House Amendment 8241


PAG LIN




     1  1    Amend the amendment, H=8228, to Senate File 2330,
     1  2 as amended, passed, and reprinted by the Senate, as
     1  3 follows:
     1  4 #1.  By striking page 1, line 5, through page 2,
     1  5 line 19, and inserting the following:
     1  6    <Sec.    .  Section 99G.3, subsection 7, Code 2005,
     1  7 is amended to read as follows:
     1  8    7.  "Lottery", "lotteries", "lottery game",
     1  9 "lottery games" or "lottery products" means any game
     1 10 of chance approved by the board and operated pursuant
     1 11 to this chapter and games using mechanical or
     1 12 electronic devices, provided that the authority shall
     1 13 not authorize a monitor vending machine or a player=
     1 14 activated gaming machine that utilizes an internal
     1 15 randomizer to determine winning and nonwinning plays
     1 16 and that upon random internal selection of a winning
     1 17 play dispenses coins, currency, or a ticket, credit,
     1 18 or token to the player that is redeemable for cash or
     1 19 a prize, and excluding gambling or gaming conducted
     1 20 pursuant to chapter 99B, 99D, or 99F.
     1 21    Sec.    .  Section 99G.3, Code 2005, is amended by
     1 22 adding the following new subsection:
     1 23    NEW SUBSECTION.  8A.  "Monitor vending machine"
     1 24 means a machine or other similar electronic device
     1 25 that includes a video monitor and audio capabilities
     1 26 that dispenses to a purchaser lottery tickets that
     1 27 have been determined to be winning or losing tickets
     1 28 by a predetermined pool drawing machine prior to the
     1 29 dispensing of the tickets.
     1 30    Sec.    .  NEW SECTION.  99G.30A  MONITOR VENDING
     1 31 MACHINE == TAX IMPOSED.
     1 32    1.  If revenues are generated from monitor vending
     1 33 machines on or after forty=five days following the
     1 34 effective date of this Act, then there shall be a
     1 35 monitor vending machine excise tax imposed on net
     1 36 monitor vending machine revenue receipts at the rate
     1 37 of sixty=five percent.
     1 38    2.  a.  The director of revenue shall administer
     1 39 the monitor vending machine excise tax as nearly as
     1 40 possible in conjunction with the administration of
     1 41 state sales tax laws.  The director shall provide
     1 42 appropriate forms or provide appropriate entries on
     1 43 the regular state tax forms for reporting local sales
     1 44 and services tax liability.
     1 45    b.  All powers and requirements of the director to
     1 46 administer the state sales and use tax law are
     1 47 applicable to the administration of the monitor
     1 48 vending machine excise tax, including but not limited
     1 49 to the provisions of section 422.25, subsection 4,
     1 50 sections 422.30, 422.67, and 422.68, section 422.69,
     2  1 subsection 1, sections 422.70 to 422.75, section
     2  2 423.14, subsection 1 and subsection 2, paragraphs "b"
     2  3 through "e", and sections 423.15, 423.23, 423.24,
     2  4 423.25, 423.31 to 423.35, 423.37 to 423.42, 423.46,
     2  5 and 423.47.
     2  6    c.  Frequency of deposits and quarterly reports of
     2  7 the monitor vending machine excise tax with the
     2  8 department of revenue are governed by the tax
     2  9 provisions in section 423.31.  Monitor vending machine
     2 10 excise tax collections shall not be included in
     2 11 computation of the total tax to determine frequency of
     2 12 filing under section 423.31.
     2 13    3.  For purposes of this section, "net monitor
     2 14 vending machine revenue receipts" means the gross
     2 15 receipts received from monitor vending machines less
     2 16 prizes awarded.
     2 17    Sec.    .  TRANSITION PROVISIONS == MONITOR VENDING
     2 18 MACHINES.  Notwithstanding any provision of section
     2 19 99G.3, as amended by this Act, to the contrary, a
     2 20 retailer that has acquired a monitor vending machine
     2 21 prior to the effective date of this Act shall be
     2 22 allowed to offer the machine to the public for only
     2 23 forty=five days following the effective date of this
     2 24 Act.  On or after forty=five days following the
     2 25 effective date of this Act, a retailer shall not make
     2 26 a monitor vending machine available to the public.
     2 27    Sec.    .  EFFECTIVE DATE.  This Act, being deemed
     2 28 of immediate importance, takes effect upon enactment.>
     2 29
     2 30
     2 31                               
     2 32 CARROLL of Poweshiek
     2 33 SF 2330.708 81
     2 34 ec/gg/4155

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