Text: SF00326 Text: SF00328 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 99F.1, subsection 9, Code 2003, is 1 2 amended to read as follows: 1 3 9. "Gambling game" means any game of chance authorized by 1 4 the commission.However, for racetrack enclosures, "gambling1 5game" does not include table games of chance or video1 6machines."Gambling game" does not include sports betting. 1 7 Sec. 2. Section 99F.3, Code 2003, is amended to read as 1 8 follows: 1 9 99F.3 EXCURSION BOAT GAMBLING AUTHORIZED. 1 10 The system of wagering on a gambling game as provided by 1 11 this chapter is legal, when conducted on an excursion gambling 1 12 boat at authorized locations by a licensee as provided in this 1 13 chapter. For purposes of this section, "excursion gambling 1 14 boat" includes a facility that is not a boat, is operated by a 1 15 licensee of an excursion gambling boat, and is located within 1 16 the county in which the excursion boat is authorized to 1 17 operate and within one-quarter mile of the dock of an 1 18 excursion gambling boat operated by the licensee. 1 19 Sec. 3. Section 99F.4, subsection 17, Code 2003, is 1 20 amended to read as follows: 1 21 17. To define the excursion season and the duration of an 1 22 excursion. While an excursion gambling boat is docked, 1 23 passengers may embark or disembark at any time during its 1 24 business hours. The commission shall not require that an 1 25 excursion gambling boat leave the dock and cruise in order to 1 26 operate gambling games on the boat. 1 27 Sec. 4. Section 99F.7, subsection 1, Code 2003, is amended 1 28 to read as follows: 1 29 1. If the commission is satisfied that this chapter and 1 30 its rules adopted under this chapter applicable to licensees 1 31 have been or will be complied with, the commission shall issue 1 32 a license for a period of not more than three years to an 1 33 applicant to own a gambling game operation and to an applicant 1 34 to operate an excursion gambling boat. The commission shall 1 35 decide which of the gambling games authorized under this 2 1 chapter it will permit. The commission shall decide the 2 2 number, location, and type of excursion gambling boats 2 3 licensed under this chapter for operation on the rivers, 2 4 lakes, and reservoirs of this state. The license shall set 2 5 forth the name of the licensee, the type of license granted, 2 6 the place where the excursion gambling boats will operate and 2 7 dock, and the time and number of days during the excursion 2 8 season and the off season when gambling may be conducted by 2 9 the licensee.The commission shall not allow a licensee to2 10conduct gambling games on an excursion gambling boat while2 11docked during the off season if the licensee does not operate2 12gambling excursions for a minimum number of days during the2 13excursion season.The commission may delay the commencement 2 14 of the excursion season at the request of a licensee. 2 15 Sec. 5. NEW SECTION. 99F.7A LICENSING CERTIFICATE – 2 16 ISSUANCE – RENEWALS – FEES. 2 17 1. Notwithstanding any provision of this chapter that may 2 18 limit the number of licenses that may be issued by the 2 19 commission, the commission may issue up to three excursion 2 20 gambling boat licenses in addition to the number of licenses 2 21 issued as of January 1, 2003, under section 99F.4 to a person 2 22 holding a valid licensing certificate issued pursuant to the 2 23 requirements of this section. 2 24 2. The commission shall establish a process by which up to 2 25 three licensing certificates will be auctioned to persons who 2 26 will then be authorized to apply for a license as otherwise 2 27 provided by this chapter. The auction process shall provide 2 28 that a minimum bid of a person seeking a licensing certificate 2 29 applicable to a county with a population according to the most 2 30 recent federal decennial census of less than one hundred 2 31 thousand people shall be twenty million dollars and the 2 32 minimum bid for a person seeking a licensing certificate 2 33 applicable to all other counties shall be thirty-five million 2 34 dollars. 2 35 3. A licensing certificate issued to a person under this 3 1 section shall be valid for one year from the date of issuance 3 2 and shall be renewable on an annual basis pursuant to the 3 3 requirements of this section. 