Senate
File
2289
-
Introduced
SENATE
FILE
2289
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3040)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
inspections,
appeals,
and
licensing,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2289
DIVISION
I
1
GAMBLING
2
Section
1.
Section
99D.5,
subsection
4,
Code
2026,
is
3
amended
to
read
as
follows:
4
4.
Commission
members
are
each
entitled
to
receive
an
5
annual
salary
of
ten
thousand
dollars.
Members
shall
also
be
6
reimbursed
for
actual
expenses
incurred
in
the
performance
of
7
their
duties
to
a
maximum
of
thirty
seventy
thousand
dollars
8
per
year
for
the
commission.
Each
member
shall
be
covered
by
9
the
blanket
surety
bond
of
the
state
purchased
pursuant
to
10
section
8A.321,
subsection
12
.
11
Sec.
2.
Section
99D.7,
subsection
25,
Code
2026,
is
amended
12
to
read
as
follows:
13
25.
To
take
any
other
action
as
may
be
reasonable
or
14
appropriate
to
enforce
this
chapter
and
the
commission
rules
,
15
including
but
not
limited
to
issuing
cease
and
desist
orders
16
and
obtaining
injunctive
relief
against
a
person
offering
17
pari-mutuel
wagering
or
advance
deposit
wagering,
as
defined
in
18
section
99D.11,
in
this
state
without
holding
an
appropriate
19
license
issued
by
the
commission
.
20
Sec.
3.
Section
99E.3,
subsection
2,
paragraph
f,
Code
2026,
21
is
amended
to
read
as
follows:
22
f.
To
take
any
other
action
as
may
be
reasonable
or
23
appropriate
to
enforce
this
chapter
and
the
commission
rules
,
24
including
but
not
limited
to
issuing
cease
and
desist
orders
25
and
obtaining
injunctive
relief
against
a
person
offering
26
internet
fantasy
sports
contests
in
this
state
without
holding
27
an
appropriate
license
issued
by
the
commission
.
28
Sec.
4.
Section
99F.4,
subsection
13,
Code
2026,
is
amended
29
to
read
as
follows:
30
13.
To
take
any
other
action
as
may
be
reasonable
or
31
appropriate
to
enforce
this
chapter
and
the
commission
rules
,
32
including
but
not
limited
to
issuing
cease
and
desist
orders
33
and
obtaining
injunctive
relief
against
a
person
offering
games
34
of
chance,
gambling,
sports
wagering,
or
illegal
sweepstakes
in
35
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this
state
without
holding
an
appropriate
license
issued
by
the
1
commission
or
otherwise
being
specifically
authorized
by
law
.
2
Sec.
5.
Section
99F.15,
subsection
4,
unnumbered
paragraph
3
1,
Code
2026,
is
amended
to
read
as
follows:
4
A
person
commits
a
class
“D”
felony
and,
in
addition,
shall
5
be
barred
for
life
from
sports
wagering,
advance
deposit
sports
6
wagering,
as
defined
in
section
99F.9,
excursion
gambling
7
boats
,
and
gambling
structures
under
the
jurisdiction
of
the
8
commission,
if
the
person
does
any
of
the
following:
9
Sec.
6.
Section
99F.15,
subsection
6,
paragraph
c,
Code
10
2026,
is
amended
to
read
as
follows:
11
c.
Two
convictions
of
the
offense
of
unlawful
betting
as
12
provided
in
this
subsection
shall
result
in
the
person
being
13
barred
for
life
from
sports
wagering,
advance
deposit
sports
14
wagering,
as
defined
in
section
99F.9,
excursion
gambling
15
boats
,
and
gambling
structures
under
the
jurisdiction
of
the
16
commission.
17
Sec.
7.
Section
422.16,
subsection
2,
paragraph
d,
Code
18
2026,
is
amended
to
read
as
follows:
19
d.
For
the
purposes
of
this
subsection
,
state
income
tax
20
shall
be
withheld
on
winnings
in
excess
of
six
hundred
dollars
21
derived
from
gambling
activities
authorized
under
chapter
22
99B
or
99G
.
State
income
tax
shall
be
withheld
on
winnings
23
in
excess
of
one
thousand
dollars
from
gambling
activities
24
authorized
under
chapter
99D
if
the
winnings
are
in
an
amount
25
sufficient
to
require
that
an
information
return
be
filed
26
under
the
Internal
Revenue
Code
.
State
income
tax
shall
be
27
withheld
on
winnings
in
excess
of
one
thousand
two
hundred
28
dollars
derived
from
slot
machines
authorized
under
chapter
29
99F
if
the
winnings
are
in
an
amount
sufficient
to
require
30
that
an
information
return
be
filed
under
the
Internal
Revenue
31
Code
.
State
income
tax
shall
be
withheld
on
winnings
from
32
sports
wagering
authorized
under
chapter
99F
whenever
federal
33
income
tax
is
required
to
be
withheld
from
the
same
winnings
in
34
accordance
with
the
Internal
Revenue
Code.
35
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Sec.
8.
EFFECTIVE
DATE.
The
following,
being
deemed
of
1
immediate
importance,
takes
effect
upon
enactment:
2
The
section
of
this
division
of
this
Act
amending
section
3
422.16,
subsection
2,
paragraph
“d”.
4
DIVISION
II
5
STATE
BUILDING
CODE
6
Sec.
9.
