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Senate File 2273

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 99E.9, subsection 2, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    2.  Subject to the approval of the board, the commissioner
  1  4 may enter into contracts for the operation and marketing of
  1  5 the lottery, except that the board may by rule designate
  1  6 classes of contracts other than major procurements which do
  1  7 not require prior approval by the board.  A major procurement
  1  8 shall be as the result of competitive bidding with the
  1  9 contract being awarded to the responsible vendor submitting
  1 10 the lowest and best proposal.  However, before a contract for
  1 11 a major procurement is awarded, the division of criminal
  1 12 investigation of the department of public safety shall conduct
  1 13 a thorough background investigation of the vendor, any parent
  1 14 or subsidiary corporation of the vendor, all shareholders of
  1 15 five percent or more interest of the vendor or parent or
  1 16 subsidiary corporation of the vendor, and all officers and
  1 17 directors of the vendor or parent or subsidiary corporation of
  1 18 the vendor to whom the contract is to be awarded.  The vendor
  1 19 shall submit to the division of criminal investigation
  1 20 appropriate investigation authorizations to facilitate this
  1 21 investigation.  A contract for a major procurement awarded or
  1 22 entered into by the commissioner with an individual or
  1 23 business organization shall require that individual or
  1 24 business organization to establish a permanent office in this
  1 25 state.  As used in this subsection, "major procurement" means
  1 26 consulting agreements and the major procurement contract with
  1 27 a business organization for the printing of tickets, or for
  1 28 purchase or lease of equipment or services essential to the
  1 29 operation of a lottery game.
  1 30    Sec. 2.  Section 99E.9, subsection 3, paragraph c, Code
  1 31 Supplement 1995, is amended to read as follows:
  1 32    c.  The price of tickets or shares in the lottery,
  1 33 including but not limited to authorization of sales of tickets
  1 34 or shares at a discount for marketing purposes.
  1 35    Sec. 3.  Section 99E.9, subsection 3, paragraph m, Code
  2  1 Supplement 1995, is amended to read as follows:
  2  2    m.  The form and type of marketing, informational, and
  2  3 educational material to be permitted.  Marketing material and
  2  4 campaigns shall include the concept of investing in Iowa's
  2  5 economic development and show the economic development
  2  6 initiatives funded from lottery revenue.
  2  7    Sec. 4.  Section 99E.9, subsection 3, paragraph n,
  2  8 subparagraph (1), Code Supplement 1995, is amended to read as
  2  9 follows:
  2 10    (1)  The payment of costs incurred in the operation and
  2 11 administration of the lottery and the lottery division,
  2 12 including the expenses of the lottery and the cost resulting
  2 13 from contracts entered into for consulting or operational
  2 14 services, or for marketing.
  2 15    Sec. 5.  Section 99E.9, subsection 4, Code Supplement 1995,
  2 16 is amended to read as follows:
  2 17    4.  The board and the commissioner may enter into written
  2 18 agreements or compacts with another state or states or one or
  2 19 more political subdivisions of another state or states for the
  2 20 operation, marketing, and promotion of a joint lottery or
  2 21 joint lottery games.
  2 22    Sec. 6.  Section 99E.9, subsection 7, Code Supplement 1995,
  2 23 is amended by striking the subsection and inserting in lieu
  2 24 thereof the following:
  2 25    7.  a.  The board and the commissioner shall not spend
  2 26 public funds or revenue derived from the lottery operations to
  2 27 engage in promotional advertising of the state lottery or a
  2 28 multistate lottery.
  2 29    b.  A licensee, a vendor, or a combination of licensees and
  2 30 vendors may engage in promotional advertising of the state
  2 31 lottery or any multistate lottery in which the state
  2 32 participates.
  2 33    c.  Promotional advertising by vendors pursuant to
  2 34 paragraph "b" shall clearly indicate that the advertising is
  2 35 paid for by the vendors.
