county outside a city, 22 20 one-half of one percent of the adjusted gross receipts 22 21 shall be remitted to the treasurer of the county in 22 22 which the dock is located and shall be deposited in 22 23 the general fund of the county. Another one-half of 22 24 one percent of the adjusted gross receipts shall be 22 25 remitted to the treasurer of the Iowa city nearest to 22 26 where the dock is located and shall be deposited in 22 27 the general fund of the city. 22 283.c.Three-tenthsOne-half of one percent of the 22 29 adjusted gross receipts shall be deposited in the 22 30 gambling treatment fundspecified in section 99G.39,22 31subsection 1, paragraph "a"created in section 22 32 135.150. 22 33 d. One-half of one percent of the adjusted gross 22 34 receipts shall be deposited in the county endowment 22 35 fund created in section 15E.311. 22 364.e. The remaining amount of the adjusted gross 22 37 receipts tax shall be credited to the general fund of 22 38 the state. 22 39 Sec. 50. Section 99F.12, Code 2003, is amended to 22 40 read as follows: 22 41 99F.12 LICENSEES RECORDS REPORTS 22 42 SUPERVISION. 22 43 1. A licensee shall keep its books and records so 22 44 as to clearly show all of the following: 22 451.a. The total number of admissionsto gambling22 46excursions conducted by the licensee on each day,22 47including the number of admissions upon free passes or22 48complimentary ticketsfor each day of operation. 22 492.b.The amount received daily from admission22 50fees.23 13.The total amount of money wageredduring each23 2excursion dayand the adjusted gross receipts forthe23 3 each day of operation. 23 4 2. The licensee shall furnish to the commission 23 5 reports and information as the commission may require 23 6 with respect to its activities. The gross receipts 23 7 and adjusted gross receipts from gambling shall be 23 8 separately handled and accounted for from all other 23 9 moneys received from operation of an excursion 23 10 gambling boat or from operation of a racetrack 23 11 enclosure licensed to conduct gambling games. The 23 12 commission may designate a representative to board a 23 13 licensed excursion gambling boat or to enter a 23 14 racetrack enclosure licensed to conduct gambling 23 15 games, who shall have full access to all places within 23 16 the enclosure of the boat or the racetrack enclosure, 23 17 who shall directly supervise the handling and 23 18 accounting of all gross receipts and adjusted gross 23 19 receipts from gambling, and who shall supervise and 23 20 check the admissions. The compensation of a 23 21 representative shall be fixed by the commission but 23 22 shall be paid by the licensee. 23 23 3. The books and records kept by a licensee as 23 24 provided by this section are public records and the 23 25 examination, publication, and dissemination of the 23 26 books and records are governed by the provisions of 23 27 chapter 22. 23 28 Sec. 51. Section 99F.13, Code 2003, is amended to 23 29 read as follows: 23 30 99F.13 ANNUAL AUDIT OF LICENSEE OPERATIONS. 23 31 Within ninety days after the end of the licensee's 23 32 fiscal year, the licensee shall transmit to the 23 33 commission an audit of thefinancial transactions and23 34condition of thelicensee's total gambling operations, 23 35 including an itemization of all expenses and 23 36 subsidies. All audits shall be conducted by certified 23 37 public accountants registered or licensed in the state 23 38 of Iowa under chapter 542 who are selected by the 23 39 board of supervisors of the county in which the 23 40 licensee operates. 23 41 Sec. 52. Section 99F.17, subsections 5 and 6, Code 23 42 2003, are amended to read as follows: 23 43 5. The manufacturer or distributor of gambling 23 44 games or implements of gambling shall provide the 23 45 commission witha copy of the invoicewritten notice 23 46 showing the items shipped to the licenseeand a copy23 47of the bill of lading. 23 48 6. Subsection 2 does not apply in the following 23 49 cases, if approved by the commission: 23 50 a. Gambling games or implements of gambling 24 1 previously installedon an excursion gambling boatin 24 2 a gambling location licensed in another jurisdiction. 24 3 b. Gambling games or implements of gambling 24 4 previously installedon an excursion gambling boatin 24 5 a gambling location licensed in this state. 24 6 Sec. 53. Section 99G.39, subsection 1, paragraph 24 7 a, Code Supplement 2003, is amended to read as 24 8 follows: 24 9 a. An amount equal tothree-tenthsone-half of one 24 10 percent of the gross lottery revenue for the year 24 11 shall be deposited inathe gambling treatment fundin24 12the office of the treasurer of statecreated in 24 13 section 135.150. 24 14 Sec. 54. NEW SECTION. 135.150 GAMBLING TREATMENT 24 15 FUND. 24 16 1. A gambling treatment fund is created in the 24 17 state treasury under the control of the department. 