House Amendment 8252


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    <<Section 1.  Section 99G.3, subsection 7, Code
     1  7 2005, 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. 2.  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. 3.  TRANSITION PROVISIONS == MONITOR VENDING
     1 31 MACHINES.
     1 32    1.  Notwithstanding any provision of section 99G.3,
     1 33 as amended by this Act, to the contrary, a retailer
     1 34 that has acquired a monitor vending machine prior to
     1 35 the effective date of this Act shall be allowed to
     1 36 offer the machine to the public for only forty=five
     1 37 days following the effective date of this Act.  On or
     1 38 after forty=five days following the effective date of
     1 39 this Act, a retailer shall not make a monitor vending
     1 40 machine available to the public except as provided in
     1 41 subsection 2.
     1 42    2.  However, a retailer that has acquired a monitor
     1 43 vending machine prior to the effective date of this
     1 44 Act may continue to offer the machine to the public
     1 45 until September 1, 2006, if prior to forty=five days
     1 46 following the effective date of this Act a waiver has
     1 47 been filed by the retailer with the Iowa lottery.  The
     1 48 waiver shall be signed by the retailer, and the
     1 49 manufacturer and distributor of the machine to be
     1 50 offered to the public pursuant to this subsection by
     2  1 the retailer, and provide that all parties agree to
     2  2 waive any and all claims any party may have against
     2  3 the Iowa lottery and the state arising out of the
     2  4 operation of this Act.
     2  5    3.  Upon filing a waiver as provided by subsection
     2  6 2, lottery revenues derived from monitor vending
     2  7 machines of the retailer and otherwise required to be
     2  8 payable to the Iowa lottery shall not be required to
     2  9 be paid to the Iowa lottery for the period on or after
     2 10 the date the waiver is filed and prior to September 1,
     2 11 2006.  Instead, revenues otherwise required to be paid
     2 12 to the Iowa lottery shall be retained by the retailer
     2 13 and allocated to the retailer, manufacturer, and
     2 14 distributor of the machine in the same percentage as
     2 15 revenues are to be allocated between the parties
     2 16 pursuant to the contracts entered into by the parties.
     2 17    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
     2 18 immediate importance, takes effect upon enactment.>
     2 19 #   .  Title page, line 2, by striking the words
     2 20 <excise tax and an>.>
     2 21
     2 22
     2 23                               
     2 24 QUIRK of Chickasaw
     2 25 SF 2330.510 81
     2 26 ec/je/4161

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