Senate
Study
Bill
3134
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
concerning
horse
and
dog
racing,
including
medication
1
requirements
and
penalties,
and
exchange
wagering.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5567XC
(4)
86
ec/nh
S.F.
_____
DIVISION
I
1
MEDICATION
REQUIREMENTS
AND
FINES
2
Section
1.
Section
99D.2,
Code
2016,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
9A.
“Racing
industry
standards”
means
the
5
racing
standards
established
by
a
standard-setting
organization
6
that
has
been
formally
recognized
by
both
the
commission
and
7
the
Iowa
horsemen’s
benevolent
and
protective
association.
8
Sec.
2.
Section
99D.7,
subsection
4,
Code
2016,
is
amended
9
to
read
as
follows:
10
4.
To
adopt
standards
under
which
all
race
meetings
shall
be
11
held
and
,
standards
for
the
facilities
within
which
the
race
12
meetings
shall
be
held
,
and
racing
industry
standards
.
13
Sec.
3.
Section
99D.7,
subsection
19,
Code
2016,
is
amended
14
to
read
as
follows:
15
19.
To
revoke
or
suspend
licenses
and
impose
fines
not
to
16
exceed
one
thousand
dollars.
in
the
following
amounts:
17
a.
For
a
violation
not
involving
medication
of
a
horse
or
18
dog,
an
amount
not
to
exceed
one
thousand
dollars.
19
b.
For
a
violation
involving
medication
of
a
horse
or
20
dog,
an
amount
not
to
exceed
the
following
for
the
following
21
designated
periods:
22
(1)
For
a
violation
occurring
during
the
period
beginning
23
July
1,
2016,
and
ending
December
31,
2016,
two
thousand
five
24
hundred
dollars.
25
(2)
For
a
violation
occurring
during
the
period
beginning
26
January
1,
2017,
and
ending
December
31,
2017,
five
thousand
27
dollars.
28
(3)
For
a
violation
occurring
during
the
period
beginning
29
January
1,
2018,
and
ending
December
31,
2018,
seven
thousand
30
five
hundred
dollars.
31
(4)
For
a
violation
occurring
during
the
period
beginning
32
January
1,
2019,
and
ending
December
31,
2019,
ten
thousand
33
dollars.
34
(5)
For
a
violation
occurring
on
or
after
January
1,
35
-1-
LSB
5567XC
(4)
86
ec/nh
1/
6
S.F.
_____
2020,
an
amount
not
to
exceed
an
amount
as
determined
by
1
the
commission
consistent
with
racing
industry
standards
for
2
medication
violations.
3
Sec.
4.
Section
99D.25,
subsection
1,
paragraph
b,
Code
4
2016,
is
amended
to
read
as
follows:
5
b.
“Numbing”
means
the
applying
of
ice
or
a
freezing
device
6
or
substance
to
the
limbs
of
a
horse
or
dog
within
two
hours
7
before
the
start
of
a
race,
or
a
surgical
or
other
procedure
8
which
was,
at
any
time,
performed
in
which
the
nerves
of
a
9
horse
or
dog
were
severed,
destroyed,
injected,
or
removed.
10
For
purposes
of
this
paragraph,
ice
is
not
a
freezing
device
or
11
substance
when
used
to
reduce
inflammation.
12
Sec.
5.
Section
99D.25A,
subsections
2
and
4,
Code
2016,
are
13
amended
to
read
as
follows:
14
2.
Phenylbutazone
shall
not
be
administered
to
a
horse
in
15
dosages
which
would
result
in
concentrations
of
more
than
five
16
micrograms
of
the
substance
or
its
metabolites
per
milliliter
17
of
blood.
In
races
recognized
as
graded
stakes
thoroughbred
18
races,
the
The
commission
may
establish
restrictions
on
19
dosage
amounts
for
phenylbutazone
which
would
result
in
20
concentrations
of
less
than
five
micrograms
of
the
substance
21
or
its
metabolites
per
milliliter
of
blood
and
its
metabolites
22
which
are
consistent
with
racing
industry
standards
.
23
4.
If
a
test
detects
concentrations
of
phenylbutazone
in
24
the
system
of
a
horse
in
excess
of
the
level
permitted
in
this
25
section
,
the
commission
shall
assess
a
civil
penalty
fine
26
against
the
trainer
of
at
least
two
hundred
dollars
for
the
27
first
offense
and
at
least
five
hundred
dollars
for
a
second
28
offense.
The
penalty
for
a
third
or
subsequent
offense
shall
29
be
in
the
discretion
of
the
commission
in
an
amount
as
provided
30
for
a
medication
violation
in
section
99D.7,
subsection
19
.
31
DIVISION
II
32
EXCHANGE
WAGERING
33
Sec.
