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 and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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