Text: HSB00121 Text: HSB00123 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 99D.2, subsection 8, Code 2003, is 1 2 amended to read as follows: 1 3 8. "Racetrack enclosure" means all real property utilized 1 4 for the conduct of a race meeting, including the racetrack, 1 5 grandstand,clubhouse, turf club or other areas of a licensed1 6racetrack which a person may enter only upon payment of an1 7admission fee, or upon payment by another, at any time, based1 8upon the person's admittance, or upon presentation of1 9authorized credentials. "Racetrack enclosure" also means1 10 concession stands, offices, barns, kennels and barn areas, 1 11 employee housing facilities, parking lots, and any additional 1 12 areas designated by the commission. 1 13 Sec. 2. Section 99D.5, subsection 4, Code 2003, is amended 1 14 to read as follows: 1 15 4. Commission members are each entitled to receive an 1 16 annual salary of six thousand dollars. Members shall also be 1 17 reimbursed for actual expenses incurred in the performance of 1 18 their duties to a maximum of thirty thousand dollars per year 1 19 for the commission. Each member shallpost a bond in the1 20amount of ten thousand dollars, with sureties to be approved1 21by the governor, to guarantee the proper handling and1 22accounting of moneys and other properties required in the1 23administration of this chapter. The premiums on the bonds1 24shall be paid as other expenses of the commissionbe covered 1 25 by the blanket bond of the state pursuant to section 18.12, 1 26 subsection 16. 1 27 Sec. 3. Section 99D.6, Code 2003, is amended to read as 1 28 follows: 1 29 99D.6 CHAIRPERSON – ADMINISTRATOR – EMPLOYEES – DUTIES 1 30 – BOND. 1 31 The commission shall elect in July of each year one of its 1 32 members chairperson for the succeeding year. The commission 1 33 shall appoint an administrator of the commission subject to 1 34 confirmation by the senate. The administrator shall serve a 1 35 four-year term. The term shall begin and end in the same 2 1 manner as set forth in section 69.19. A vacancy shall be 2 2 filled for the unexpired portion of the term in the same 2 3 manner as a full-term appointment is made. The administrator 2 4 may hire other assistants and employees as necessary to carry 2 5 out the commission's duties. Some or all of the information 2 6 required of applicants in section 99D.8A, subsections 1 and 2, 2 7 may also be required of employees of the commission if the 2 8 commission deems it necessary. The administrator shall keep a 2 9 record of the proceedings of the commission, and preserve the 2 10 books, records, and documents entrusted to the administrator's 2 11 care. Thecommission shall require theadministratorto post2 12a bond in a sum it may fix, conditioned upon the faithful2 13performance of the administrator's dutiesshall be covered by 2 14 the blanket bond of the state pursuant to section 18.12, 2 15 subsection 16. Subject to the approval of the governor, the 2 16 commission shall fix the compensation of the administrator 2 17 within the salary range as set by the general assembly. The 2 18 commission shall have its headquarters in the city of Des 2 19 Moines, and shall meet in July of each year and at other times 2 20 and places as it finds necessary for the discharge of its 2 21 duties. 2 22 Sec. 4. Section 99D.7, subsection 8, Code 2003, is amended 2 23 to read as follows: 2 24 8. To investigate alleged violations of this chapter or 2 25 the commission rules, orders, or final decisions and to take 2 26 appropriate disciplinary action against a licensee or a holder 2 27 of an occupational license for the violation, or institute 2 28 appropriate legal action for enforcement, or both. 2 29 Information gathered during an investigation is confidential 2 30 during the pendency of the investigation. Decisions by the 2 31 commission are final agency actions pursuant to chapter 17A. 2 32 Sec. 5. Section 99D.7, subsection 19, Code 2003, is 2 33 amended to read as follows: 2 34 19. To require licensees to indicate in their racing 2 35 programs those horses which are treated with the legal 3 1 medicationlasixfurosemide or phenylbutazone. The program 3 2 shall also indicate if it is the first or subsequent time that 3 3 a horse is racing withlasixfurosemide, or if the horse has 3 4 previously raced withlasixfurosemide and the present race is 3 5 the first race for the horse withoutlasixfurosemide 3 6 following its use. 3 7 Sec. 6. Section 