House File 696

                                       HOUSE FILE       
                                       BY  GIPP and MYERS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the payment of taxes and payment of financial
  2    consideration on a contractual basis to the state from
  3    adjusted gross receipts from gambling games at racetrack
  4    enclosures and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 3537HH 80
  7 ec/cf/24

PAG LIN

  1  1    Section 1.  NEW SECTION.  99F.4C  GAMBLING GAMES AT PARI=
  1  2 MUTUEL RACETRACKS == OPERATING AGREEMENT.
  1  3    1.  The commission shall offer each licensee authorized to
  1  4 conduct, and conducting, gambling games at a pari=mutuel
  1  5 racetrack enclosure the opportunity to enter into an operating
  1  6 agreement pursuant to the requirements of this section which
  1  7 offer shall be extended to each licensee for a period of time
  1  8 no longer than ten days from the effective date of this Act.
  1  9    2.  The operating agreement offered to each licensee shall
  1 10 provide for all of the following:
  1 11    a.  The agreement shall be binding on any successors and
  1 12 assigns of a licensee entering into an agreement pursuant to
  1 13 this section.
  1 14    b.  The agreement shall provide that the licensee shall
  1 15 comply with all statutory and administrative requirements
  1 16 otherwise applicable to licensees who are authorized to
  1 17 conduct gambling games at a pari=mutuel racetrack enclosure.
  1 18    c.  The term of the agreement shall be for a period of five
  1 19 years with an option, at the discretion of the licensee, to
  1 20 renew the agreement for an additional five years, subject to
  1 21 earlier termination of the agreement if a referendum required
  1 22 pursuant to section 99F.7, subsection 10, does not approve
  1 23 continued operation of gambling games.
  1 24    d.  The agreement shall provide for payment by the licensee
  1 25 of operating agreement consideration to the commission on a
  1 26 weekly basis based upon the adjusted gross receipts from
  1 27 gambling games at the licensee's racetrack enclosure to be
  1 28 calculated as provided in section 99F.4D.  In addition, the
  1 29 agreement shall provide for the payment, by June 30, 2003, of
  1 30 an initial operating agreement consideration to the commission
  1 31 by a licensee of an amount equal to ten percent on any amount
  1 32 of adjusted gross receipts received by the licensee for the
  1 33 fiscal year beginning July 1, 2002, over three million
  1 34 dollars.
  1 35    e.  If the licensee breaches the agreement, the agreement
  2  1 shall be terminated following written notice mailed to the
  2  2 licensee by the commission and opportunity to cure the breach
  2  3 within a reasonable period of time.
  2  4    f.  (1)  The licensee shall agree to waive any right to a
  2  5 refund of any taxes collected pursuant to section 99F.11 if
  2  6 such refund is ultimately deemed owing pursuant to the final
  2  7 decision in the litigation entitled Racing Association of
  2  8 Central Iowa v. Fitzgerald, and which is cited at 648 N.W.2d
  2  9 555 (Iowa 2002).
  2 10    (2)  The payment of an initial operating agreement
  2 11 consideration by June 30, 2003, by a licensee shall be deemed
  2 12 in full satisfaction of any additional tax owed by such
  2 13 licensee pursuant to section 99F.11 if such additional tax is
  2 14 ultimately deemed owing pursuant to the final decision in the
  2 15 litigation entitled Racing Association of Central Iowa v.
  2 16 Fitzgerald, and which is cited at 648 N.W.2d 555 (Iowa 2002).
  2 17    g.  The consideration received by the commission pursuant
  2 18 to the agreement shall be in lieu of all taxes imposed on the
  2 19 licensee under section 99F.11 on account of adjusted gross
  2 20 receipts from gambling games at the licensee's racetrack
  2 21 enclosure and the provisions of section 99F.4A, subsection 6,
  2 22 and section 99F.11 are not applicable to the licensee.
  2 23 Consideration received by the commission shall be immediately
  2 24 paid by the commission to the treasurer of state and
  2 25 distributed in the same manner as taxes collected pursuant to
  2 26 section 99F.11, including the applicable provisions of section
  2 27 8.57 and section 99E.10, subsection 3.
  2 28    h.  The operating agreement as to a licensee shall not
  2 29 become effective until each licensee receiving an offer to
  2 30 enter into an agreement pursuant to this section has entered
  2 31 into such an agreement.