6.
Section
99D.11,
subsection
6,
paragraph
a,
Code
34
2016,
is
amended
to
read
as
follows:
35
-2-
LSB
5567XC
(4)
86
ec/nh
2/
6
S.F.
_____
a.
All
wagering
shall
be
conducted
within
the
racetrack
1
enclosure
where
the
licensed
race
is
held,
except
as
provided
2
in
paragraphs
“b”
and
,
“c”
,
and
“d”
.
3
Sec.
7.
Section
99D.11,
subsection
6,
Code
2016,
is
amended
4
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
d.
(1)
For
purposes
of
this
paragraph
“d”
:
6
(a)
“Advance
deposit
exchange
wagering”
means
a
form
of
7
exchange
wagering
in
which
an
individual
may
establish
an
8
account,
deposit
money
into
the
account,
and
use
the
account
9
balance
to
pay
for
exchange
wagering.
10
(b)
“Exchange
wagering”
means
a
form
of
pari-mutuel
wagering
11
in
which
two
or
more
persons
place
identically
opposing
wagers
12
in
a
given
market.
The
wagers
may
be
based
upon
a
selected
13
outcome
occurring,
or
not
occurring,
in
a
given
market.
14
(2)
The
commission
shall
authorize
the
licensee
of
the
horse
15
racetrack
located
in
Polk
county
to
conduct
advance
deposit
16
exchange
wagering
through
a
licensed
advance
deposit
wagering
17
operator
subject
to
the
requirements
of
this
paragraph
“d”
.
An
18
exchange
wager
may
be
placed
in
person
at
a
licensed
racetrack
19
enclosure,
or
from
any
other
location
via
a
telephone-type
20
device
or
any
other
electronic
means.
21
(3)
Before
granting
an
advance
deposit
wagering
operator
22
licensee
the
authority
to
conduct
advance
deposit
exchange
23
wagering,
the
commission
shall
enter
into
an
agreement
with
24
the
licensee
of
the
horse
racetrack
located
in
Polk
county,
25
the
Iowa
horsemen’s
benevolent
and
protective
association,
and
26
the
advance
deposit
wagering
operator
licensee
for
the
purpose
27
of
determining
the
charges
and
fees
of
any
kind
that
may
be
28
assessed
or
collected
by
a
licensee
authorized
to
conduct
29
advance
deposit
exchange
wagering
in
connection
with
the
30
submission
of
any
exchange
wagers
to
the
licensee
by
residents
31
of
this
state.
The
commission
shall
establish
the
term
of
the
32
exchange
wagering
privilege
granted
an
advance
deposit
wagering
33
operator
licensee.
Such
an
advance
deposit
wagering
operator
34
licensee
shall
accept
exchange
wagers
on
live
races
conducted
35
-3-
LSB
5567XC
(4)
86
ec/nh
3/
6
S.F.
_____
at
the
horse
racetrack
in
Polk
county
from
all
of
its
account
1
holders
if
it
accepts
wagers
from
any
residents
of
this
state
2
for
the
purpose
of
exchange
wagering.
3
(4)
Of
the
net
revenue,
less
all
taxes
paid
and
expenses
4
directly
related
to
advance
deposit
exchange
wagering
incurred
5
by
the
licensee
of
the
horse
racetrack
located
in
Polk
county,
6
received
through
advance
deposit
exchange
wagering,
fifty
7
percent
shall
be
designated
for
the
horse
purses
created
8
pursuant
to
section
99D.7,
subsection
5,
and
fifty
percent
9
shall
be
designated
for
the
licensee
for
the
horse
racetrack
10
located
in
Polk
county.
11
(5)
An
unlicensed
advance
deposit
wagering
operator
or
an
12
individual
taking
or
receiving
exchange
wagers
from
residents
13
of
this
state
is
guilty
of
a
class
“D”
felony.
14
(6)
Subsections
4
and
5
of
this
section
shall
not
apply
to
15
advance
deposit
exchange
wagering.
16
Sec.
8.
Section
99D.15,
Code
2016,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
5.
A
tax
of
five
percent
is
imposed
on
19
exchange
wagering
revenues
at
each
horse
race
meeting.
The
tax
20
imposed
by
this
subsection
shall
be
paid
by
the
licensee
to
the
21
commission
within
ten
days
after
the
close
of
each
horse
race
22
meeting.
For
purposes
of
this
subsection,
“
exchange
wagering
23
revenues”
means
all
charges
and
fees
of
any
kind
assessed
or
24
collected
by
a
licensee
authorized
to
conduct
advance
deposit
25
exchange
wagering
pursuant
to
section
99D.11,
subsection
6,
in
26
connection
with
the
submission
of
any
exchange
wagers
to
the
27
licensee
by
residents
of
this
state.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
concerns
Code
chapter
99D
relating
to
pari-mutuel
32
wagering
on
horse
and
dog
races.
