House Amendment 2082
PAG LIN
1 1 Amend Senate File 348, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 <Section 1. Section 99D.11, subsection 6,
1 6 paragraph b, Code 2007, is amended to read as follows:
1 7 b. (1) The commission may authorize the licensee
1 8 to simultaneously telecast within the racetrack
1 9 enclosure, for the purpose of pari=mutuel wagering, a
1 10 horse or dog race licensed by the racing authority of
1 11 another state. It is the responsibility of each
1 12 licensee to obtain the consent of appropriate racing
1 13 officials in other states as required by the federal
1 14 Interstate Horseracing Act of 1978, 15 U.S.C. }
1 15 3001=3007, to televise races for the purpose of
1 16 conducting pari=mutuel wagering.
1 17 (2) A licensee may also obtain the permission of a
1 18 person licensed by the commission to conduct horse or
1 19 dog races in this state to televise races conducted by
1 20 that person for the purpose of conducting pari=mutuel
1 21 racing. However, arrangements made by a licensee to
1 22 televise any race for the purpose of conducting
1 23 pari=mutuel wagering are subject to the approval of
1 24 the commission, and the commission shall select the
1 25 races to be televised. The races selected by the
1 26 commission shall be the same for all licensees
1 27 approved by the commission to televise races for the
1 28 purpose of conducting pari=mutuel wagering. The
1 29 commission shall not authorize the simultaneous
1 30 telecast or televising of and a licensee shall not
1 31 simultaneously telecast or televise any horse or dog
1 32 race for the purpose of conducting pari=mutuel
1 33 wagering unless the simultaneous telecast or
1 34 televising is done at the racetrack of a licensee that
1 35 schedules no less than sixty performances of nine live
1 36 races each day of the season or is done for an entity
1 37 licensed in another state to conduct pari=mutuel
1 38 wagering that accepts wagers only within states in
1 39 which it is licensed or authorized to accept wagers.
1 40 (3) For purposes of the taxes imposed under this
1 41 chapter, races televised by a licensee for purposes of
1 42 pari=mutuel wagering shall be treated as if the races
1 43 were held at the racetrack of the licensee.
1 44 Notwithstanding any contrary provision in this
1 45 chapter, the commission may allow a licensee to adopt
1 46 the same deductions as those of the pari=mutuel
1 47 racetrack from which the races are being
1 48 simultaneously telecast.
1 49 Sec. 2. Section 99F.6, subsection 4, paragraph a,
1 50 Code 2007, is amended to read as follows:
2 1 a. Before a license is granted, the division of
2 2 criminal investigation of the department of public
2 3 safety shall conduct a thorough background
2 4 investigation of the applicant for a license to
2 5 operate a gambling game operation on an excursion
2 6 gambling boat. The applicant shall provide
2 7 information on a form as required by the division of
2 8 criminal investigation. A qualified sponsoring
2 9 organization licensed to operate gambling games under
2 10 this chapter shall distribute the receipts of all
2 11 gambling games, less reasonable expenses, charges,
2 12 taxes, fees, and deductions allowed under this
2 13 chapter, as winnings to players or participants or
2 14 shall distribute the receipts for educational, civic,
2 15 public, charitable, patriotic, or religious uses as
2 16 defined in section 99B.7, subsection 3, paragraph "b".
2 17 However, a licensee to conduct gambling games under
2 18 this chapter shall, unless an operating agreement for
2 19 an excursion gambling boat otherwise provides,
2 20 distribute at least three percent of the adjusted
2 21 gross receipts for each license year for educational,
2 22 civic, public, charitable, patriotic, or religious
2 23 uses as defined in section 99B.7, subsection 3,
2 24 paragraph "b". However, if a licensee who is also
2 25 licensed to conduct pari=mutuel wagering at a horse
2 26 racetrack has unpaid debt from the pari=mutuel
2 27 racetrack operations, the first receipts of the
2 28 gambling games operated within the racetrack enclosure
2 29 less reasonable operating expenses, taxes, and fees
2 30 allowed under this chapter shall be first used to pay
2 31 the annual indebtedness. The commission shall
2 32 authorize, subject to the debt payments for horse
2 33 racetracks and the provisions of paragraph "b" for dog
2 34 racetracks, and the debt payment provisions of this
2 35 paragraph and the provisions of paragraph "c" for
2 36 horse racetracks, a licensee who is also licensed to
2 37 conduct pari=mutuel dog or horse racing to use
2 38 receipts from gambling games within the racetrack
2 39 enclosure to supplement purses for races particularly
2 40 for Iowa=bred horses pursuant to an agreement which
2 41 shall be negotiated between the licensee and
2 42 representatives of the dog or horse owners. For
2 43 agreements subject to commission approval concerning
2 44 purses for horse racing beginning on or after January
2 45 1, 2006, and ending before January 1, 2021, the
2 46 agreements shall provide that total annual purses for
2 47 all horse racing shall be no less than eleven percent
2 48 of the first two hundred million dollars of net
2 49 receipts, and six percent of net receipts above two
2 50 hundred million dollars. Agreements that are subject
3 1 to commission approval concerning horse purses for a
3 2 particular period of time beginning on or after
3 3 January 1, 2006, and ending before January 1, 2021,
3 4 shall be jointly submitted to the commission for
3 5 approval. A qualified sponsoring organization shall
3 6 not make a contribution to a candidate, political
3 7 committee, candidate's committee, state statutory
3 8 political committee, county statutory political
3 9 committee, national political party, or fund=raising
3 10 event as these terms are defined in section 68A.102.
