House Study Bill 64



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED IOWA LOTTERY
                                            AUTHORITY BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the regulation of lotteries, including the
  2    definition of a lottery, permissible lotteries by commercial
  3    organizations, and the prosecution of violators.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1188DP 81
  6 ec/sh/8

PAG LIN



  1  1    Section 1.  Section 725.12, Code 2005, is amended to read
  1  2 as follows:
  1  3    725.12  LOTTERIES AND LOTTERY TICKETS == DEFINITION ==
  1  4 PROSECUTION.
  1  5    1.  If any person make or aid in making or establishing, or
  1  6 advertise or make public a scheme for a lottery; or advertise,
  1  7 offer for sale, sell, distribute, negotiate, dispose of,
  1  8 purchase, or receive a ticket or part of a ticket in a lottery
  1  9 or number of a ticket in a lottery; or have in the person's
  1 10 possession a ticket, part of a ticket, or paper purporting to
  1 11 be the number of a ticket of a lottery, with intent to sell or
  1 12 dispose of the ticket, part of a ticket, or paper on the
  1 13 person's own account or as the agent of another, the person
  1 14 commits a serious misdemeanor.  However, this section does not
  1 15 prohibit the advertising of a lottery or possession by a
  1 16 person of a lottery ticket, part of a ticket, or number of a
  1 17 lottery ticket from a lottery legally operated or permitted
  1 18 under the laws of another jurisdiction.  This section also
  1 19 does not prohibit the advertising of a lottery, game of
  1 20 chance, contest, or activity conducted by a not=for=profit
  1 21 organization that would qualify as tax exempt under section
  1 22 501 of the Internal Revenue Code, as defined in section 422.3,
  1 23 or conducted by a commercial organization as a promotional
  1 24 activity by a commercial organization which is clearly
  1 25 occasional and ancillary to the primary business of that
  1 26 organization, provided that the effective dates on any
  1 27 promotional activity shall be clearly stated on all
  1 28 promotional materials and no monetary prize awarded pursuant
  1 29 to such promotional activity shall be paid on the premises
  1 30 where the chance to win a prize was obtained.  A lottery, game
  1 31 of chance, contest, or activity shall be presumed to be a
  1 32 promotional activity which is not occasional if the lottery,
  1 33 game of chance, contest, or activity is in effect or available
  1 34 to the public for a period of more than ninety days within a
  1 35 one=year period.
  2  1    2.  When used in this section, "lottery" shall mean any
  2  2 scheme, arrangement, or plan whereby a prize is one or more
  2  3 prizes are awarded by chance or any process involving a
  2  4 substantial element of chance to a participant who has, and
  2  5 where some or all participants have paid or furnished a
  2  6 consideration for such chance.
  2  7    3.  For the purpose of determining the existence of a
  2  8 lottery under this section, a consideration shall be deemed to
  2  9 have been paid or furnished only in such cases where as a
  2 10 direct or indirect requirement or condition of obtaining a
  2 11 chance to win a prize, the one or more prizes, some or all
  2 12 participants are required to make an expenditure of money or
  2 13 something of monetary value through a purchase, payment of an
  2 14 entry or admission fee, or other payment or the participants
  2 15 are required to make a substantial expenditure of effort;
  2 16 provided, however, that no substantial expenditure of effort
  2 17 shall be deemed to have been expended by any participant
  2 18 solely by reason of the registration of the participant's
  2 19 name, address, and related information, the obtaining of an
  2 20 entry blank or participation sheet, by permitting or taking
  2 21 part in a demonstration of any article or commodity, by making
  2 22 a personal examination of posted lists of prize winners, or by
  2 23 acts of a comparable nature, whether performed or accomplished
  2 24 in person at any store, place of business, or other designated
  2 25 location, through the mails, or by telephone; and further
  2 26 provided, that no participant shall be required to be present
  2 27 in person or by representative at any designated location at
  2 28 the time of the determination of the winner of the prize, and
  2 29 that the winner shall be notified either by the same method
  2 30 used to communicate the offering of the prize or by regular
  2 31 mail.
  2 32    4.  Upon request of the Iowa lottery authority or the
  2 33 division of criminal investigation of the department of public
  2 34 safety, the attorney general shall institute in the name of
  2 35 the state the proper proceedings against a person charged in
  3  1 such request with violating this section, and a county
  3  2 attorney, at the request of the attorney general, shall appear
  3  3 and prosecute an action when brought in the county attorney's
  3  4 county.
  3  5                           EXPLANATION
  3  6    This bill concerns the regulation of lotteries as provided
  3  7 in the vice chapter of the Code.
  3  8    The bill changes the definition of a lottery to provide
  3  9 that a lottery includes lotteries where some participants make
  3 10 an expenditure of money or something of value for a chance at
  3 11 a prize.  Under current law, lottery includes only those games
  3 12 where each participant is required to make an expenditure of
  3 13 money or something of value for a chance.
  3 14    The bill also modifies the provisions concerning
  3 15 permissible lotteries conducted by a commercial organization.
  3 16 The bill provides that to be a permissible lottery, no
  3 17 monetary prize can be awarded on the premises where the chance
  3 18 to win a prize was obtained and the lottery cannot be in
  3 19 effect or available to the public for a period of more than 90
  3 20 days within a one=year period.  The bill requires commercial
  3 21 organizations conducting a lottery to provide the effective
  3 22 dates of the lottery on all promotional materials.
  3 23    The bill also provides that the attorney general, and the
  3 24 applicable county attorney, shall institute proceedings
  3 25 against any person violating the Code section governing
  3 26 lotteries upon request of the Iowa lottery authority or the
  3 27 division of criminal investigation of the department of public
  3 28 safety.
  3 29 LSB 1188DP 81
  3 30 ec/sh/8