99D.9, subsections 1 and 2, are amended to 3 8 read as follows: 3 9 1. If the commission is satisfied that its rules and 3 10 sections 99D.8 through 99D.25 applicable to licensees have 3 11 been or will be complied with, it may issue a license for a 3 12 period of not more than three years. The commission may 3 13 decide which types of racing it will permit. The commission 3 14 may permit dog racing, horse racing of various types, or both 3 15 dog and horse racing. The commission shall decide the number, 3 16 location, and type of all racetracks licensed under this 3 17 chapter. The license shall set forth the name of the 3 18 licensee, the type of license granted, the place where the 3 19 race meeting is to be held, and the time and number of days 3 20 during which racing may be conducted by the licensee.The3 21commission shall not approve the licenses for racetracks in3 22Dubuque county and Black Hawk county if the proposed racing3 23schedules of the two tracks conflict.The commission shall 3 24 not approve a license application if any part of the racetrack 3 25 is to be constructed on prime farmland outside the city limits 3 26 of an incorporated city. As used in this subsection, "prime 3 27 farmland" means as defined by the United States department of 3 28 agriculture in 7 C.F.R.sec.} 657.5(a). A license is not 3 29 transferable or assignable. The commission may revoke any 3 30 license issued for good cause upon reasonable notice and 3 31 hearing. The commission shall conduct a neighborhood impact 3 32 study to determine the impact of granting a license on the 3 33 quality of life in neighborhoods adjacent to the proposed 3 34 racetrack facility. The applicant for the license shall 3 35 reimburse the commission for the costs incurred in making the 4 1 study. A copy of the study shall be retained on file with the 4 2 commission and shall be a public record. The study shall be 4 3 completed before the commission may issue a license for the 4 4 proposed facility. 4 5 2. A license shall only be granted to a nonprofit 4 6 corporation or association upon the express condition that:4 7a. Thethe nonprofit corporation or association shall not, 4 8 by a lease, contract, understanding, or arrangement of any 4 9 kind, grant, assign, or turn over to a person the operation of 4 10 a race meeting licensed under this section or of the pari- 4 11 mutuel system of wagering described in section 99D.11. This 4 12 section does not prohibit a management contract approved by 4 13 the commission. 4 14b. The nonprofit corporation shall not in any manner4 15permit a person other than the licensee to have a share,4 16percentage, or proportion of the money received for admissions4 17to the race or race meeting.4 18 Sec. 7. Section 99D.15, subsection 3, paragraph d, Code 4 19 2003, is amended by striking the paragraph. 4 20 Sec. 8. Section 99D.19, Code 2003, is amended to read as 4 21 follows: 4 22 99D.19 HORSE OR DOG RACING – LICENSEES – RECORDS – 4 23 REPORTS – SUPERVISION. 4 24 1. A licensee shall keep its books and records so as to 4 25 clearly show the following: 4 261.a. The total number of admissionsto races conducted by4 27it on each racing day, including the number of admissions upon4 28free passes or complimentary ticketsfor each day of 4 29 operation. 4 302.b.The amount received daily from admission fees.4 313.The total amount of money wageredduring the race meet4 32 for each day of operation. 4 33 2. The licensee shall furnish to the commission reports 4 34 and information as the commission may require with respect to 4 35 its activities. The commission may designate a representative 5 1 to attend a licensed race meeting, who shall have full access 5 2 to all places within the enclosure of the meeting and who 5 3 shall supervise and check the admissions. The compensation of 5 4 the representative shall be fixed by the commission but shall 5 5 be paid by the licensee. 5 6 Sec. 9. Section 99D.23, subsection 1, Code 2003, is 5 7 amended to read as follows: 5 8 1. The commission shall employ one or more chemists or 5 9 contract with a qualified chemical laboratory to determine by 5 10 chemical testing and analysis of saliva, urine, blood, or 5 11 other excretions or body fluids whether a substance or drug 5 12 has been introduced which may affect the outcome of a race or 5 13 whether an action has been taken or a substance or drug has 5 14 been introduced which may interfere with the testing 5 15 procedure. The commission shall adopt rules under chapter 17A 5 16 concerning procedures and actions taken on positive drug 5 17 reports. The commission may adopt by referencethe standards5 18of the national association of state racing commissioners, the5 19association of official racing chemists, and New York jockey5 20club, or the United States trotting association,nationally 5 21 recognized standards as determined by the commission or may 5 22 adopt any other procedure or standard. The commission has the 5 23 authority to retain and preserve by freezing, test samples for 5 24 future analysis. 