House Amendment 8232


PAG LIN




     1  1    Amend Senate File 2330, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5    <Section 1.  Section 99G.9, Code 2005, is amended
     1  6 by adding the following new subsection:
     1  7    NEW SUBSECTION.  4A.  To establish a process to
     1  8 allow a person to be voluntarily excluded for life
     1  9 from purchasing a lottery ticket or share for lottery
     1 10 games authorized by this chapter.  The process
     1 11 established shall require that the authority
     1 12 disseminate information regarding persons voluntarily
     1 13 excluded to all retailers under this chapter and, if
     1 14 applicable, to licensees under chapters 99D and 99F.
     1 15 The state, the authority, retailers under this
     1 16 chapter, and, if applicable, any licensee under
     1 17 chapter 99D or 99F shall not be liable to any person
     1 18 for any claim which may arise from this process.  In
     1 19 addition to any other penalty provided by law, any
     1 20 money or thing of value that has been obtained by, or
     1 21 is owed to, a voluntarily excluded person by the
     1 22 authority as a result of playing any lottery game by
     1 23 the person after the person has been voluntarily
     1 24 excluded shall not be paid to the person but shall be
     1 25 deposited into the gambling treatment fund created in
     1 26 section 135.150.  The authority shall coordinate with
     1 27 the racing and gaming commission to establish a
     1 28 unified process for allowing persons to be excluded
     1 29 for life under this chapter and chapters 99D and 99F,
     1 30 and to establish a statewide database of persons
     1 31 excluded under this process and those excluded under
     1 32 the process for racetrack enclosures and all other
     1 33 licensed facilities under chapters 99D and 99F.
     1 34    Sec. 2.  Section 99G.30, subsection 4, Code 2005,
     1 35 is amended to read as follows:
     1 36    4.  Except for the authority, a retailer shall only
     1 37 sell lottery products on the licensed premises and not
     1 38 through the mail or by technological means except as
     1 39 the authority may provide or authorize and subject to
     1 40 the requirements of section 99G.30A.
     1 41    Sec. 3.  Section 99G.30, Code 2005, is amended by
     1 42 adding the following new subsection:
     1 43    NEW SUBSECTION.  8.  Lottery products or shares
     1 44 shall only be sold by a person at least eighteen years
     1 45 of age.
     1 46    Sec. 4.  NEW SECTION.  99G.30A  MONITOR VENDING
     1 47 MACHINES == RESTRICTIONS.
     1 48    1.  It shall be lawful for a retailer to sell
     1 49 lottery products or tickets by means of a monitor
     1 50 vending machine pursuant to the requirements of the
     2  1 authority, but only if all of the following conditions
     2  2 are met:
     2  3    a.  A monitor vending machine shall only be
     2  4 permitted or offered for use by a retailer that is a
     2  5 fraternal or charitable organization in any single
     2  6 location or premises for which a class "A" or class
     2  7 "C" liquor control license has been issued pursuant to
     2  8 chapter 123.
     2  9    b.  A monitor vending machine shall not be located
     2 10 on the premises of a retailer within twenty feet of an
     2 11 automated teller machine.
     2 12    c.  A retailer may locate no more than four monitor
     2 13 vending machines at the retailer's premises.
     2 14    d.  The authority shall not advertise or promote
     2 15 the availability of monitor vending machines to the
     2 16 public.  In addition, a person or retailer shall not
     2 17 advertise or promote the availability of a monitor
     2 18 vending machine to the public as anything other than a
     2 19 monitor vending machine dispensing lottery products or
     2 20 tickets pursuant to rules adopted by the authority.
     2 21    e.  A monitor vending machine offered to the public
     2 22 shall be designed so as to be inaudible and with a
     2 23 blank video monitor screen until the machine is
     2 24 activated by a player.  To activate a machine, a
     2 25 player shall be required to obtain a code or similar
     2 26 activating device from the retailer each time a player
     2 27 wishes to activate and play a machine.  In addition,
     2 28 each machine shall be designed to require each player
     2 29 to affirmatively respond to questions on the machine
     2 30 as determined by the authority prior to playing the
     2 31 machine.  The questions shall require responses
     2 32 related to the minimum age required to play the
     2 33 machine, the consequences if a person excluded from
     2 34 purchasing lottery products plays the machine, and the
     2 35 availability of gambling treatment programs.
     2 36    f.  The minimum cost for a person to activate and
     2 37 play a game on a monitor vending machine shall be no
     2 38 less than one dollar.
     2 39    g.  A retailer with a monitor vending machine shall
     2 40 make brochures concerning available gambling treatment
     2 41 information readily available to players of the
     2 42 machine.
     2 43    h.  A retailer offering a monitor vending machine
     2 44 to the public shall require that all employees
