HF 2330 (LSB 6105YH (3) 83)

HOUSE FILE 2330

BY  GASKILL

A BILL FOR

An Act relating to conducting county gambling elections and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 99F.7, subsection 11, Code 2009, is amended to read as follows:
   11.  a.  A license to conduct gambling games on an excursion gambling boat in a county shall be issued only if the county electorate approves the conduct of the gambling games as provided in this subsection. The board of supervisors, upon receipt of a valid petition meeting the requirements of section 331.306, and subject to the requirements of paragraph “e”, shall direct the commissioner of elections to submit to the registered voters of the county a proposition to approve or disapprove the conduct of gambling games on an excursion gambling boat in the county. The proposition shall be submitted at an election held on a date specified in section 39.2, subsection 4, paragraph “a”. To be submitted at a general election, the petition must be received by the board of supervisors at least five working days before the last day for candidates for county offices to file nomination papers for the general election pursuant to section 44.4. If a majority of the county voters voting on the proposition favor the conduct of gambling games, the commission may issue one or more licenses as provided in this chapter. If a majority of the county voters voting on the proposition do not favor the conduct of gambling games, a license to conduct gambling games in the county shall not be issued.
   b.  If licenses a license to conduct gambling games and to operate an excursion gambling boat are is in effect pursuant to a referendum as set forth in this section and are is subsequently disapproved by a referendum of the county electorate, the licenses license issued by the commission after a referendum approving gambling games on excursion gambling boats shall remain valid and are is subject to renewal for a total of nine years one year from the date of original issue the referendum disapproving the conduct of gambling games in the county unless the commission revokes a license at an earlier date as provided in this chapter.
   c.  If a licensee of a pari-mutuel racetrack who held a valid license issued under chapter 99D as of January 1, 1994, requests a license to operate gambling games as provided in this chapter, the board of supervisors of a county in which the licensee of a pari-mutuel racetrack requests a license to operate gambling games shall submit to the county electorate a proposition to approve or disapprove the operation of gambling games at pari-mutuel racetracks at an election held on a date specified in section 39.2, subsection 4, paragraph “a”. If the operation of gambling games at the pari-mutuel racetrack is not approved by a majority of the county electorate voting on the proposition at the election, the commission shall not issue a license to operate gambling games at the racetrack.
   d.  If the proposition to operate gambling games on an excursion gambling boat or at a racetrack enclosure is approved by a majority of the county electorate voting on the proposition, the board of supervisors shall submit the same a proposition to operate gambling games to the county electorate at the general election held in 2002 and, unless the operation of gambling games is terminated earlier as provided in this chapter or chapter 99D, at the next general election held at each subsequent eight-year interval no sooner than the eighth calendar year following the election approving gambling games, unless the operation of gambling games is terminated earlier as provided in this chapter or chapter 99D.  However, if in two successive elections a proposition to operate gambling games is approved by a majority of the county electorate voting on the proposition a proposition under this paragraph shall not thereafter be required to authorize the conduct of gambling games pursuant to this chapter.
   e.  After a referendum has been held which approved or defeated a proposal to conduct gambling games on excursion gambling boats or which defeated a proposal to conduct gambling games at a licensed pari-mutuel racetrack enclosure as provided in this section, another referendum on a proposal to conduct gambling games on an excursion gambling boat or at a licensed pari-mutuel racetrack shall not be held for at least eight years until calendar year 2015 and then may only be held every eighth calendar year thereafter. However, if any proposition to operate gambling games is approved or defeated by a vote in favor of or against such proposition equal to at least sixty percent of the votes cast for and against the proposition, another referendum on a proposal to conduct gambling games shall not be held until calendar year 2022 and then may only be held every fifteenth calendar year thereafter.
    Sec. 2.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This Act, being deemed of immediate importance, takes effect upon enactment and applies retroactively to elections held on and after January 1, 1994.
EXPLANATION
   This bill provides for the requirements relative to conducting a referendum to approve or disapprove gambling games in a county.
   The bill provides that if a proposition to operate gambling games has been approved in two successive elections in a county, the proposition to authorize gambling games is not thereafter required to be submitted to the county electorate. Current law provides that the proposition to conduct gambling games shall be resubmitted to the county electorate every eight years.
   The bill also provides that if a proposal to operate gambling games has been approved, another election shall not be held sooner than the eighth calendar year following the approval, but in no event prior to calendar year 2015, and then, may only be held each eighth year thereafter. In addition, the bill provides that if any proposition to conduct gambling games in a county passes with 60 percent approval or is defeated with 60 percent disapproval, then no referendum shall be held in that county until calendar year 2022, and then may only be held each fifteenth calendar year thereafter. The provision that the county may hold a referendum on the proposition to conduct gambling games upon submission of a petition from the county electorate is maintained but is made subject to the bill’s requirements on when elections can be held. Current law provides that no election shall be held for eight years after a proposal has been defeated but is silent as to when an election can be held if the proposal to conduct gambling games has been approved.
   The bill also provides that if gambling games are authorized in a county but a subsequent proposition to conduct gambling games has been defeated, any license to conduct gambling games in that county shall remain valid for one year following the defeat of the proposition. Current law provides that the license remains valid for nine years following the date of the original issue of a license to conduct gambling games in that county.
   The bill takes effect upon enactment and is retroactively applicable to elections held on and after January 1, 1994.