Senate
File
24
-
Introduced
SENATE
FILE
24
BY
HORN
and
ZUMBACH
A
BILL
FOR
An
Act
relating
to
gambling
games
licensure
and
the
wagering
1
tax
on
gambling
games.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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24
Section
1.
Section
99F.1,
Code
2015,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
19A.
“Promotional
play”
means
wagers
3
conducted
with
tokens,
chips,
electronic
credits,
or
other
4
forms
of
cashless
wagering
provided
by
the
licensee
without
an
5
exchange
of
money
as
described
in
section
99F.9,
subsection
3.
6
NEW
SUBSECTION
.
22.
“Taxable
gross
receipts”
means
the
7
adjusted
gross
receipts
less
the
total
sums
wagered
through
8
promotional
play.
9
Sec.
2.
Section
99F.4A,
subsection
6,
Code
2015,
is
amended
10
to
read
as
follows:
11
6.
The
adjusted
taxable
gross
receipts
received
from
12
gambling
games
shall
be
taxed
at
the
same
rates
and
the
13
proceeds
distributed
in
the
same
manner
as
provided
in
section
14
99F.11
.
15
Sec.
3.
NEW
SECTION
.
99F.4E
Moratorium
for
issuance
of
16
licenses
for
gambling
games.
17
1.
For
the
period
beginning
January
1,
2016,
and
ending
18
December
31,
2025,
the
commission
shall
not
issue
a
license
to
19
conduct
gambling
games
on
an
excursion
gambling
boat
or
at
a
20
gambling
structure
or
a
pari-mutuel
racetrack
pursuant
to
this
21
chapter.
22
2.
This
section
does
not
affect
the
validity
of
a
license
23
issued
by
the
commission
pursuant
to
this
chapter
or
this
Act
24
before
January
1,
2016,
or
the
authority
of
the
commission
to
25
suspend,
revoke,
transfer,
or
renew
a
license
issued
before
26
January
1,
2016,
pursuant
to
chapter
99D
or
this
chapter.
27
Sec.
4.
NEW
SECTION
.
99F.5A
Supplemental
distribution
to
28
qualified
sponsoring
organizations.
29
For
each
license
year,
a
qualified
sponsoring
organization
30
licensed
to
operate
gambling
games
under
this
chapter
shall
31
retain,
as
a
supplemental
distribution
from
the
adjusted
gross
32
receipts
of
the
licensee,
an
amount
representing
fifty
percent
33
of
the
difference
between
the
wagering
tax
calculated
for
the
34
licensee
under
section
99F.11
using
the
definition
of
adjusted
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24
gross
receipts
as
provided
in
section
99F.1
and
the
wagering
1
tax
for
the
licensee
calculated
on
taxable
gross
receipts
as
2
provided
in
section
99F.11
for
each
license
year.
3
Sec.
5.
Section
99F.11,
subsection
1,
Code
2015,
is
amended
4
to
read
as
follows:
5
1.
A
tax
is
imposed
on
the
adjusted
taxable
gross
receipts
6
received
each
fiscal
year
from
gambling
games
authorized
under
7
this
chapter
at
the
rate
of
five
percent
on
the
first
one
8
million
dollars
of
adjusted
taxable
gross
receipts
and
at
the
9
rate
of
ten
percent
on
the
next
two
million
dollars
of
adjusted
10
taxable
gross
receipts.
11
Sec.
6.
Section
99F.11,
subsection
2,
unnumbered
paragraph
12
1,
Code
2015,
is
amended
to
read
as
follows:
13
The
tax
rate
imposed
each
fiscal
year
on
any
amount
of
14
adjusted
taxable
gross
receipts
over
three
million
dollars
15
shall
be
as
follows:
16
Sec.
7.
Section
99F.11,
subsection
2,
paragraph
b,
17
subparagraph
(2),
Code
2015,
is
amended
to
read
as
follows:
18
(2)
If
the
licensee
of
the
racetrack
enclosure
has
been
19
issued
a
table
games
license
during
the
fiscal
year
or
prior
20
fiscal
year
and
the
adjusted
gross
receipts
from
gambling
games
21
of
the
licensee
in
the
prior
fiscal
year
were
one
hundred
22
million
dollars
or
more,
twenty-two
percent
on
adjusted
taxable
23
gross
receipts
received
prior
to
the
operational
date
and
24
twenty-four
percent
on
adjusted
taxable
gross
receipts
received
25
on
or
after
the
operational
date.
