H.F. 2330 Section 1. Section 99F.7, subsection 11, Code 2009, is 1 amended to read as follows: 2 11. a. A license to conduct gambling games on an excursion 3 gambling boat in a county shall be issued only if the county 4 electorate approves the conduct of the gambling games as 5 provided in this subsection. The board of supervisors, 6 upon receipt of a valid petition meeting the requirements 7 of section 331.306, and subject to the requirements of 8 paragraph “e” , shall direct the commissioner of elections to 9 submit to the registered voters of the county a proposition 10 to approve or disapprove the conduct of gambling games on 11 an excursion gambling boat in the county. The proposition 12 shall be submitted at an election held on a date specified in 13 section 39.2, subsection 4, paragraph “a” . To be submitted 14 at a general election, the petition must be received by the 15 board of supervisors at least five working days before the 16 last day for candidates for county offices to file nomination 17 papers for the general election pursuant to section 44.4. If a 18 majority of the county voters voting on the proposition favor 19 the conduct of gambling games, the commission may issue one or 20 more licenses as provided in this chapter. If a majority of 21 the county voters voting on the proposition do not favor the 22 conduct of gambling games, a license to conduct gambling games 23 in the county shall not be issued. 24 b. If licenses a license to conduct gambling games and 25 to operate an excursion gambling boat are is in effect 26 pursuant to a referendum as set forth in this section and 27 are is subsequently disapproved by a referendum of the county 28 electorate, the licenses license issued by the commission after 29 a referendum approving gambling games on excursion gambling 30 boats shall remain valid and are is subject to renewal for 31 a total of nine years one year from the date of original 32 issue the referendum disapproving the conduct of gambling games 33 in the county unless the commission revokes a license at an 34 earlier date as provided in this chapter. 35 -1- LSB 6105YH (3) 83 ec/sc 1/ 4

H.F. 2330 c. If a licensee of a pari-mutuel racetrack who held a 1 valid license issued under chapter 99D as of January 1, 1994, 2 requests a license to operate gambling games as provided in 3 this chapter, the board of supervisors of a county in which 4 the licensee of a pari-mutuel racetrack requests a license to 5 operate gambling games shall submit to the county electorate a 6 proposition to approve or disapprove the operation of gambling 7 games at pari-mutuel racetracks at an election held on a date 8 specified in section 39.2, subsection 4, paragraph “a” . If the 9 operation of gambling games at the pari-mutuel racetrack is not 10 approved by a majority of the county electorate voting on the 11 proposition at the election, the commission shall not issue a 12 license to operate gambling games at the racetrack. 13 d. If the proposition to operate gambling games on an 14 excursion gambling boat or at a racetrack enclosure is 15 approved by a majority of the county electorate voting on 16 the proposition, the board of supervisors shall submit the 17 same a proposition to operate gambling games to the county 18 electorate at the general election held in 2002 and, unless the 19 operation of gambling games is terminated earlier as provided 20 in this chapter or chapter 99D , at the next general election 21 held at each subsequent eight-year interval no sooner than 22 the eighth calendar year following the election approving 23 gambling games, unless the operation of gambling games is 24 terminated earlier as provided in this chapter or chapter 25 99D . However, if in two successive elections a proposition to 26 operate gambling games is approved by a majority of the county 27 electorate voting on the proposition a proposition under this 28 paragraph shall not thereafter be required to authorize the 29 conduct of gambling games pursuant to this chapter. 30 e. After a referendum has been held which approved 31 or defeated a proposal to conduct gambling games on excursion 32 gambling boats or which defeated a proposal to conduct gambling 33 games at a licensed pari-mutuel racetrack enclosure as provided 34 in this section, another referendum on a proposal to conduct 35 -2- LSB 6105YH (3) 83 ec/sc 2/ 4

H.F. 2330 gambling games on an excursion gambling boat or at a licensed 1 pari-mutuel racetrack shall not be held for at least eight 2 years until calendar year 2015 and then may only be held every 3 eighth calendar year thereafter. However, if any proposition 4 to operate gambling games is approved or defeated by a vote in 5 favor of or against such proposition equal to at least sixty 6 percent of the votes cast for and against the proposition, 7 another referendum on a proposal to conduct gambling games 8 shall not be held until calendar year 2022 and then may only be 9 held every fifteenth calendar year thereafter . 10 Sec. 2. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 11 APPLICABILITY. This Act, being deemed of immediate importance, 12 takes effect upon enactment and applies retroactively to 13 elections held on and after January 1, 1994. 14 EXPLANATION 15 This bill provides for the requirements relative to 16 conducting a referendum to approve or disapprove gambling games 17 in a county. 18 The bill provides that if a proposition to operate gambling 19 games has been approved in two successive elections in a 20 county, the proposition to authorize gambling games is not 21 thereafter required to be submitted to the county electorate. 22 Current law provides that the proposition to conduct gambling 23 games shall be resubmitted to the county electorate every eight 24 years. 25 The bill also provides that if a proposal to operate gambling 26 games has been approved, another election shall not be held 27 sooner than the eighth calendar year following the approval, 28 but in no event prior to calendar year 2015, and then, may only 29 be held each eighth year thereafter. In addition, the bill 30 provides that if any proposition to conduct gambling games in 31 a county passes with 60 percent approval or is defeated with 32 60 percent disapproval, then no referendum shall be held in 33 that county until calendar year 2022, and then may only be 34 held each fifteenth calendar year thereafter. The provision 35 -3- LSB 6105YH (3) 83 ec/sc 3/ 4

H.F. 2330 that the county may hold a referendum on the proposition to 1 conduct gambling games upon submission of a petition from the 2 county electorate is maintained but is made subject to the 3 bill’s requirements on when elections can be held. Current law 4 provides that no election shall be held for eight years after a 5 proposal has been defeated but is silent as to when an election 6 can be held if the proposal to conduct gambling games has been 7 approved. 8 The bill also provides that if gambling games are authorized 9 in a county but a subsequent proposition to conduct gambling 10 games has been defeated, any license to conduct gambling games 11 in that county shall remain valid for one year following the 12 defeat of the proposition. Current law provides that the 13 license remains valid for nine years following the date of the 14 original issue of a license to conduct gambling games in that 15 county. 16 The bill takes effect upon enactment and is retroactively 17 applicable to elections held on and after January 1, 1994. 18 -4- LSB 6105YH (3) 83 ec/sc 4/ 4