House Study Bill 208 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON COWNIE) A BILL FOR An Act concerning live dog racing at pari-mutuel dog racetracks 1 and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1454YC (11) 84 aw/sc
H.F. _____ Section 1. NEW SECTION . 99D.9A Dog racetrack licensure โ€”โ€” 1 simultaneous telecasts. 2 A licensee authorized to operate a pari-mutuel dog racetrack 3 and to conduct gambling games pursuant to section 99F.6 as 4 of January 1, 2011, may, upon written notification to the 5 commission, discontinue scheduling performances of live dog 6 races at the racetrack and maintain a license under this 7 chapter for purposes of permitting pari-mutuel wagering on 8 simultaneously telecast dog races. 9 Sec. 2. Section 99D.11, subsection 6, paragraph b, Code 10 2011, is amended to read as follows: 11 b. (1) The commission may authorize the licensee to 12 simultaneously telecast within the racetrack enclosure, for 13 the purpose of pari-mutuel wagering, a horse or dog race 14 licensed by the racing authority of another state. It is 15 the responsibility of each licensee to obtain the consent of 16 appropriate racing officials in other states as required by 17 the federal Interstate Horseracing Act of 1978, 15 U.S.C. 18 ยง 3001 โ€“ 3007, to televise races for the purpose of conducting 19 pari-mutuel wagering. 20 (2) A licensee may also obtain the permission of a person 21 licensed by the commission to conduct horse or dog races in 22 this state to televise races conducted by that person for the 23 purpose of conducting pari-mutuel racing wagering . However, 24 arrangements made by a licensee to televise any race for 25 the purpose of conducting pari-mutuel wagering are subject 26 to the approval of the commission, and the commission shall 27 select the races to be televised. The races selected by the 28 commission shall be the same for all licensees approved by the 29 commission to televise races for the purpose of conducting 30 pari-mutuel wagering. The commission shall not authorize the 31 simultaneous telecast or televising of and a licensee shall 32 not simultaneously telecast or televise any horse or dog race 33 for the purpose of conducting pari-mutuel wagering unless the 34 simultaneous telecast or televising is done at the racetrack of 35 -1- LSB 1454YC (11) 84 aw/sc 1/ 5
H.F. _____ a licensee that schedules no less than sixty performances of 1 nine live races each day of the season or that is not obligated 2 to schedule performances of live races pursuant to section 3 99D.9A . 4 (3) For purposes of the taxes imposed under this chapter , 5 races televised by a licensee for purposes of pari-mutuel 6 wagering shall be treated as if the races were held at the 7 racetrack of the licensee. Notwithstanding any contrary 8 provision in this chapter , the commission may allow a licensee 9 to adopt the same deductions as those of the pari-mutuel 10 racetrack from which the races are being simultaneously 11 telecast. 12 Sec. 3. Section 99F.6, subsection 4, paragraph b, Code 2011, 13 is amended to read as follows: 14 b. The commission shall authorize the licensees of 15 pari-mutuel dog racetracks located in Dubuque county and Black 16 Hawk county to conduct gambling games as provided in section 17 99F.4A if the licensees schedule at least one hundred thirty 18 performances of twelve live races each day during a season of 19 twenty-five weeks. For the pari-mutuel dog racetrack located 20 in Pottawattamie county, the commission shall authorize the 21 licensee to conduct gambling games as provided in section 22 99F.4A if the licensee schedules at least two hundred ninety 23 performances of twelve live races each day during a season of 24 fifty weeks. The commission shall approve an annual contract 25 to be negotiated between the annual recipient of the dog racing 26 promotion fund and each dog racetrack licensee to specify the 27 percentage or amount of gambling game proceeds which shall be 28 dedicated to supplement the purses of live dog races. The 29 parties shall agree to a negotiation timetable to insure no 30 interruption of business activity. If the parties fail to 31 agree, the commission shall impose a timetable. If the two 32 parties cannot reach agreement, each party shall select a 33 representative and the two representatives shall select a 34 third person to assist in negotiating an agreement. The two 35 -2- LSB 1454YC (11) 84 aw/sc 2/ 5