For
purposes
of
this
26
subparagraph,
the
operational
date
is
the
date
the
commission
27
determines
table
games
became
operational
at
the
racetrack
28
enclosure.
29
Sec.
8.
Section
99F.11,
subsection
3,
paragraphs
a,
b,
and
30
c,
Code
2015,
are
amended
to
read
as
follows:
31
a.
If
the
gambling
excursion
originated
at
a
dock
located
32
in
a
city,
one-half
of
one
percent
of
the
adjusted
taxable
33
gross
receipts
shall
be
remitted
to
the
treasurer
of
the
city
34
in
which
the
dock
is
located
and
shall
be
deposited
in
the
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general
fund
of
the
city.
Another
one-half
of
one
percent
of
1
the
adjusted
taxable
gross
receipts
shall
be
remitted
to
the
2
treasurer
of
the
county
in
which
the
dock
is
located
and
shall
3
be
deposited
in
the
general
fund
of
the
county.
4
b.
If
the
gambling
excursion
originated
at
a
dock
located
5
in
a
part
of
the
county
outside
a
city,
one-half
of
one
percent
6
of
the
adjusted
taxable
gross
receipts
shall
be
remitted
to
7
the
treasurer
of
the
county
in
which
the
dock
is
located
and
8
shall
be
deposited
in
the
general
fund
of
the
county.
Another
9
one-half
of
one
percent
of
the
adjusted
taxable
gross
receipts
10
shall
be
remitted
to
the
treasurer
of
the
Iowa
city
nearest
to
11
where
the
dock
is
located
and
shall
be
deposited
in
the
general
12
fund
of
the
city.
13
c.
Eight-tenths
of
one
One
and
six-tenths
percent
of
the
14
adjusted
taxable
gross
receipts
tax
shall
be
deposited
in
the
15
county
endowment
fund
created
in
section
15E.311
.
16
Sec.
9.
Section
99F.11,
subsection
3,
paragraph
d,
17
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
18
follows:
19
Two-tenths
of
one
percent
of
the
adjusted
taxable
gross
20
receipts
tax
shall
be
allocated
each
fiscal
year
as
follows:
21
Sec.
10.
Section
99F.11,
subsection
3,
paragraph
e,
Code
22
2015,
is
amended
to
read
as
follows:
23
e.
The
remaining
amount
of
the
adjusted
taxable
gross
24
receipts
tax
shall
be
credited
as
provided
in
section
8.57,
25
subsection
5
.
26
Sec.
11.
GAMBLING
GAMES
LICENSE
ISSUANCE
——
TERMS
AND
27
CONDITIONS.
28
1.
The
racing
and
gaming
commission
shall
grant
a
license
29
to
conduct
gambling
games
on
a
gambling
structure
pursuant
to
30
the
requirements
of
this
section
and
chapter
99F
by
December
31
1,
2015.
An
application
for
a
license
to
be
granted
under
32
this
section
shall
be
submitted
by
August
1,
2015,
and
shall
33
be
limited
to
an
application
from
a
proposed
licensee
for
34
which
the
gambling
structure
at
which
gambling
games
are
to
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be
conducted
is
to
be
located
in
a
city
with
a
population
of
1
more
than
one
hundred
thousand
and
less
than
one
hundred
fifty
2
thousand
in
the
latest
preceding
certified
federal
decennial
3
census
and
for
which
the
governing
body
of
the
city
has
adopted
4
a
resolution
approving
the
submission
of
the
application.
5
Notwithstanding
any
provision
of
chapter
99F
to
the
contrary,
6
the
initial
license
fee
shall
be
waived
for
an
applicant
7
submitting
an
application
pursuant
to
the
requirements
of
this
8
section.
9
2.