  3  1    d.  Any advertising of the lottery which describes a
  3  2 specific lottery game and a lottery share shall include the
  3  3 following:
  3  4    (1)  Except for games under subparagraph (2), the prize
  3  5 structure, the prize amounts, and the odds of a specific
  3  6 lottery ticket or lottery share being selected as the winning
  3  7 lottery ticket or lottery share for each prize amount.
  3  8    (2)  For games in which the amount of the winnings and the
  3  9 odds of winning are determined by the number of participants
  3 10 in the game, all of the following shall be included:
  3 11    (a)  An explanation that the amount of the winnings and the
  3 12 odds of winning are determined by the number of participants
  3 13 in the game.
  3 14    (b)  An explanation of the prize structure.
  3 15    (c)  Estimates of the amounts of prizes and the odds of a
  3 16 particular lottery ticket or lottery share winning each prize.
  3 17 The estimates of the prize amounts and the odds of a
  3 18 particular lottery ticket or lottery share winning each prize
  3 19 may be given as a range of values.
  3 20    Sec. 7.  Section 99E.10, subsection 1, unnumbered paragraph
  3 21 2, Code 1995, is amended to read as follows:
  3 22    Lottery expenses for marketing, educational, and
  3 23 informational material shall not exceed four one percent of
  3 24 the lottery revenue.
  3 25    Sec. 8.  Section 99E.13, subsection 1, Code 1995, is
  3 26 amended to read as follows:
  3 27    1.  A member of the board, the director, the commissioner,
  3 28 or an employee of the lottery shall not directly or
  3 29 indirectly, individually, as a member of a partnership or
  3 30 other association, or as a shareholder, director, or officer
  3 31 of a corporation have an interest in a business which
  3 32 contracts for the operation and marketing of the lottery as
  3 33 authorized by section 99E.9, subsection 2.
  3 34    Sec. 9.  Section 99E.16, subsection 1, Code 1995, is
  3 35 amended to read as follows:
  4  1    1.  The commissioner shall license persons to sell lottery
  4  2 tickets or shares to best serve public convenience.  The
  4  3 lottery division may sell tickets or shares to the public.
  4  4 Except for the lottery division, a licensee shall not engage
  4  5 in business exclusively to sell lottery tickets or shares.
  4  6 However, the board may approve a special license to permit a
  4  7 licensee or the lottery division itself to sell lottery
  4  8 tickets or shares to the public at special events approved by
  4  9 the board.  Before issuing a license the commissioner shall
  4 10 consider the financial responsibility and security of the
  4 11 applicant, the applicant's business or activity, the
  4 12 accessibility of the applicant's place of business or activity
  4 13 to the public, the sufficiency of existing licensees to serve
  4 14 the public convenience, and the volume of expected sales.  A
  4 15 licensee shall cooperate with the lottery by using point-of-
  4 16 purchase materials, posters, and other educational, and
  4 17 informational, and marketing materials when requested to do so
  4 18 by the lottery.  Lack of cooperation is sufficient cause for
  4 19 revocation of a person's license.  
  4 20                           EXPLANATION
  4 21    This bill prohibits the lottery board and commissioner of
  4 22 the lottery from using public funds or receipts from the state
  4 23 lottery or multistate lottery to market or advertise the state
  4 24 lottery or the multistate lottery.
  4 25    The licensees and vendors of the state lottery may
  4 26 advertise and promote the lottery games if the advertising and
  4 27 lottery tickets or shares contain information about the
  4 28 various prizes, odds of winning each prize, and prize
  4 29 structure.  For games where the winnings and the odds are
  4 30 determined by the number of players, the advertisement and
  4 31 tickets must include an explanation that the winnings and odds
  4 32 are determined by the number of players, an explanation of the
  4 33 prize structure, and an estimate of the odds and prize
  4 34 amounts.  
  4 35 LSB 3954SS 76
  5  1 tj/jj/8
     

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