33
Division
I
concerns
medication
requirements
for
a
horse
or
34
dog
involved
in
racing.
35
-4-
LSB
5567XC
(4)
86
ec/nh
4/
6
S.F.
_____
Code
section
99D.2
is
amended
to
define
“racing
industry
1
standards”
as
the
racing
standards
established
by
a
2
standard-setting
organization
recognized
by
the
racing
and
3
gaming
commission
and
the
Iowa
horsemen’s
benevolent
and
4
protective
association.
The
bill
authorizes
the
commission
to
5
adopt
racing
industry
standards.
6
Code
section
99D.7(19),
concerning
fines
imposed
by
the
7
commission,
is
amended.
Current
law
provides
that
the
maximum
8
fine
for
all
violations
is
$1,000.
The
bill
provides
that
the
9
maximum
fine
for
a
violation
not
involving
medication
of
a
10
horse
or
dog
is
$1,000.
The
bill
provides
that
for
a
violation
11
involving
medication
of
a
horse
or
dog,
the
maximum
fine
is
12
$2,500
from
July
through
December
of
calendar
year
2016,
$5,000
13
for
calendar
year
2017,
$7,500
for
calendar
year
2018,
$10,000
14
for
calendar
year
2019,
and
the
amount
as
determined
consistent
15
with
racing
industry
standards
beginning
on
or
after
January
16
1,
2020.
17
Code
section
99D.25,
concerning
drugging
or
numbing,
is
18
amended
to
provide
that
in
defining
numbing,
ice
is
not
a
19
freezing
device
or
substance
constituting
numbing
when
used
to
20
reduce
inflammation.
21
Code
section
99D.25A,
concerning
administration
of
22
furosemide
or
phenylbutazone,
is
amended
to
provide
that
the
23
commission
may
establish
restrictions
on
dosage
amounts
for
24
phenylbutazone
consistent
with
racing
industry
standards
25
instead
of
specifying
in
the
Code
section
the
allowable
26
concentration
levels
of
the
substance.
The
Code
section
27
is
further
amended
to
provide
that
the
penalty
assessed
28
against
a
trainer
for
a
horse
with
an
excess
concentration
of
29
phenylbutazone
shall
be
a
fine
as
provided
for
a
medication
30
violation
as
established
in
the
bill.
31
Division
II
of
the
bill
permits
exchange
wagering.
The
bill
32
defines
“exchange
wagering”
as
a
form
of
pari-mutuel
wagering
33
in
which
two
or
more
persons
place
identically
opposing
wagers
34
in
a
given
market
and
defines
“advanced
deposit
exchange
35
-5-
LSB
5567XC
(4)
86
ec/nh
5/
6
S.F.
_____
wagering”
as
exchange
wagering
through
the
establishment
and
1
use
of
accounts.
The
bill
permits
advanced
deposit
exchange
2
wagering
for
the
pari-mutuel
licensee
of
the
racetrack
in
Polk
3
county
through
an
advance
deposit
wagering
licensee.
The
bill
4
requires,
before
granting
the
authority
to
conduct
advance
5
deposit
exchange
wagering,
an
agreement
between
the
licensee
of
6
the
horse
racetrack
located
in
Polk
county,
the
Iowa
horsemen’s
7
benevolent
and
protective
association,
and
the
advance
deposit
8
wagering
operator
for
the
purpose
of
determining
the
charges
9
and
fees
of
any
kind
that
may
be
assessed
in
connection
with
10
the
submission
of
any
exchange
wagers
to
the
licensee
by
11
residents
of
this
state.
The
bill
further
provides
that
of
net
12
revenues
derived
from
exchange
wagering,
50
percent
shall
be
13
designated
for
horse
purses
and
50
percent
shall
be
designated
14
for
the
horse
racetrack
licensee
in
Polk
county.
The
bill
15
provides
that
an
unlicensed
advance
deposit
wagering
operator
16
or
an
individual
taking
exchange
wagers
from
Iowa
residents
on
17
races
conducted
at
the
horse
racetrack
in
Polk
county
is
guilty
18
of
a
class
“D”
felony.
19
Code
section
99D.15
is
amended
to
provide
for
a
tax
of
5
20
percent
on
“exchange
wagering
revenues”,
which
is
defined
as
21
all
charges
and
fees
of
any
kind
assessed
or
collected
in
22
connection
with
the
submission
of
any
exchange
wagers
to
the
23
licensee
by
residents
of
this
state.
24
-6-
LSB
5567XC
(4)
86
ec/nh
6/
6