3 4 4. A person issued a licensing certificate may renew the 3 5 certificate upon payment of a renewal fee and a determination 3 6 by the commission that the person is making sufficient 3 7 progress, pursuant to criteria adopted by the commission by 3 8 rule, toward establishing and operating a facility that will 3 9 generate tax revenue pursuant to this chapter. If the 3 10 commission determines that the person has failed to make 3 11 sufficient progress, the commission shall not renew the 3 12 licensing certificate unless the person holding the 3 13 certificate pays a penalty equal to the amount paid at auction 3 14 for issuance of the certificate. If a licensing certificate 3 15 is not renewed under this section, the commission shall 3 16 auction the certificate to another person in the same manner 3 17 as the initial licensing certificate was auctioned. The 3 18 decision of the commission under this subsection constitutes 3 19 final agency action pursuant to the requirements of chapter 3 20 17A. 3 21 5. The commission shall set the renewal fee to be charged 3 22 as provided in this section in an amount not to exceed the 3 23 cost to the commission of conducting the necessary 3 24 investigation to determine eligibility for the renewal of the 3 25 licensing certificate without penalty. 3 26 6. The fees and penalties collected pursuant to this 3 27 section shall be credited to the general fund of the state as 3 28 provided for license fees in section 99F.4, subsection 2. 3 29 7. Nothing in this section shall be construed as requiring 3 30 the commission to issue a license to a person holding a valid 3 31 licensing certificate issued pursuant to this section if the 3 32 requirements of this chapter otherwise applicable to the 3 33 issuance of a license are not met. 3 34 Sec. 6. Section 99F.11, unnumbered paragraph 1, Code 2003, 3 35 is amended to read as follows: 4 1 A tax is imposed on the adjusted gross receipts received 4 2 annually from gambling games authorized under this chapter at 4 3 the rate of five percent on the first one million dollars of 4 4 adjusted gross receipts, at the rate of ten percent on the 4 5 next two million dollars of adjusted gross receipts, and at 4 6 the rate of twenty percent on any amount of adjusted gross 4 7 receipts over three million dollars.However, beginning4 8January 1, 1997, the rate on any amount of adjusted gross4 9receipts over three million dollars from gambling games at4 10racetrack enclosures is twenty-two percent and shall increase4 11by two percent each succeeding calendar year until the rate is4 12thirty-six percent.The taxes imposed by this section shall 4 13 be paid by the licensee to the treasurer of state within ten 4 14 days after the close of the day when the wagers were made and 4 15 shall be distributed as follows: 4 16 EXPLANATION 4 17 This bill makes changes to several provisions governing 4 18 gambling on excursion boats and at racetrack enclosures. 4 19 The bill amends the definition of "gambling game" by 4 20 eliminating the restriction on table games of chance and video 4 21 machines at a racetrack enclosure. 4 22 The bill permits a licensee of an excursion gambling boat 4 23 to conduct gambling games at a facility that is not a boat if 4 24 the facility is located within the county in which the 4 25 licensee is authorized to operate and within one-quarter mile 4 26 of the dock of the licensee's excursion gambling boat. 4 27 The bill amends Code section 99F.4, relating to the powers 4 28 of the racing and gaming commission, to provide that the 4 29 commission shall not require that an excursion gambling boat 4 30 cruise in order to operate gambling games. 4 31 The bill sets the maximum rate of tax on the adjusted gross 4 32 receipts received annually from gambling games at racetrack 4 33 enclosures at the same rate applied to excursion gambling 4 34 boats, 20 percent. 4 35 The bill establishes new Code section 99F.7A, which 5 1 authorizes the issuance of three additional excursion gambling 5 2 boat licenses from the number currently awarded as of January 5 3 1, 2003. The bill provides that prior to obtaining a license, 5 4 a person shall obtain a licensing certificate which will then 5 5 authorize the holder to seek a license. The certificates will 5 6 be sold at auction by the racing and gaming commission with 5 7 the minimum bid for a person seeking a license in a county 5 8 under 100,000 persons set at $20 million and the minimum bid 5 9 applicable for all other counties set at $35 million. The 5 10 certificate is good for one year and can be renewed upon 5 11 payment of a renewal fee and a determination that the holder 5 12 of the license is making sufficient progress toward completing 5 13 a revenue-generating facility. If the commission determines 5 14 that the person is not making sufficient progress, the bill 5 15 provides that the certificate can be renewed upon payment of a 5 16 penalty equal to the amount bid for that certificate. If a 5 17 licensing certificate is not renewed, the commission may 5 18 auction that certificate in the same manner as the initial 5 19 auction. The bill provides that moneys received pursuant to 5 20 this new section shall be deposited in the general fund of the 5 21 state. The bill further provides that nothing in the new 5 22 section shall be construed as requiring the commission to 5 23 issue a license to a holder of a licensing certificate. 5 24 LSB 2250SV 80 5 25 ec/cf/24
Text: SF00326 Text: SF00328 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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