Senate
Study
Bill
1221
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
pari-mutuel
wagering
on
horse
racing
and
1
providing
for
fees
and
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
99D.5,
subsection
5,
paragraph
a,
1
subparagraph
(2),
Code
2013,
is
amended
to
read
as
follows:
2
(2)
Participate
directly
or
indirectly
as
an
owner,
3
owner-trainer,
trainer
of
a
horse
or
dog,
or
jockey
of
a
horse
4
in
a
race
meeting
conducted
in
this
state.
5
Sec.
2.
Section
99D.7,
subsection
5,
paragraph
b,
Code
2013,
6
is
amended
to
read
as
follows:
7
b.
The
commission
shall,
beginning
January
1,
2012,
regulate
8
the
purse
structure
for
all
horse
racing
so
that
seventy-six
9
percent
is
designated
for
thoroughbred
racing,
fifteen
and
10
one-quarter
percent
is
designated
for
quarter
horse
racing,
and
11
eight
and
three-quarter
three-quarters
percent
is
designated
12
for
standardbred
racing.
The
purse
moneys
designated
for
13
standardbred
racing
may
only
be
used
to
support
standardbred
14
harness
racing
purses
at
the
state
fair,
county
fairs,
or
other
15
harness
racing
tracks
approved
by
the
commission,
or
for
the
16
construction,
maintenance
,
or
repair
of
harness
racing
tracks
17
at
the
fairgrounds
for
such
fairs
or
other
harness
racing
18
tracks
approved
by
the
commission.
The
horse
racetrack
in
Polk
19
county
shall
not
provide
funding
to
support
standardbred
racing
20
at
such
county
fairs
that
is
not
otherwise
provided
for
in
this
21
paragraph.
22
Sec.
3.
Section
99D.11,
subsection
6,
paragraph
c,
23
subparagraphs
(3)
and
(4),
Code
2013,
are
amended
by
striking
24
the
subparagraphs
and
inserting
in
lieu
thereof
the
following:
25
(3)
To
qualify
for
an
advance
deposit
wagering
operator
26
license,
an
entity
other
than
the
licensee
of
the
horse
27
racetrack
located
in
Polk
county
shall
agree
to
deposit
a
28
statewide
source
market
fee
of
eight
percent
of
the
total
29
pari-mutuel
handle
wagered
within
the
state
through
the
entity.
30
The
fees
shall
be
deposited
monthly
into
an
account
created
31
and
administered
jointly
by
the
Iowa
horsemen’s
benevolent
and
32
protective
association,
Iowa
quarter
horse
racing
association,
33
and
the
Iowa
harness
horsemen’s
association,
which
account
34
shall
be
subject
to
an
annual
audit
of
the
collection
and
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allocation
of
the
fees
received
to
be
submitted
to
the
1
commission
by
the
associations.
Of
the
fees
deposited,
fifty
2
percent
shall
be
designated
for
the
horse
purses
created
3
pursuant
to
section
99D.7,
subsection
5,
and
fifty
percent
4
shall
be
designated
for
the
licensee
for
the
pari-mutuel
5
horse
racetrack
located
in
Polk
county.
The
commission
6
shall
establish
such
additional
terms
and
conditions
for
the
7
issuance
of
an
advance
deposit
wagering
operator
license
as
the
8
commission
deems
appropriate.
9
(4)
The
commission
shall
take
such
action
as
it
deems
10
necessary
to
administer
the
conduct
of
advance
deposit
wagering
11
in
this
state,
including
taking
such
action
as
is
authorized
12
by
the
federal
Interstate
Horseracing
Act
of
1978,
15
U.S.C.
13
§
3001
–
3007,
and
to
ensure
that
all
pari-mutuel
wagering
on
14
horse
races
by
residents
of
the
state
occurs
at
a
pari-mutuel
15
facility
or
through
properly
licensed
advance
deposit
wagering
16
operators.
The
commission
shall
also
impose
a
civil
penalty
17
of
up
to
five
thousand
dollars
per
violation
on
any
individual
18
or
entity,
and
up
to
ten
thousand
dollars
per
violation
on
any
19
licensee,
who
violates
any
provision
of
this
chapter
governing
20
advance
deposit
wagering.
Civil
penalties
collected
pursuant
21
to
this
subparagraph
shall
be
deposited
in
the
general
fund
of
22
the
state.
23
Sec.
4.
Section
99D.11,
subsection
6,
paragraph
c,
Code
24
2013,
is
amended
by
adding
the
following
new
subparagraph:
25
NEW
SUBPARAGRAPH
.
(05)
An
advance
deposit
wagering
26
operator
located
in
this
state
shall
not
solicit,
accept,
open,
27
or
operate
advance
deposit
wagering
accounts
for
a
person
whose
28
principal
residence
is
outside
the
state,
including
a
resident
29
of
a
foreign
jurisdiction,
unless
the
operator
has
received
a
30
license
from
the
commission
and
is
in
good
standing
with
the
31
commission,
licensed
pari-mutuel
wagering
on
thoroughbred,
32
quarter
horse,
or
standardbred
horse
racing
is
lawful
in
the
33
jurisdiction
in
which
the
person
resides,
and
the
advance
34
deposit
wagering
operator
complies
with
the
federal
Interstate
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Horseracing
Act
of
1978,
15
U.S.C.
§
3001
–
3007,
and
the
laws
1
of
the
jurisdiction
which
is
the
principal
place
of
residence
2
of
the
person.
3
Sec.
5.