3 11 The membership of the board of directors of a
3 12 qualified sponsoring organization shall represent a
3 13 broad interest of the communities. For purposes of
3 14 this paragraph, "net receipts" means the annual
3 15 adjusted gross receipts from all gambling games less
3 16 the annual amount of money pledged by the owner of the
3 17 facility to fund a project approved to receive vision
3 18 Iowa funds as of July 1, 2004.
3 19 Sec. 3. Section 99F.6, subsection 4, Code 2007, is
3 20 amended by adding the following new paragraph:
3 21 NEW PARAGRAPH. c. (1) The commission shall
3 22 authorize the licensee of a pari=mutuel horse
3 23 racetrack located in Polk county to conduct gambling
3 24 games as provided in section 99F.4A if the licensee
3 25 conducts, during a calendar year, a live horse racing
3 26 meet including both thoroughbred horses and quarter
3 27 horses during a combined total of not less than ninety
3 28 performance days and a live horse racing meet for
3 29 standardbred horses of not less than seventeen
3 30 performance days. In conducting the live horse racing
3 31 meet for thoroughbred horses and quarter horses, the
3 32 licensee shall conduct no less than seven hundred
3 33 sixty live racing performances for no less than ninety
3 34 performance days for thoroughbred horses, and no less
3 35 than one hundred ninety=two live horse racing
3 36 performances for no less than forty=six performance
3 37 days for quarter horses. In conducting the live horse
3 38 racing meet for standardbred horses, the licensee
3 39 shall conduct no less than one hundred fifty=three
3 40 live racing performances for no less than seventeen
3 41 performance days. However, the number of live races
3 42 shall be subject to availability of horses and
3 43 competitive field sizes and a live race shall not be
3 44 conducted if there are fewer than five betting
3 45 interests for that race at the time entries are
3 46 closed.
3 47 (2) For agreements subject to commission approval
3 48 concerning purses for horse racing beginning on or
3 49 after January 1, 2008, and ending before January 1,
3 50 2021, the agreements shall provide that total annual
4 1 purses for all horse racing shall be no less than
4 2 eleven percent of the first two hundred million
4 3 dollars of net receipts, and six percent of net
4 4 receipts above two hundred million dollars. In
4 5 addition, for agreements concerning horse racing
4 6 between the licensee operating the horse racetrack in
4 7 Polk county and representatives of standardbred horse
4 8 owners, the agreement shall include a supplemental
4 9 amount for standardbred horse races held at county
4 10 fair racetracks in the state in an amount not less
4 11 than one million two hundred thousand dollars and the
4 12 supplemental amount shall not be included in
4 13 determining the total annual purses for all horse
4 14 racing that is required to be paid as provided by this
4 15 paragraph "c". Any agreement that is subject to
4 16 commission approval concerning horse racing beginning
4 17 on or after January 1, 2008, and ending before January
4 18 1, 2021, including but not limited to provisions
4 19 governing horse purses and the purses or amounts for
4 20 each applicable horse breed, and racing schedules,
4 21 shall be jointly submitted to the commission for
4 22 approval. All parties negotiating an agreement
4 23 subject to commission approval, as well as the
4 24 commission, shall consider that the purpose of
4 25 building the horse racetrack was to facilitate the
4 26 development and promotion of Iowa thoroughbred,
4 27 quarter horse, and standardbred horses in this state
4 28 and shall negotiate and make decisions in accordance
4 29 with that purpose. For purposes of this subparagraph,
4 30 "net receipts" means the annual adjusted gross
4 31 receipts from all gambling games.>
4 32 #2. Page 3, by striking lines 14 through 17 and
4 33 inserting the following:
4 34 <Sec. . EFFECTIVE DATE == RETROACTIVE
4 35 APPLICABILITY.
4 36 1. The sections of this Act amending section
4 37 99F.6, subsection 4, take effect January 1, 2008.
4 38 2. The section of this Act amending section 99F.7,
4 39 subsection 11, being deemed of immediate importance,
4 40 takes effect upon enactment and is retroactively
4 41 applicable to elections occurring on and after January
4 42 1, 1994.>
4 43 #3. Title page, by striking lines 1 and 2 and
4 44 inserting the following: <An Act concerning horses
4 45 and horse racing, by providing for pari=mutuel
4 46 wagering, minimum racing days and horse racing
4 47 agreements among representatives of horse breeds,
4 48 county gambling elections, including effective date
4 49 and retroactive applicability provisions.>
4 50 #4. By renumbering as necessary.
5 1
5 2
5 3
5 4 QUIRK of Chickasaw
5 5
5 6
5 7
5 8 MERTZ of Kossuth
5 9
5 10
5 11
5 12 DE BOEF of Keokuk
5 13
5 14
5 15
5 16 SANDS of Louisa
5 17
5 18
5 19
5 20 D. OLSON of Boone
5 21
5 22
5 23
5 24 GREINER of Washington
5 25 SF 348.303 82
5 26 ec/cf/9745
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