5 25 Sec. 10. Section 99D.25, subsection 1, paragraph a, Code 5 26 2003, is amended to read as follows: 5 27 a. "Drugging" means administering to a horse or dog any 5 28 substance foreign to the natural horse or dog prior to the 5 29 start of a race. However, in counties with a population of 5 30 two hundred fifty thousand or more, "drugging" does not 5 31 include administering to a horse the drugslasixfurosemide 5 32 and phenylbutazone in accordance with section 99D.25A and 5 33 rules adopted by the commission. 5 34 Sec. 11. Section 99D.25, subsection 9, Code 2003, is 5 35 amended to read as follows: 6 1 9. The commission shall conduct random tests of bodily 6 2 substances of horses entered to race each day of a race 6 3 meeting to aid in the detection of any unlawful drugging. The 6 4 testsshallmay be conducted both prior to and after a race. 6 5 The commission shall also test any horse that breaks down 6 6 during a race and shall perform an autopsy on any horse that 6 7 is killed or subsequently destroyed as a result of an accident 6 8 during a race. 6 9 Sec. 12. Section 99D.25A, subsections 3 through 7, Code 6 10 2003, are amended to read as follows: 6 11 3. If a horse is to race with phenylbutazone in its 6 12 system, the trainer, or trainer's designee, shall be 6 13 responsible for marking the information on the entry blank for 6 14 each race in which the horse shall use phenylbutazone. 6 15 Changes made after the time of entry must be submitted on the 6 16 prescribed form to the commission veterinarian no later than 6 17 scratch time. 6 18 4. If a test detects concentrations of phenylbutazone in 6 19 the system of a horse in excess of the level permitted in this 6 20 section, the commission shall assess a civil penalty against 6 21 the trainer of at least two hundred dollars for the first 6 22 offense and at least five hundred dollars for a second 6 23 offense. The penalty for a third or subsequent offense shall 6 24 be in the discretion of the commission. A penalty assessed 6 25 under this subsection shall not affect the placing of the 6 26 horse in the race. 6 27 5.LasixFurosemide may be administered to certified 6 28 bleeders. Upon request, any horse placed on the bleeder list 6 29 shall, in its next race, be permitted the use oflasix6 30 furosemide. Once a horse has raced withlasixfurosemide, it 6 31 must continue to race withlasixfurosemide in all subsequent 6 32 races unless a request is made to discontinue the use. If the 6 33 use oflasixfurosemide is discontinued, the horse shall be 6 34 prohibited from again racing withlasixfurosemide unless it 6 35 is later observed to be bleeding. Requests for the use of or 7 1 discontinuance oflasixfurosemide must be made to the 7 2 commission veterinarian by the horse's trainer or assistant 7 3 trainer on a form prescribed by the commission on or before 7 4 the day of entry into the race for which the request is made. 7 5 6. Once a horse has been permitted the use oflasix7 6 furosemide, the horse must be treated withlasixfurosemide in 7 7 the horse's stall, unless the commission provides that a horse 7 8 must be brought to the detention barn for treatment. After 7 9 thelasixfurosemide treatment, the commission, by rule, may 7 10 authorize the release of the horse from the horse's stall or 7 11 detention barn before the scheduled post time. If a horse is 7 12 brought to the detention barn late, the commission shall 7 13 assess a civil penalty of one hundred dollars against the 7 14 trainer. 7 15 7. A horse entered to race withlasixfurosemide must be 7 16 treated at least four hours prior to post time. Thelasix7 17 furosemide shall be administered intravenously by a 7 18 veterinarian employed by the owner or trainer of the horse. 7 19 The commission shall adopt rules to ensure thatlasix7 20 furosemide is administered as provided in this section. The 7 21 commission shall require that the practicing veterinarian 7 22 deliver an affidavit signed by the veterinarian which 7 23 certifies information regarding the treatment of the horse. 