Text: HF00593 Text: HF00595 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 594 1 2 1 3 AN ACT 1 4 RELATING TO THE REGISTRATION OF ELECTRICAL AND MECHANICAL 1 5 AMUSEMENT DEVICES AND THE REGISTRATION OF MANUFACTURERS 1 6 AND DISTRIBUTORS THEREOF, ESTABLISHING FEES, MAKING AN 1 7 APPROPRIATION, MAKING PENALTIES APPLICABLE, AND PROVIDING 1 8 AN EFFECTIVE DATE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 99B.10, Code 2003, is amended by adding 1 13 the following new subsections: 1 14 NEW SUBSECTION. 4. Each electrical and mechanical 1 15 amusement device in operation or distributed in this state 1 16 that awards a prize, as provided in this section, where the 1 17 outcome is not primarily determined by the skill or knowledge 1 18 of the operator, is registered by the department as provided 1 19 by this subsection. For an organization that meets the 1 20 requirements of section 99B.7, subsection 1, paragraph "m", no 1 21 more than four, and for all other persons, no more than two 1 22 electrical and mechanical amusement devices registered as 1 23 provided by this subsection shall be permitted or offered for 1 24 use in any single location or premises. Each person owning an 1 25 electrical and mechanical amusement device in this state shall 1 26 obtain a registration tag for each electrical and mechanical 1 27 amusement device owned that is required to be registered as 1 28 provided in this subsection. Upon receipt of an application 1 29 and a fee of twenty-five dollars for each device required to 1 30 be registered, the department shall issue an annual 1 31 registration tag which tag shall be displayed as required by 1 32 rules adopted by the department. The application shall be 1 33 submitted on forms designated by the department and contain 1 34 the information required by rule of the department. A 1 35 registration may be renewed annually upon submission of a 2 1 registration application and payment of the annual 2 2 registration fee and compliance with this chapter and the 2 3 rules adopted pursuant to this chapter. A person owning or 2 4 leasing an electrical and mechanical amusement device required 2 5 to be registered under this subsection shall only own or lease 2 6 an electrical and mechanical amusement device that is required 2 7 to be registered that has been purchased from a manufacturer, 2 8 manufacturer's representative, or distributor registered with 2 9 the department under section 99B.10A. 2 10 NEW SUBSECTION. 5. Any awards given for use of an 2 11 amusement device shall only be redeemed on the premises where 2 12 the device is located and only for merchandise sold in the 2 13 normal course of business for the premises. 2 14 NEW SUBSECTION. 6. Any other requirements as determined 2 15 by the department by rule. Rules adopted pursuant to this 2 16 subsection shall be formulated in consultation with affected 2 17 state agencies and industry and consumer groups. 2 18 Sec. 2. NEW SECTION. 99B.10A MANUFACTURERS AND 2 19 DISTRIBUTORS OF ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES – 2 20 REGISTRATION. 2 21 A person engaged in business in this state as a 2 22 manufacturer, manufacturer's representative, or distributor of 2 23 electrical and mechanical amusement devices required to be 2 24 registered as provided in section 99B.10, subsection 4, shall 2 25 register with the department. Each person who registers with 2 26 the department under this section shall pay an annual 2 27 registration fee of two thousand five hundred dollars. 2 28 Registration shall be submitted on forms designated by the 2 29 department that shall contain the information required by the 2 30 department by rule. The department shall adopt rules 2 31 providing for the submission of information to the department 2 32 by a person registered pursuant to this section if information 2 33 in the initial registration is changed, including 2 34 discontinuing the business in this state. 2 35 Sec. 3. NEW SECTION. 99B.10B REVOCATION OF REGISTRATION 3 1 – ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES. 3 2 The department may revoke a registration issued pursuant to 3 3 section 99B.10 or 99B.10A, for a period not to exceed two 3 4 years, for cause, following at least ten days written notice 3 5 and opportunity for an evidentiary hearing, pursuant to rules 3 6 adopted by the department. The rules shall provide that a 3 7 registration may be revoked if the registrant or agent of the 3 8 registrant violates, or permits a violation, of section 99B.10 3 9 or 99B.10A, violates any rule adopted by the department under 3 10 this chapter that the department determines should warrant 3 11 revocation of the registration, or engages in any act or 3 12 omission that would have permitted the department to refuse to 3 13 issue a registration under section 99B.10 or 99B.10A. 3 14 Sec. 4. Section 725.16, Code 2003, is amended to read as 3 15 follows: 3 16 725.16 GAMBLING PENALTY. 3 17 A person who commits an offense declared in chapter 99B to 3 18 be a misdemeanor shall be guilty of a serious misdemeanor 3 19except if an owner of an electrical or mechanical amusement3 20device commits an offense in violation of section 99B.10, the3 21owner is guilty of a class "D" felony. 3 22 Sec. 5. ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES – 3 23 SPECIAL FUND. Fees collected by the department of inspections 3 24 and appeals pursuant to section 99B.10 for the fiscal years 3 25 beginning July 1, 2003, and July 1, 2004, shall be deposited 3 26 in a special fund created in the state treasury. Moneys in 3 27 the fund are appropriated to the department of inspections and 3 28 appeals and the department of public safety for administration 3 29 and enforcement of sections 99B.10 and 99B.10A, including 3 30 employment of necessary personnel. The distribution of moneys 3 31 in the fund to the department of inspections and appeals and 3 32 the department of public safety shall be pursuant to a written 3 33 policy agreed upon by the departments. Notwithstanding 3 34 section 12C.7, subsection 2, interest or earnings on moneys 3 35 deposited in the fund shall be credited to the fund. 4 1 Sec. 6. DEPARTMENTAL REPORT. The department of 4 2 inspections and appeals, in consultation with the department 4 3 of public safety, shall submit a written report to the general 4 4 assembly by December 31, 2004, with copies to the committees 4 5 on government oversight and state government of the senate and 4 6 house of representatives, that provides details on the 4 7 implementation of this Act, including fees collected annually, 4 8 and expenses by all state government agencies for 4 9 administration, registration issuance, inspection, and other 4 10 costs related to this Act. The department shall also include 4 11 information in the report as to its projections as to whether 4 12 the fees collected under this Act are properly set to cover 4 13 future expenses of applicable state agencies under this Act. 4 14 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 4 15 immediate importance, takes effect upon enactment. 4 16 4 17 4 18 4 19 CHRISTOPHER C. RANTS 4 20 Speaker of the House 4 21 4 22 4 23 4 24 MARY E. KRAMER 4 25 President of the Senate 4 26 4 27 I hereby certify that this bill originated in the House and 4 28 is known as House File 594, Eightieth General Assembly. 4 29 4 30 4 31 4 32 MARGARET THOMSON 4 33 Chief Clerk of the House 4 34 Approved , 2003 4 35 5 1 5 2 5 3 THOMAS J. VILSACK 5 4 Governor
Text: HF00593 Text: HF00595 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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