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 -1-