Section
99D.11,
subsection
6,
paragraph
c,
4
subparagraph
(5),
Code
2013,
is
amended
to
read
as
follows:
5
(5)
For
the
purposes
of
this
paragraph
“c”
,
“advance
deposit
6
wagering
operator”
means
an
advance
deposit
wagering
operator
7
licensed
by
the
commission
who
has
entered
into
an
agreement
8
with
the
licensee
of
the
horse
racetrack
in
Polk
county
and
9
the
Iowa
horsemen’s
benevolent
and
protective
association
to
10
provide
entity
or
person
licensed
to
engage
in
advance
deposit
11
wagering.
12
Sec.
6.
Section
99D.24,
subsection
3,
Code
2013,
is
amended
13
to
read
as
follows:
14
3.
A
person
wagering
or
accepting
a
wager
at
any
location
15
outside
the
wagering
area
or
engaging
in
advance
deposit
16
wagering
in
violation
of
the
requirements
of
section
99D.11
is
17
subject
to
the
penalties
in
section
725.7
.
18
Sec.
7.
Section
99D.25A,
subsection
2,
Code
2013,
is
amended
19
to
read
as
follows:
20
2.
Phenylbutazone
shall
not
be
administered
to
a
horse
in
21
dosages
which
would
result
in
concentrations
of
more
than
five
22
micrograms
of
the
substance
or
its
metabolites
per
milliliter
23
of
blood.
In
races
recognized
as
graded
stakes
races
by
the
24
Iowa
horsemen’s
benevolent
and
protective
association,
the
25
commission
may
establish
restrictions
on
dosage
amounts
for
26
phenylbutazone
which
would
result
in
concentrations
of
less
27
than
five
micrograms
of
the
substance
or
its
metabolites
per
28
milliliter
of
blood.
29
EXPLANATION
30
This
bill
concerns
pari-mutuel
wagering
and
horse
racing.
31
Code
section
99D.5(5),
relating
to
conflict
of
interest
32
provisions
concerning
the
racing
and
gaming
commission,
is
33
amended
to
provide
that
a
member
of
the
commission
or
a
holder
34
of
an
official’s
license
may
participate
indirectly
as
an
owner
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or
trainer
of
a
horse
or
dog,
or
jockey
of
a
horse
involved
1
in
pari-mutuel
wagering.
The
current
prohibition
on
having
a
2
direct
interest
in
any
of
these
activities
is
maintained.
3
Code
section
99D.7(5),
concerning
purse
moneys
for
horse
4
racing,
is
amended
to
allow
purse
moneys
designated
for
5
standardbred
racing
to
be
used
for
the
construction
of
harness
6
racing
tracks.
7
Code
section
99D.11(6)(c),
governing
advance
deposit
8
wagering,
is
amended.
The
bill
strikes
current
law
that
9
provides
that
an
advance
deposit
wagering
operator
enter
10
into
an
agreement
with
the
horse
racetrack
licensee
and
the
11
Iowa
horsemen’s
benevolent
and
protective
association
to
12
determine
the
applicable
statewide
source
market
fees
and
the
13
host
fees
to
be
paid
by
the
operator
in
conducting
advance
14
deposit
wagering.
The
bill
instead
provides
that
to
qualify
15
for
an
advance
deposit
wagering
operator
license,
an
entity
16
other
than
the
licensee
of
the
horse
racetrack
located
in
17
Polk
county
shall
agree
to
deposit
a
statewide
source
market
18
fee
of
8
percent
of
the
total
pari-mutuel
handle
wagered
in
19
the
state
through
the
state.
The
bill
provides
that
the
fees
20
be
deposited
in
an
account
with
50
percent
designated
for
21
horse
purses
and
50
percent
designated
for
the
licensee
for
22
the
pari-mutuel
horse
racetrack
located
in
Polk
county.
The
23
commission
shall
establish
such
additional
terms
and
conditions
24
for
the
issuance
of
an
advance
deposit
wagering
operator
25
license
as
the
commission
deems
appropriate.
26
Code
section
99D.11(6)(c)(4),
governing
penalties
for
27
advance
deposit
wagering
violations,
is
amended
by
striking
28
the
current
provision
providing
that
unauthorized
advance
29
deposit
wagering
is
a
class
“D”
felony
and
replacing
the
30
provision
with
civil
penalties.
The
bill
requires
the
racing
31
and
gaming
commission
to
take
such
action
as
it
deems
necessary
32
to
administer
the
conduct
of
advance
deposit
wagering
in
this
33
state.
In
addition,
the
bill
requires
the
commission
to
impose
34
a
civil
penalty
of
up
to
$5,000
per
violation
on
any
individual
35
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_____
or
entity,
and
up
to
$10,000
per
violation
on
any
licensee,
who
1
violates
any
provision
governing
advance
deposit
wagering.
2
Code
section
99D.11(6)(c),
new
subparagraph
(05),
3
establishes
when
an
advance
deposit
wagering
operator
can
4
open
accounts
for
nonresidents
to
engage
in
advance
deposit
5
wagering.
6
Code
section
99D.24,
concerning
penalties
for
violations
of
7
Code
chapter
99D,
is
amended
to
provide
that
a
person
engaging
8
in
advance
deposit
wagering
in
violation
of
the
requirements
of
9
the
Code
chapter
is
subject
to
the
penalties
in
Code
section
10
725.7.
11
Code
section
99D.25A
is
amended
to
allow
the
racing
and
12
gaming
commission
to
establish
restrictions
on
dosage
amounts
13
for
phenylbutazone
in
races
recognized
as
graded
stakes
races
14
by
the
Iowa
horsemen’s
benevolent
and
protective
association.
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