24 18 The fund consists of all moneys appropriated to the 24 19 fund. However, if moneys appropriated to the fund in 24 20 a fiscal year exceed six million dollars, the amount 24 21 exceeding six million dollars shall be transferred to 24 22 the rebuild Iowa infrastructure fund created in 24 23 section 8.57. Moneys in the fund are appropriated to 24 24 the department for the purposes described in this 24 25 section. 24 26 2. Moneys appropriated to the department under 24 27 this section shall be for the purpose of operating a 24 28 gambling treatment program and shall be used for 24 29 funding of administrative costs and to provide 24 30 programs which may include, but are not limited to, 24 31 outpatient and follow-up treatment for persons 24 32 affected by problem gambling, rehabilitation and 24 33 residential treatment programs, information and 24 34 referral services, crisis call access, education and 24 35 preventive services, and financial management and 24 36 credit counseling services. 24 37 3. Notwithstanding section 12C.7, subsection 2, 24 38 interest or earnings on moneys deposited in the 24 39 gambling treatment fund shall be credited to the 24 40 gambling treatment fund. Notwithstanding section 24 41 8.33, moneys credited to the gambling treatment fund 24 42 shall not revert to the fund from which appropriated 24 43 at the close of a fiscal year. 24 44 4. The department shall report semiannually to the 24 45 legislative government oversight committees regarding 24 46 the operation of the gambling treatment fund and 24 47 program. The report shall include, but is not limited 24 48 to, information on revenues and expenses related to 24 49 the fund for the previous period, fund balances for 24 50 the period, and moneys expended and grants awarded for 25 1 operation of the gambling treatment program. 25 2 Sec. 55. Section 421.17, Code Supplement 2003, is 25 3 amended by adding the following new subsection: 25 4 NEW SUBSECTION. 28. To administer the county 25 5 endowment fund created in section 15E.311. 25 6 Sec. 56. NEW SECTION. 725.19 GAMBLING BY MINORS. 25 7 1. Any person under the age of twenty-one years 25 8 shall not make or attempt to make a gambling wager, 25 9 except as permitted under chapter 99B. A person who 25 10 violates this subsection commits a scheduled violation 25 11 under section 805.8C, subsection 4. 25 12 2. A person who knowingly permits a person under 25 13 the age of twenty-one years to make or attempt to make 25 14 a gambling wager, except as permitted under chapter 25 15 99B, is guilty of a simple misdemeanor. 25 16 Sec. 57. Section 805.8C, Code 2003, is amended by 25 17 adding the following new subsection: 25 18 NEW SUBSECTION. 4. GAMBLING VIOLATIONS. For 25 19 violations of legal age for gambling wagering under 25 20 section 99D.11, subsection 7, section 99F.9, 25 21 subsection 5, and section 725.19, subsection 1, the 25 22 scheduled fine is five hundred dollars. Failure to 25 23 pay the fine by a person under the age of eighteen 25 24 shall not result in the person being detained in a 25 25 secure facility. 25 26 Sec. 58. Sections 99D.14A and 99F.10A, Code 2003, 25 27 are repealed. 25 28 Sec. 59. DEPARTMENT OF PUBLIC SAFETY SPECIAL 25 29 AGENT AUTHORIZATION. For the fiscal year beginning 25 30 July 1, 2004, the department of public safety, with 25 31 the approval of the department of management, may 25 32 employ one additional special agent for each racetrack 25 33 facility that is issued a table games license pursuant 25 34 to this Act during the fiscal year which begins July 25 35 1, 2004. Positions authorized in this section are in 25 36 addition to special agent positions otherwise 25 37 authorized for the department of public safety. 25 38 Sec. 60. SOCIOECONOMIC STUDY OF GAMBLING. 25 39 1. The legislative council shall commission a 25 40 study by an independent entity to study the 25 41 socioeconomic impact of gambling on Iowans. The 25 42 legislative council is authorized to expend up to one 25 43 hundred thousand dollars to complete the study. The 25 44 legislative council shall make the report available by 25 45 July 1, 2005. 25 46 2. The study shall be an empirical study and 25 47 include, but not be limited to, the following matters: 25 48 a. The economic impact of gambling on communities 25 49 and other businesses. 25 50 b. The impact of gambling, if any, on family 26 1 finances and family relations in general. 26 2 c. Demographic information on gamblers. 26 3 d. An assessment of the impact, if any, of 26 4 pathological or problem gambling on individuals, 26 5 families, social institutions, criminal activity, and 26 6 the economy. 26 7 e. Other relevant issues to fully examine the 26 8 socioeconomic impact of gambling. 