  2 32    3.  Except as specifically provided by this section, an
  2 33 operating agreement entered into with a licensee pursuant to
  2 34 the requirements of this section shall not supersede or modify
  2 35 any other provision of law governing licensees of gambling
  3  1 games at a pari=mutuel racetrack enclosure, including, but not
  3  2 limited to, any provision of law restricting the types of
  3  3 gambling games that can be conducted by licensees.
  3  4    Sec. 2.  NEW SECTION.  99F.4D  GAMBLING GAMES AT PARI=
  3  5 MUTUEL RACETRACKS == OPERATING AGREEMENT CONSIDERATION.
  3  6    1.  For purposes of this section:
  3  7    a.  "Adjusted receipts amount" means the total amount of
  3  8 the adjusted gross receipts tax collected by the treasurer of
  3  9 state pursuant to section 99F.11 and operating agreement
  3 10 consideration that would be collected by the commission on
  3 11 adjusted gross receipts over three million dollars from
  3 12 gambling games without consideration of any racetrack
  3 13 enclosure credit that is credited during that fiscal year.
  3 14    b.  "Base receipts amount" means the total amount of the
  3 15 adjusted gross receipts tax collected by the treasurer of
  3 16 state pursuant to section 99F.11 and operating agreement
  3 17 consideration collected by the commission for the fiscal year
  3 18 beginning July 1, 2002, from taxes imposed and operating
  3 19 agreement consideration collected on adjusted gross receipts
  3 20 over three million dollars from gambling games.
  3 21    c.  "Operating agreement consideration" means the
  3 22 consideration required to be paid pursuant to an operating
  3 23 agreement entered into pursuant to section 99F.4C and
  3 24 calculated as provided by this section on adjusted gross
  3 25 receipts from gambling games by a licensee authorized to
  3 26 conduct gambling games at a racetrack enclosure.
  3 27    d.  "Racetrack percentage" means, for a racetrack
  3 28 enclosure, the percentage calculated by dividing the operating
  3 29 agreement consideration amount of the racetrack enclosure by
  3 30 the total operating agreement consideration amount for all
  3 31 racetrack enclosures.
  3 32    2.  a.  Operating agreement consideration shall be
  3 33 calculated based upon adjusted gross receipts received each
  3 34 fiscal year from gambling games at racetrack enclosures to
  3 35 include an amount equal to five percent on the first one
  4  1 million dollars of adjusted gross receipts, an amount equal to
  4  2 ten percent on the next two million dollars of adjusted gross
  4  3 receipts, and an amount, based on the following percentages
  4  4 and credits, on any amount of adjusted gross receipts over
  4  5 three million dollars calculated as provided in paragraph "b".
  4  6    b.  For the fiscal year beginning July 1, 2003, and each
  4  7 succeeding fiscal year, thirty percent, subject to a racetrack
  4  8 enclosure credit on operating agreement consideration imposed
  4  9 in the subsequent fiscal year as calculated pursuant to this
  4 10 paragraph.  For purposes of this paragraph, the racetrack
  4 11 enclosure credit for each racetrack enclosure shall be
  4 12 calculated by multiplying the racetrack percentage for that
  4 13 racetrack enclosure by the all=racetracks credit amount.  The
  4 14 all=racetracks credit amount is the lesser of the following:
  4 15    (1)  One=half of the difference, if positive, between the
  4 16 adjusted receipts amount for a fiscal year and the base
  4 17 receipts amount.
  4 18    (2)  The maximum credit amount.  The maximum credit amount
  4 19 is an amount, for the applicable fiscal year, equal to the
  4 20 total, for all racetrack enclosures, of ten percent of
  4 21 adjusted gross receipts over three million dollars from
  4 22 gambling games from each racetrack enclosure.
  4 23    Sec. 3.  Section 99F.11, Code 2003, is amended to read as
  4 24 follows:
  4 25    99F.11  WAGERING TAX == RATE == ALLOCATIONS.
  4 26    1.  For purposes of this section:
  4 27    a.  "Adjusted receipts amount" means the total amount of
  4 28 the adjusted gross receipts tax collected by the treasurer of
  4 29 state and operating agreement consideration that would be
  4 30 collected by the commission on adjusted gross receipts over
  4 31 three million dollars from gambling games without
  4 32 consideration of any racetrack enclosure tax credit that is
  4 33 credited during that fiscal year.