7 24 The affidavit must be delivered to a commission veterinarian 7 25 within twenty minutes following the treatment. The statement 7 26 must at least include the name of the practicing veterinarian, 7 27 the tattoo number of the horse, the location of the barn and 7 28 stall where the treatment occurred, the race number of the 7 29 horse, the name of the trainer, and the time that thelasix7 30 furosemide was administered.LasixFurosemide shall only be 7 31 administered in a dose level of two hundred fifty milligrams. 7 32 Sec. 13. Section 99F.1, subsection 9, Code 2003, is 7 33 amended to read as follows: 7 34 9. "Gambling game" means any game of chance authorized by 7 35 the commission. However, for racetrack enclosures, "gambling 8 1 game" does not include table games of chanceor video8 2machines. "Gambling game" does not include sports betting. 8 3 Sec. 14. Section 99F.1, subsection 15, Code 2003, is 8 4 amended to read as follows: 8 5 15. "Racetrack enclosure" means all real property utilized 8 6 for the conduct of a race meeting, including the racetrack, 8 7 grandstand,clubhouse, turf club, or other areas of a licensed8 8racetrack which an individual may enter only upon payment of8 9an admission fee, or upon payment by another, at any time,8 10based upon the individual's admittance, or upon presentation8 11of authorized credentials. "Racetrack enclosure" also means8 12 concession stands, offices, barns, kennels and barn areas, 8 13 employee housing facilities, parking lots, and any additional 8 14 areas designated by the commission. 8 15 Sec. 15. Section 99F.4, subsection 6, Code 2003, is 8 16 amended to read as follows: 8 17 6. To investigate alleged violations of this chapter or 8 18 the commission rules, orders, or final decisions and to take 8 19 appropriate disciplinary action against a licensee or a holder 8 20 of an occupational license for a violation, or institute 8 21 appropriate legal action for enforcement, or both. 8 22 Information gathered during an investigation is confidential 8 23 during the pendency of the investigation. 8 24 Sec. 16. Section 99F.4, subsection 20, Code 2003, is 8 25 amended by striking the subsection. 8 26 Sec. 17. Section 99F.12, Code 2003, is amended to read as 8 27 follows: 8 28 99F.12 LICENSEES – RECORDS – REPORTS – SUPERVISION. 8 29 1. A licensee shall keep its books and records so as to 8 30 clearly show all of the following: 8 311.a. The total number of admissionsto gambling8 32excursions conducted by the licensee on each day, including8 33the number of admissions upon free passes or complimentary8 34ticketsfor each day of operation. 8 352.b.The amount received daily from admission fees.9 13.The total amount of money wageredduring each excursion9 2dayand the adjusted gross receipts fortheeach day of 9 3 operation. 9 4 2. The licensee shall furnish to the commission reports 9 5 and information as the commission may require with respect to 9 6 its activities. The gross receipts and adjusted gross 9 7 receipts from gambling shall be separately handled and 9 8 accounted for from all other moneys received from operation of 9 9 an excursion gambling boat. The commission may designate a 9 10 representative to board a licensed excursion gambling boat, 9 11 who shall have full access to all places within the enclosure 9 12 of the boat, who shall directly supervise the handling and 9 13 accounting of all gross receipts and adjusted gross receipts 9 14 from gambling, and who shall supervise and check the 9 15 admissions. The compensation of a representative shall be 9 16 fixed by the commission but shall be paid by the licensee. 9 17 3. The books and records kept by a licensee as provided by 9 18 this section are public records and the examination, 9 19 publication, and dissemination of the books and records are 9 20 governed by the provisions of chapter 22. 9 21 Sec. 18. Section 99F.17, subsections 5 and 6, Code 2003, 9 22 are amended to read as follows: 9 23 5. The manufacturer or distributor of gambling games or 9 24 implements of gambling shall provide the commission witha9 25copy of the invoicewritten notice showing the items shipped 9 26 to the licenseeand a copy of the bill of lading. 9 27 6. Subsection 2 does not apply in the following cases, if 9 28 approved by the commission: 9 29 a. Gambling games or implements of gambling previously 9 30 installedon an excursion gambling boatin a gambling location 9 31 licensed in another jurisdiction. 