26 9 Sec. 61. TRANSITION PROVISIONS EXCURSION 26 10 GAMBLING BOAT CRUISING. A licensee authorized to 26 11 conduct gambling games on an excursion gambling boat 26 12 pursuant to chapter 99F as of January 1, 2004, shall, 26 13 no later than June 1, 2004, notify the racing and 26 14 gaming commission in writing if the licensee intends 26 15 to operate a moored barge, an excursion boat that will 26 16 cruise, or an excursion boat that will not cruise. 26 17 However, a licensee that is located in the same county 26 18 as a licensee of a racetrack enclosure that conducts 26 19 gambling games that had less than one hundred million 26 20 dollars in adjusted gross receipts from gambling games 26 21 for the fiscal year beginning July 1, 2003, shall only 26 22 be allowed to operate a moored barge if the licensee, 26 23 the licensee of the racetrack enclosure, and all other 26 24 licensees of an excursion gambling boat in that county 26 25 file an agreement with the commission agreeing to the 26 26 granting of a table games license under chapter 99F 26 27 and permitting all licensees of an excursion gambling 26 28 boat to operate a moored barge as of a specific date. 26 29 The racing and gaming commission shall make the 26 30 election of each licensee under this section public by 26 31 June 7, 2004. A licensee who initially elects to 26 32 operate a moored barge or an excursion boat that will 26 33 not cruise may, no later than June 30, 2004, change 26 34 its election and elect to operate an excursion boat 26 35 that will cruise. 26 36 Sec. 62. 2002-2004 RACETRACK ENCLOSURES 26 37 GAMBLING GAMES TAX. 26 38 1. Notwithstanding any provision of section 99F.11 26 39 to the contrary, a racetrack enclosure conducting 26 40 gambling games shall pay a tax on the adjusted gross 26 41 receipts over three million dollars received for the 26 42 fiscal year beginning July 1, 2002, and ending June 26 43 30, 2003, and for the fiscal year beginning July 1, 26 44 2003, and ending June 30, 2004, from gambling games 26 45 authorized under chapter 99F at the following tax rate 26 46 for each fiscal year: 26 47 a. If the licensee of the racetrack enclosure 26 48 conducting gambling games received adjusted gross 26 49 receipts from gambling games in the fiscal year 26 50 beginning July 1, 2002, of less than one hundred 27 1 million dollars, twenty-two percent. 27 2 b. If the licensee of the racetrack enclosure 27 3 conducting gambling games received adjusted gross 27 4 receipts from gambling games in the fiscal year 27 5 beginning July 1, 2002, of one hundred million dollars 27 6 or more, twenty-four percent. 27 7 2. Taxes due as provided by this section on 27 8 adjusted gross receipts received prior to the 27 9 effective date of this section of this Act shall be 27 10 paid by the licensee by June 1, 2004. Taxes on 27 11 adjusted gross receipts received on or after the 27 12 effective date of this section of this Act shall be 27 13 due as otherwise provided for payment of taxes in 27 14 section 99F.11. 27 15 3. Notwithstanding any provision of law to the 27 16 contrary, taxes imposed by this section shall be 27 17 deposited in the rebuild Iowa infrastructure fund 27 18 created in section 8.57. 27 19 Sec. 63. 2005-2006 REBUILD IOWA INFRASTRUCTURE 27 20 ASSESSMENTS. 27 21 1. Notwithstanding any provision of chapter 99F to 27 22 the contrary and in addition to taxes imposed pursuant 27 23 to section 99F.11, a rebuild Iowa infrastructure 27 24 assessment is imposed on each licensee authorized to 27 25 conduct gambling games on an excursion gambling boat 27 26 pursuant to chapter 99F as of January 1, 2004, as 27 27 provided in this section. 27 28 2. a. A 2005 rebuild Iowa infrastructure 27 29 assessment is imposed at the rate of two and one 27 30 hundred fifty-two thousandths percent on the estimated 27 31 adjusted gross receipts amount for each licensee of an 27 32 excursion gambling boat licensed to conduct gambling 27 33 games on an excursion gambling boat under chapter 99F 27 34 as of January 1, 2004. For purposes of this 27 35 subsection, the estimated adjusted gross receipts 27 36 amount for a licensee is the amount of adjusted gross 27 37 receipts from gambling games the revenue estimating 27 38 conference estimated, as of the most recent meeting of 27 39 the revenue estimating conference held prior to the 27 40 effective date of this section of this Act, a facility 27 41 licensed to conduct gambling games on an excursion 27 42 gambling boat will receive for the fiscal year 27 43 beginning July 1, 2004, and ending June 30, 2005. 