Senate Amendment 5045


PAG LIN




     1  1    Amend Senate File 2330 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 99G.9, Code 2005, is amended
     1  5 by adding the following new subsection:
     1  6    NEW SUBSECTION.  4A.  To establish a process to
     1  7 allow a person to be voluntarily excluded for life
     1  8 from purchasing a lottery ticket or share for lottery
     1  9 games authorized by this chapter.  The process
     1 10 established shall require that the authority
     1 11 disseminate information regarding persons voluntarily
     1 12 excluded to all retailers under this chapter and, if
     1 13 applicable, to licensees under chapters 99D and 99F.
     1 14 The state, the authority, retailers under this
     1 15 chapter, and, if applicable, any licensee under
     1 16 chapter 99D or 99F shall not be liable to any person
     1 17 for any claim which may arise from this process.  In
     1 18 addition to any other penalty provided by law, any
     1 19 money or thing of value that has been obtained by, or
     1 20 is owed to, a voluntarily excluded person by the
     1 21 authority as a result of playing any lottery game by
     1 22 the person after the person has been voluntarily
     1 23 excluded shall not be paid to the person but shall be
     1 24 deposited into the gambling treatment fund created in
     1 25 section 135.150.  The authority shall coordinate with
     1 26 the racing and gaming commission to establish a
     1 27 unified process for allowing persons to be excluded
     1 28 for life under this chapter and chapters 99D and 99F,
     1 29 and to establish a statewide database of persons
     1 30 excluded under this process and those excluded under
     1 31 the process for racetrack enclosures and all other
     1 32 licensed facilities under chapters 99D and 99F.
     1 33    Sec. 2.  Section 99G.30, subsection 4, Code 2005,
     1 34 is amended to read as follows:
     1 35    4.  Except for the authority, a retailer shall only
     1 36 sell lottery products on the licensed premises and not
     1 37 through the mail or by technological means except as
     1 38 the authority may provide or authorize and subject to
     1 39 the requirements of section 99G.30B.
     1 40    Sec. 3.  NEW SECTION.  99G.30A  AGE RESTRICTIONS ==
     1 41 PENALTIES.
     1 42    1.  A person under the age of twenty=one years
     1 43 shall not purchase or attempt to purchase a lottery
     1 44 ticket or share and shall not enter the age=restricted
     1 45 area in which a monitor vending machine is located.  A
     1 46 person who violates this subsection commits a
     1 47 scheduled violation under section 805.8C, subsection
     1 48 5.
     1 49    2.  If any retailer, or employee of a retailer, is
     1 50 convicted or found in violation of section 99G.30,
     2  1 subsection 3, the authority shall, in addition to
     2  2 criminal penalties fixed for violation of that
     2  3 subsection, assess a civil penalty as follows:
     2  4    a.  A first violation shall subject the retailer to
     2  5 a civil penalty in the amount of five hundred dollars.
     2  6    b.  A second violation within two years shall
     2  7 subject the retailer to a thirty=day suspension of the
     2  8 retailer's license and a civil penalty in the amount
     2  9 of one thousand five hundred dollars.
     2 10    c.  A third violation within three years shall
     2 11 subject the retailer to a sixty=day suspension of the
     2 12 retailer's license and a civil penalty in the amount
     2 13 of one thousand five hundred dollars.
     2 14    d.  A fourth violation within three years shall
     2 15 result in revocation of the retailer's license.
     2 16    e.  For purposes of this subsection:
     2 17    (1)  The date of any violation shall be used in
     2 18 determining the period between violations.
     2 19    (2)  Suspension shall be limited to the specific
     2 20 license for the premises found in violation.
     2 21    Sec. 4.  NEW SECTION.  99G.30B  MONITOR VENDING
     2 22 MACHINES == RESTRICTIONS.
     2 23    1.  It shall be lawful for a retailer to sell
     2 24 lottery products or tickets by means of a monitor
     2 25 vending machine pursuant to the requirements of the
     2 26 authority, but only if all of the following conditions
     2 27 are met:
     2 28    a.  A monitor vending machine shall only be
     2 29 permitted or offered for use by a retailer in any
     2 30 single location or premises for which a class "A",
     2 31 class "B", class "C", special class "C", or class "D"
     2 32 liquor control license or class "B" or class "C" beer
     2 33 permit has been issued pursuant to chapter 123.
     2 34    b.  A monitor vending machine shall not be located
     2 35 on the premises of a retailer within twenty feet of an
     2 36 automated teller machine.
     2 37    c.  Monitor vending machines shall be located in an
     2 38 age=restricted area in which a permanent physical
     2 39 barrier, as approved by the authority, restricts