9 32 b. Gambling games or implements of gambling previously 9 33 installedon an excursion gambling boatin a gambling location 9 34 licensed in this state. 9 35 EXPLANATION 10 1 This bill makes several changes to provisions governing 10 2 pari-mutuel wagering and gambling at racetracks and on 10 3 gambling boats. 10 4 The bill amends the definition of "racetrack enclosure" in 10 5 Code chapters 99D and 99F to provide that all real property 10 6 utilized for the conduct of a race meeting is included within 10 7 the definition. 10 8 Code sections 99D.5 and 99D.6 are amended to provide that 10 9 the members of the racing and gaming commission, and the 10 10 administrator of the commission, are covered by the state's 10 11 blanket bond. 10 12 Code sections 99D.7, subsection 8, and 99F.4, subsection 6, 10 13 concerning investigations conducted by the racing and gaming 10 14 commission, are amended to provide that information gathered 10 15 during the pendency of the investigation is confidential. 10 16 The bill also changes the term "lasix" to "furosemide" 10 17 wherever it occurs in Code chapter 99D. 10 18 Code section 99D.9 is amended to eliminate the current 10 19 reference to approving licenses for racetracks in Dubuque and 10 20 Black Hawk counties. In addition, the requirement that a 10 21 nonprofit organization seeking a license ensure that no 10 22 person, other than the licensee, shall obtain a share of 10 23 moneys received for admission to a race meeting, is 10 24 eliminated. 10 25 Code section 99D.15 is amended to eliminate the provision 10 26 granting a license a no-interest loan in an amount related to 10 27 the licensee's tax liability during the 1991-1992 racing 10 28 season. 10 29 Code section 99D.19, governing reports submitted by horse 10 30 or dog racing licensees, and Code section 99F.12, governing 10 31 reports submitted by excursion boat licensees, are amended to 10 32 provide that admission reports and wagering reports are to be 10 33 made for each day of operation and not just during the race 10 34 meet for the tracks or each day for excursion boats. Specific 10 35 requirements relating to admission fees are eliminated. 11 1 Code section 99D.23 is amended to allow the racing and 11 2 gaming commission to adopt, by reference, any nationally 11 3 recognized standard relating to chemical testing. The bill 11 4 does not modify the ability of the commission to adopt any 11 5 other procedure or standard. 11 6 Code section 99D.25, subsection 9, is amended to eliminate 11 7 the requirement to randomly drug test horses both before and 11 8 after a race. The current requirement to randomly drug test 11 9 horses on the day of a race remains. 11 10 Code section 99D.25A is amended to allow a trainer's 11 11 designee the ability to provide information on the entry blank 11 12 relating to a horse's use of phenylbutazone. In addition, the 11 13 Code section is amended to provide that the civil penalties 11 14 the commission can impose for a first or second offense 11 15 violation of this Code section are minimum amounts. Code 11 16 section 99D.7, subsection 18, remains and provides for a 11 17 maximum fine of $1,000. 11 18 Code section 99F.4, governing the powers granted the 11 19 commission concerning excursion boats and racetracks, is 11 20 amended to eliminate the authority of the commission to 11 21 establish minimum admission charges and to regulate the number 11 22 of free admissions. 11 23 Code section 99F.17, governing the licensing of 11 24 manufacturers and distributors of gambling devices, is 11 25 amended. The bill eliminates the requirement to submit a copy 11 26 of the invoice and bill of lading for each gambling item 11 27 shipped and provides that only written notice of the items 11 28 shipped be submitted to the commission. In addition, the bill 11 29 allows gambling games or implements previously installed at a 11 30 gambling location licensed in another jurisdiction or within 11 31 the state to be permitted by a manufacturer or distributor of 11 32 such items that is not licensed in Iowa. Currently, the 11 33 licensure exception applies only to items previously installed 11 34 on an excursion gambling boat. 11 35 LSB 1317DP 80 12 1 ec/cl/14
Text: HSB00121 Text: HSB00123 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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