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 -1-