     2 40 access to the monitor vending machines.
     2 41    d.  A monitor vending machine offered to the public
     2 42 shall be designed so as to be inaudible and with a
     2 43 video monitor screen that only displays the age
     2 44 requirement for play until the machine is activated by
     2 45 a player.  Each machine shall be designed to require
     2 46 each player to affirmatively respond to questions on
     2 47 the machine as determined by the authority prior to
     2 48 being allowed to insert money and play the machine.
     2 49 The questions shall require responses related to the
     2 50 minimum age required to play the machine, the
     3  1 consequences if a person excluded from purchasing
     3  2 lottery products plays the machine, and the
     3  3 availability of gambling treatment programs.
     3  4    e.  A retailer shall not award a prize to a person
     3  5 for playing a monitor vending machine until the
     3  6 retailer verifies that the person is eligible to claim
     3  7 a prize.  The authority shall establish the
     3  8 requirements for determining eligibility for claiming
     3  9 a prize, which requirements shall include the manner
     3 10 of verifying the age of the person and determining
     3 11 whether the person is excluded from claiming a prize
     3 12 under this chapter.
     3 13    f.  A retailer that offers a monitor vending
     3 14 machine to the public and is authorized to sell
     3 15 alcohol, wine, or beer for on=premises consumption
     3 16 shall require employees of the retailer to attend
     3 17 training designed to assist employees at bars and
     3 18 restaurants in preventing alcohol sales to minors or
     3 19 intoxicated patrons.
     3 20    g.  A retailer with a monitor vending machine shall
     3 21 make brochures concerning available gambling treatment
     3 22 information readily available to players of the
     3 23 machine.
     3 24    2.  For purposes of this section, "monitor vending
     3 25 machine" means a machine or other similar electronic
     3 26 device that includes a video monitor and audio
     3 27 capabilities that dispenses to a purchaser lottery
     3 28 tickets that have been determined to be winning or
     3 29 losing tickets by a predetermined pool drawing machine
     3 30 prior to the dispensing of the tickets.
     3 31    Sec. 5.  Section 99G.33, Code 2005, is amended to
     3 32 read as follows:
     3 33    99G.33  LAW ENFORCEMENT INVESTIGATIONS.
     3 34    The department of public safety, division of
     3 35 criminal investigation, shall be the primary state
     3 36 agency responsible for investigating criminal
     3 37 violations under this chapter.  The chief executive
     3 38 officer shall contract with the department of public
     3 39 safety for investigative services, including the
     3 40 employment of special agents and support personnel,
     3 41 and procurement of necessary equipment to carry out
     3 42 the responsibilities of the division of criminal
     3 43 investigation under the terms of the contract and this
     3 44 chapter.  The contract shall provide, at a minimum,
     3 45 for random checks of retailers at all hours for
     3 46 compliance with the provisions of this chapter,
     3 47 especially as it relates to the purchase of lottery
     3 48 products or access to monitor vending machines by a
     3 49 person who has not reached the age of twenty=one.
     3 50    Sec. 6.  Section 99G.39, subsection 1, paragraph a,
     4  1 Code 2005, is amended to read as follows:
     4  2    a.  An amount equal to one=half of one percent of
     4  3 the gross lottery revenue for the year shall be
     4  4 deposited in the gambling treatment fund created in
     4  5 section 135.150.  However, an amount equal to one
     4  6 percent of the gross lottery revenue for the year
     4  7 derived from monitor vending machines shall be
     4  8 deposited in the gambling treatment fund created in
     4  9 section 135.150.
     4 10    Sec. 7.  Section 805.8C, subsection 5, Code
     4 11 Supplement 2005, is amended to read as follows:
     4 12    5.  GAMBLING VIOLATIONS.  For violations of legal
     4 13 age for gambling wagering under section 99D.11,
     4 14 subsection 7, section 99F.9, subsection 5, section
     4 15 99G.30A, subsection 1, and section 725.19, subsection
     4 16 1, the scheduled fine is five hundred dollars.
     4 17 Failure to pay the fine by a person under the age of
     4 18 eighteen shall not result in the person being detained
     4 19 in a secure facility.>
     4 20 #2.  Title page, by striking lines 1 and 2 and
     4 21 inserting the following:  <An Act concerning the Iowa
     4 22 lottery, including provisions regarding monitor
     4 23 vending machines, and providing penalties.>
     4 24
     4 25
     4 26                               
     4 27 WALLY E. HORN
     4 28 MARK ZIEMAN
     4 29 RON WIECK
     4 30 STEVE KETTERING
     4 31 MATT McCOY
     4 32 SF 2330.301 81
     4 33 ec/cf/4003

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