  4 34    b.  "Base receipts amount" means the total amount of the
  4 35 adjusted gross receipts tax collected by the treasurer of
  5  1 state and operating agreement consideration collected by the
  5  2 commission for the fiscal year beginning July 1, 2002, from
  5  3 taxes imposed and operating agreement consideration collected
  5  4 on adjusted gross receipts over three million dollars from
  5  5 gambling games.
  5  6    c.  "Operating agreement consideration" means the
  5  7 consideration required to be paid pursuant to an operating
  5  8 agreement entered into pursuant to section 99F.4C and
  5  9 calculated as provided by section 99F.4D on adjusted gross
  5 10 receipts from gambling games by a licensee authorized to
  5 11 conduct gambling games at a racetrack enclosure.
  5 12    d.  "Racetrack percentage" means, for a racetrack
  5 13 enclosure, the percentage calculated by dividing the adjusted
  5 14 receipts amount of the racetrack enclosure by the total
  5 15 adjusted receipts amount for all racetrack enclosures.
  5 16    2.  A tax is imposed on the adjusted gross receipts
  5 17 received annually each fiscal year from gambling games
  5 18 authorized under this chapter at the rate of five percent on
  5 19 the first one million dollars of adjusted gross receipts, at
  5 20 the rate of ten percent on the next two million dollars of
  5 21 adjusted gross receipts, and at the rate of twenty percent on
  5 22 any amount of adjusted gross receipts over three million
  5 23 dollars.
  5 24    3.  a.  However, beginning January 1, 1997 Notwithstanding
  5 25 any provision of subsection 2 to the contrary, the tax rate on
  5 26 any amount of adjusted gross receipts over three million
  5 27 dollars from gambling games at racetrack enclosures is twenty=
  5 28 two percent and shall increase by two percent each succeeding
  5 29 calendar year until the rate is thirty=six percent shall be as
  5 30 follows:
  5 31    b.  For the fiscal year beginning July 1, 2003, and each
  5 32 succeeding fiscal year, thirty percent, subject to a racetrack
  5 33 enclosure tax credit on taxes imposed in the subsequent fiscal
  5 34 year as calculated pursuant to this paragraph.  For purposes
  5 35 of this paragraph, the racetrack enclosure tax credit for each
  6  1 racetrack enclosure shall be calculated by multiplying the
  6  2 racetrack percentage for that racetrack enclosure by the all=
  6  3 racetracks tax credit amount.  The all=racetracks tax credit
  6  4 amount is the lesser of the following:
  6  5    (1)  One=half of the difference, if positive, between the
  6  6 adjusted receipts amount for a fiscal year and the base
  6  7 receipts amount.
  6  8    (2)  The maximum credit amount.  The maximum credit amount
  6  9 is an amount, for the applicable fiscal year, equal to the
  6 10 total, for all racetrack enclosures, of ten percent of
  6 11 adjusted gross receipts over three million dollars from
  6 12 gambling games from each racetrack enclosure.
  6 13    4.  The taxes imposed by this section shall be paid by the
  6 14 licensee to the treasurer of state within ten days after the
  6 15 close of the day when the wagers were made and shall be
  6 16 distributed as follows:
  6 17    1. a.  If the gambling excursion originated at a dock
  6 18 located in a city, one=half of one percent of the adjusted
  6 19 gross receipts shall be remitted to the treasurer of the city
  6 20 in which the dock is located and shall be deposited in the
  6 21 general fund of the city.  Another one=half of one percent of
  6 22 the adjusted gross receipts shall be remitted to the treasurer
  6 23 of the county in which the dock is located and shall be
  6 24 deposited in the general fund of the county.
  6 25    2. b.  If the gambling excursion originated at a dock
  6 26 located in a part of the county outside a city, one=half of
  6 27 one percent of the adjusted gross receipts shall be remitted
  6 28 to the treasurer of the county in which the dock is located
  6 29 and shall be deposited in the general fund of the county.
  6 30 Another one=half of one percent of the adjusted gross receipts
  6 31 shall be remitted to the treasurer of the Iowa city nearest to
  6 32 where the dock is located and shall be deposited in the
  6 33 general fund of the city.
  6 34    3. c.  Three=tenths of one percent of the adjusted gross
  6 35 receipts shall be deposited in the gambling treatment fund
  7  1 specified in section 99E.10, subsection 1, paragraph "a".
  7  2    4. d.  The remaining amount of the adjusted gross receipts
  7  3 tax shall be credited to the general fund of the state.
  7  4    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  7  5 immediate importance, takes effect upon enactment.
  7  6 HF 696
  7  7 ec/es/25