H.F. _____ representatives may select the commission or one of its members 1 to serve as the third party. Alternately, each party shall 2 submit the name of the proposed third person to the commission 3 who shall then select one of the two persons to serve as the 4 third party. All parties to the negotiations, including the 5 commission, shall consider that the dog racetracks were built 6 to facilitate the development and promotion of Iowa greyhound 7 racing dogs in this state and shall negotiate and decide 8 accordingly. However, the requirement to schedule performances 9 of live races for purposes of conducting gambling games under 10 this chapter shall not apply to a licensee who is not obligated 11 to schedule performances of live races pursuant to section 12 99D.9A. 13 Sec. 4. IOWA GREYHOUND RETIREMENT FUND. 14 1. A greyhound retirement fund is created in the state 15 treasury under the control of the racing and gaming commission. 16 2. The fund shall consist of all of the following: 17 a. Moneys in the dog racing promotion fund created in 18 section 99D.12 and the Iowa horse and dog breeders fund 19 created in section 99D.22, that were deposited in those funds 20 from a dog racetrack licensee that discontinues scheduling 21 performances of live dog races pursuant to section 99D.9A. 22 b. Moneys credited to the fund from a dog racetrack licensee 23 that discontinues scheduling performances of live dog races 24 pursuant to section 99D.9A representing the remaining balance 25 of all dog purse supplement payments owed by the licensee 26 pursuant to an agreement approved by the commission. 27 3. Moneys in the fund shall be disbursed by the racing 28 and gaming commission to registered Iowa greyhound owners and 29 qualified adoption agencies approved by the commission in an 30 expeditious and equitable manner as determined by the racing 31 and gaming commission. 32 4. Section 8.33 does not apply to any moneys in the fund. 33 Notwithstanding section 12C.7, subsection 2, interest or 34 earnings on moneys deposited in the fund shall be credited to 35 -3- LSB 1454YC (11) 84 aw/sc 3/ 5
H.F. _____ the fund. 1 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 immediate importance, takes effect upon enactment. 3 EXPLANATION 4 This bill concerns the conduct of live dog racing at 5 pari-mutuel dog racetracks authorized to conduct gambling 6 games. 7 New Code section 99D.9A allows a licensee authorized to 8 operate a pari-mutuel dog racetrack and to conduct gambling 9 games as of January 1, 2011, to discontinue scheduling 10 performances of live dog races upon written notice to the 11 Iowa racing and gaming commission, and to maintain a license 12 under Code chapter 99D for purposes of permitting pari-mutuel 13 wagering on simultaneously telecast dog races. 14 Code section 99D.11(6)(b), concerning pari-mutuel wagering 15 on simultaneous telecasts of horse or dog races, is amended 16 to allow a simultaneous telecast of dog races at a licensee 17 in this state that is not obligated to schedule live dog 18 races pursuant to new Code section 99D.9A. Under current 19 law, simulcast telecasting of races can only be allowed at 20 a racetrack of a licensee that schedules no less than 60 21 performances of nine live races each day of the season. 22 Code section 99F.6(4)(b) is amended to allow the conduct 23 of gambling games at a pari-mutuel dog racetrack that is not 24 obligated to schedule performances of live races pursuant to 25 new Code section 99D.9A. 26 The bill also establishes a greyhound retirement fund 27 under the control of the racing and gaming commission. The 28 fund shall consist of moneys in the dog racing promotion fund 29 created in Code section 99D.12 and the Iowa horse and dog 30 breeders fund created in Code section 99D.22 that are deposited 31 in those funds from a dog racetrack licensee that discontinues 32 live dog racing as provided by this bill. In addition, the 33 fund shall also consist of moneys credited to the fund from 34 a dog racetrack licensee that discontinues live dog racing 35 -4- LSB 1454YC (11) 84 aw/sc 4/ 5
H.F. _____ in an amount representing the remaining balance of all dog 1 purse supplement payments owed by the licensee pursuant to 2 an agreement approved by the commission. The bill provides 3 that moneys in the fund shall be disbursed by the commission 4 to registered Iowa greyhound owners and qualified adoption 5 agencies approved by the commission in an expeditious and 6 equitable manner as determined by the commission. 7 The bill takes effect upon enactment. 8 -5- LSB 1454YC (11) 84 aw/sc 5/ 5