27 44 b. The 2005 rebuild Iowa infrastructure assessment 27 45 provided in this subsection shall be paid by June 1, 27 46 2005, which assessment may be offset by the licensee 27 47 against taxes imposed on the licensee by section 27 48 99F.11 to the extent of twenty percent of the 27 49 assessment paid pursuant to this subsection for each 27 50 of five consecutive fiscal years beginning with the 28 1 fiscal year beginning July 1, 2010. The racing and 28 2 gaming commission shall revoke the license to conduct 28 3 gambling games of any licensee that fails to pay the 28 4 2005 rebuild Iowa infrastructure assessment as 28 5 provided in this subsection. 28 6 3. a. A 2006 rebuild Iowa infrastructure 28 7 assessment is imposed at the rate of two and one 28 8 hundred fifty-two thousandths percent on the estimated 28 9 adjusted gross receipts amount for each licensee of an 28 10 excursion gambling boat licensed to conduct gambling 28 11 games on an excursion gambling boat under chapter 99F 28 12 as of January 1, 2004. For purposes of this 28 13 subsection, the estimated adjusted gross receipts 28 14 amount for a licensee is the amount of adjusted gross 28 15 receipts from gambling games the revenue estimating 28 16 conference estimated, as of the most recent meeting of 28 17 the revenue estimating conference held prior to the 28 18 effective date of this section of this Act, a facility 28 19 licensed to conduct gambling games on an excursion 28 20 gambling boat will receive for the fiscal year 28 21 beginning July 1, 2004, and ending June 30, 2005. 28 22 b. The 2006 rebuild Iowa infrastructure assessment 28 23 provided in this subsection shall be paid by June 1, 28 24 2006, which assessment may be offset by the licensee 28 25 against taxes imposed on the licensee by section 28 26 99F.11 to the extent of twenty percent of the 28 27 assessment paid pursuant to this subsection for each 28 28 of five consecutive fiscal years beginning with the 28 29 fiscal year beginning July 1, 2010. The racing and 28 30 gaming commission shall revoke the license to conduct 28 31 gambling games of any licensee that fails to pay the 28 32 2006 rebuild Iowa infrastructure assessment as 28 33 provided in this subsection. 28 34 4. The 2005 and 2006 rebuild Iowa infrastructure 28 35 assessments imposed by this section shall be deposited 28 36 in the rebuild Iowa infrastructure fund created in 28 37 section 8.57. 28 38 Sec. 64. EFFECTIVE DATE RETROACTIVE 28 39 APPLICABILITY. 28 40 1. The section of this Act amending section 99D.6 28 41 takes effect April 1, 2004. If this Act is enacted 28 42 after April 1, 2004, the section of this Act amending 28 43 section 99D.6, being deemed of immediate importance, 28 44 takes effect upon enactment and is retroactively 28 45 applicable to April 1, 2004, and is applicable on and 28 46 after that date. 28 47 2. The section of this Act amending section 28 48 99D.25, subsection 5, takes effect April 1, 2004. If 28 49 this Act is enacted after April 1, 2004, the section 28 50 of this Act amending section 99D.25, subsection 5, 29 1 being deemed of immediate importance, takes effect 29 2 upon enactment and is retroactively applicable to 29 3 April 1, 2004, and is applicable on and after that 29 4 date. 29 5 3. The section of this Act amending section 99F.1, 29 6 subsection 10, being deemed of immediate importance, 29 7 takes effect upon enactment. 29 8 4. The section of this Act amending section 29 9 99F.4A, subsection 8, being deemed of immediate 29 10 importance, takes effect upon enactment. 29 11 5. The section of this Act amending section 99F.5, 29 12 subsection 1, being deemed of immediate importance, 29 13 takes effect upon enactment. 29 14 6. The section of this Act amending section 99F.7, 29 15 subsection 10, paragraph "e", being deemed of 29 16 immediate importance, takes effect upon enactment and 29 17 is retroactively applicable to referendums held on or 29 18 after January 1, 2002. 29 19 7. The section of this Act requiring a 29 20 socioeconomic study of gambling, being deemed of 29 21 immediate importance, takes effect upon enactment. 29 22 8. The section of this Act establishing transition 29 23 provisions concerning excursion gambling boat 29 24 cruising, being deemed of immediate importance, takes 29 25 effect upon enactment. 29 26 9. The section of this Act establishing a 2002- 29 27 2004 racetrack enclosure gambling games tax, being 29 28 deemed of immediate importance, takes effect upon 29 29 enactment and is retroactively applicable to July 1, 29 30 2002, and is applicable on and after that date. 29 31 10. The section of this Act establishing 2005 and 29 32 2006 rebuild Iowa infrastructure assessments, being 29 33 deemed of immediate importance, takes effect upon 29 34 enactment." 29 35 #2. Title page, by striking lines 3 through 5 and 29 36 inserting the following: "excursion gambling boats, 29 37 including pari-mutuel wagering, horse purses and". 29 38 HF 2302S 29 39 ec/cc/26
Text: H08567 Text: H08569 Text: H08500 - H08599 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: Thu Apr 15 03:30:58 CDT 2004
URL: /DOCS/GA/80GA/Legislation/H/08500/H08568/040414.html
jhf