     2 45 authorized to provide the code or similar activating
     2 46 device to persons prior to activating and playing a
     2 47 monitor vending machine shall be at least eighteen
     2 48 years of age.
     2 49    i.  The number of monitor vending machines
     2 50 authorized by the authority and offered to the public
     3  1 shall not exceed the number of monitor vending
     3  2 machines that had been authorized and either located
     3  3 on the licensed premises of a retailer or ordered by a
     3  4 retailer from an authorized manufacturer as of January
     3  5 7, 2006.
     3  6    2.  For purposes of this section, "monitor vending
     3  7 machine" means a machine or other similar electronic
     3  8 device that includes a video monitor and audio
     3  9 capabilities that dispenses to a purchaser lottery
     3 10 tickets that have been determined to be winning or
     3 11 losing tickets by a predetermined pool drawing machine
     3 12 prior to the dispensing of the tickets.
     3 13    Sec. 5.  NEW SECTION.  99G.30B  AGE RESTRICTIONS ==
     3 14 PENALTIES.
     3 15    1.  A person under the age of twenty=one years
     3 16 shall not purchase or attempt to purchase a lottery
     3 17 ticket or share.  A person who violates this
     3 18 subsection commits a scheduled violation under section
     3 19 805.8C, subsection 5.
     3 20    2.  If any retailer, or employee of a retailer, is
     3 21 convicted or found in violation of section 99G.30,
     3 22 subsection 3, the authority shall, in addition to
     3 23 criminal penalties fixed for violation of that
     3 24 subsection, assess a civil penalty as follows:
     3 25    a.  A first violation shall subject the retailer to
     3 26 a civil penalty in the amount of five hundred dollars.
     3 27    b.  A second violation within two years shall
     3 28 subject the retailer to a thirty=day suspension of the
     3 29 retailer's license and a civil penalty in the amount
     3 30 of one thousand five hundred dollars.
     3 31    c.  A third violation within three years shall
     3 32 subject the retailer to a sixty=day suspension of the
     3 33 retailer's license and a civil penalty in the amount
     3 34 of one thousand five hundred dollars.
     3 35    d.  A fourth violation within three years shall
     3 36 result in revocation of the retailer's license.
     3 37    e.  For purposes of this subsection:
     3 38    (1)  The date of any violation shall be used in
     3 39 determining the period between violations.
     3 40    (2)  Suspension shall be limited to the specific
     3 41 license for the premises found in violation.
     3 42    Sec. 6.  Section 99G.33, Code 2005, is amended to
     3 43 read as follows:
     3 44    99G.33  LAW ENFORCEMENT INVESTIGATIONS.
     3 45    The department of public safety, division of
     3 46 criminal investigation, shall be the primary state
     3 47 agency responsible for investigating criminal
     3 48 violations under this chapter.  The chief executive
     3 49 officer shall contract with the department of public
     3 50 safety for investigative services, including the
     4  1 employment of special agents and support personnel,
     4  2 and procurement of necessary equipment to carry out
     4  3 the responsibilities of the division of criminal
     4  4 investigation under the terms of the contract and this
     4  5 chapter.  The contract shall provide, at a minimum,
     4  6 for random checks of retailers at all hours for
     4  7 compliance with the provisions of this chapter,
     4  8 especially as it relates to the purchase of lottery
     4  9 products or access to monitor vending machines by a
     4 10 person who has not reached the age of twenty=one.
     4 11    Sec. 7.  Section 99G.39, subsection 1, paragraph a,
     4 12 Code 2005, is amended to read as follows:
     4 13    a.  An amount equal to one=half of one percent of
     4 14 the gross lottery revenue for the year shall be
     4 15 deposited in the gambling treatment fund created in
     4 16 section 135.150.  However, an amount equal to one
     4 17 percent of the gross lottery revenue for the year
     4 18 derived from monitor vending machines shall be
     4 19 deposited in the gambling treatment fund created in
     4 20 section 135.150.
     4 21    Sec. 8.  Section 805.8C, subsection 5, Code
     4 22 Supplement 2005, is amended to read as follows:
     4 23    5.  GAMBLING VIOLATIONS.  For violations of legal
     4 24 age for gambling wagering under section 99D.11,
     4 25 subsection 7, section 99F.9, subsection 5, section
     4 26 99G.30B, subsection 1, and section 725.19, subsection
     4 27 1, the scheduled fine is five hundred dollars.
     4 28 Failure to pay the fine by a person under the age of
     4 29 eighteen shall not result in the person being detained
     4 30 in a secure facility.>
     4 31 #2.  Title page, by striking lines 1 and 2 and
     4 32 inserting the following:  <An Act concerning the Iowa
     4 33 lottery, including provisions on authorized lottery
     4 34 games and machines, and providing penalties.>
     4 35 #3.  By renumbering as necessary.
     4 36
     4 37
     4 38                               
     4 39 D. TAYLOR of Linn
     4 40 SF 2330.707 81
     4 41 ec/gg/4149

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