A
license
to
conduct
gambling
games
issued
pursuant
to
10
this
section
shall
provide
that
the
premises
of
the
licensee,
11
including
the
gaming
floor,
shall,
notwithstanding
any
12
provision
of
law
to
the
contrary,
be
subject
to
the
smoking
13
prohibition
requirements
of
section
142D.3.
14
Sec.
12.
COUNTY
ENDOWMENT
FUND
ALLOCATION
——
LEGISLATIVE
15
STUDY.
It
is
the
intent
of
the
general
assembly
that
the
16
legislative
council
establish
an
interim
study
committee
during
17
the
2020
legislative
interim
to
review
and
make
recommendations
18
concerning
the
appropriate
percentage
of
the
wagering
tax
to
be
19
distributed
for
deposit
in
the
county
endowment
fund
created
20
in
section
15E.311.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
concerns
gambling
games
licensure
under
Code
25
chapter
99F
and
the
wagering
tax
applied
to
gambling
game
26
licensees
under
that
Code
chapter.
27
Code
section
99F.1
is
amended
by
adding
two
new
definitions.
28
“Promotional
play”
is
defined
as
wagers
conducted
with
29
tokens,
chips,
electronic
credits,
or
other
forms
of
cashless
30
wagering
provided
by
the
licensee
without
an
exchange
of
money.
31
“Taxable
gross
receipts”
is
defined
as
adjusted
gross
receipts
32
less
the
total
sums
wagered
through
promotional
play.
33
New
Code
section
99F.4E
establishes
a
moratorium
preventing
34
the
racing
and
gaming
commission
from
issuing
a
new
license
to
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24
conduct
gambling
games
on
an
excursion
gambling
boat,
gambling
1
structure,
or
at
a
pari-mutuel
racetrack
for
the
period
2
beginning
January
1,
2016,
and
ending
December
31,
2025.
3
New
Code
section
99F.5A
provides
for
a
supplemental
4
distribution
to
a
qualified
sponsoring
organization
licensed
5
to
operate
gambling
games
equal
to
an
amount
representing
50
6
percent
of
the
difference
in
the
wagering
tax
paid
by
the
7
licensee
based
on
calculating
the
tax
on
the
taxable
gross
8
receipts
of
the
gambling
game
licensee
instead
of
the
adjusted
9
gross
receipts
as
provided
in
the
bill.
10
Code
section
99F.11,
providing
for
the
wagering
tax,
is
11
amended
to
provide
that
the
wagering
tax
is
calculated
on
the
12
taxable
gross
receipts
of
a
gambling
game
licensee
instead
of
13
the
adjusted
gross
receipts.
14
Code
section
99F.11
is
further
amended
to
increase,
from
15
eight-tenths
of
a
percent
to
one
and
six-tenths
percent,
the
16
amount
of
the
adjusted
gross
receipts
tax
to
be
deposited
in
17
the
county
endowment
fund
created
in
Code
section
15E.311.
The
18
bill
further
directs
the
legislative
council
to
establish
a
19
legislative
study
committee
during
the
2020
legislative
interim
20
to
examine
the
percentage
of
the
adjusted
gross
receipts
tax
to
21
be
deposited
in
the
county
endowment
fund.
22
The
bill
requires
the
racing
and
gaming
commission
to
grant
23
a
license
to
conduct
gambling
games
at
a
gambling
structure
24
that
is
subject
to
the
smoking
prohibition
requirements
of
25
Code
section
142D.3,
by
December
1,
2015.
An
application
for
26
a
license
subject
to
the
requirements
of
the
bill
shall
be
27
submitted
by
August
1,
2015,
and
shall
be
limited
to
a
proposed
28
licensee
that
will
locate
the
gambling
structure
in
a
city
29
with
a
population
of
more
than
100,000
and
less
than
150,000
30
and
for
which
the
governing
body
of
the
city
has
adopted
a
31
resolution
approving
the
submission
of
the
application.
The
32
bill
also
provides
that
the
initial
license
fee
shall
be
waived
33
for
an
applicant
submitting
an
application
for
a
gambling
games
34
license
pursuant
to
the
requirements
of
the
bill.
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