Section
103A.8C,
subsection
1,
Code
2026,
is
amended
7
to
read
as
follows:
8
1.
The
commissioner,
after
consulting
with
and
receiving
9
recommendations
from
the
department
of
public
defense
homeland
10
security
and
emergency
management
and
the
department
of
natural
11
resources,
shall
adopt
rules
pursuant
to
chapter
17A
specifying
12
standards
and
requirements
for
design
and
construction
of
safe
13
rooms
and
storm
shelters.
In
developing
these
standards,
the
14
commissioner
shall
consider
nationally
recognized
standards.
15
The
standards
and
requirements
shall
be
incorporated
into
the
16
state
building
code
established
in
section
103A.7
,
but
shall
17
not
be
interpreted
to
require
the
inclusion
of
a
safe
room
or
18
storm
shelter
in
a
building
construction
project
unless
such
19
inclusion
is
expressly
required
by
another
statute
or
by
a
20
federal
statute
or
regulation.
However,
if
a
safe
room
or
21
storm
shelter
is
included
in
any
building
construction
project
22
which
reaches
the
design
development
phase
on
or
after
January
23
1,
2011,
compliance
with
the
standards
developed
pursuant
to
24
this
section
shall
be
required.
25
Sec.
10.
Section
103A.23,
subsection
2,
Code
2026,
is
26
amended
to
read
as
follows:
27
2.
All
fees
collected
by
the
commissioner
shall
be
deposited
28
in
the
state
treasury
to
the
credit
of
the
general
fund
of
the
29
state
licensing
and
regulation
fund
created
in
section
10A.507
.
30
DIVISION
III
31
RESIDENTIAL
CARE
FACILITIES
32
Sec.
11.
Section
135C.2,
subsection
6,
unnumbered
paragraph
33
1,
Code
2026,
is
amended
to
read
as
follows:
34
The
department
shall
establish
a
special
classification
35
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within
the
residential
care
facility
category
for
residential
1
care
facilities
which
have
the
primary
purpose
of
serving
2
pediatric
palliative
care
patients
and
that
only
provides
3
respite
care
services
and
the
services
of
a
hospice
program
4
as
defined
in
section
135J.1
.
A
facility
within
the
special
5
classification
established
pursuant
to
this
subsection
shall
6
be
exempt
from
section
135.62
and
may
serve
any
number
of
7
individuals,
including
zero
.
The
department
shall
adopt
rules
8
pursuant
to
chapter
17A
which
shall
include
but
not
be
limited
9
to
all
of
the
following:
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
matters
under
the
purview
of
the
14
department
of
inspections,
appeals,
and
licensing.
The
bill
is
15
organized
in
divisions.
16
DIVISION
I
——
GAMBLING.
The
bill
raises
the
17
$30,000-per-year
total
cap
on
reimbursements
that
the
18
state
racing
and
gaming
commission
(commission)
may
pay
to
all
19
commissioners
for
expenses
incurred
in
the
performance
of
the
20
commissioners’
duties
to
$70,000
per
year.
The
bill
grants
21
the
commission
explicit
authority
to
issue
cease
and
desist
22
orders
and
seek
injunctive
relief
against
persons
who
offer
23
gambling
services
in
the
state
without
an
appropriate
license
24
or
authorization.
25
Under
current
law,
a
person
commits
a
class
“D”
felony
26
and
is
barred
for
life
from
excursion
gambling
boats
and
27
gambling
structures
under
the
jurisdiction
of
the
commission
28
for
committing
certain
acts
listed
in
Code
section
99F.15(4).
29
The
bill
expands
the
lifetime
ban
to
include
sports
wagering
30
and
advance
deposit
sports
wagering.
The
bill
also
imposes
a
31
lifetime
ban
from
sports
wagering
and
advance
deposit
sports
32
wagering
on
a
person
who
is
convicted
twice
of
unlawful
33
betting.
34
The
bill
requires
state
income
tax
to
be
withheld
on
winnings
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2289
from
gambling
activities
authorized
under
Code
chapter
99D
1
(pari-mutuel
wagering)
and
from
slot
machines
authorized
2
under
Code
chapter
99F
(gambling
games
and
sports
wagering
3
regulation)
if
the
winnings
are
in
an
amount
sufficient
to
4
require
that
an
information
return
be
filed
under
the
federal
5
Internal
Revenue
Code,
rather
than
if
the
winnings
exceed
6
certain
amounts.
This
provision
of
the
bill
takes
effect
upon
7
enactment.
8
DIVISION
II
——
STATE
BUILDING
CODE.
The
bill
requires
the
9
state
building
code
commissioner
to
consult
with
the
department
10
of
homeland
security
and
emergency
management,
instead
of
11
the
department
of
public
defense,
in
adopting
rules
relating
12
to
safe
rooms
and
storm
shelters.
The
bill
also
requires
13
fees
collected
by
the
state
building
code
commissioner
to
be
14
deposited
in
the
licensing
and
regulation
fund
instead
of
the
15
general
fund
of
the
state.
16
DIVISION
III
——
RESIDENTIAL
CARE
FACILITIES.
The
bill
17
allows
a
residential
care
facility
that
is
a
pediatric
18
palliative
care
center
to
serve
as
few
as
zero
individuals.
19
Under
current
law,
an
entity
must
serve
at
least
three
20
individuals
to
be
defined
as
a
residential
care
facility.
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