HOUSE FILE 98

BY  MURPHY

A BILL FOR

An Act concerning persons voluntarily excluded from gambling facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 99D.7, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  22A.  To require licensees to establish a process by which a person who has been voluntarily excluded for life from a racetrack enclosure and all other licensed facilities under this chapter and chapter 99F may, after having been excluded for at least five years, apply to revoke that exclusion. A person shall not have their exclusion revoked unless the application to revoke contains the written consent of the person’s spouse, if applicable. The process established shall include a procedure that would allow any person that has revoked their exclusion to request that the lifetime exclusion be reinstated. A person that has reinstated a lifetime exclusion shall not be permitted to revoke that reinstated exclusion. The state and any licensee under this chapter or chapter 99F shall not be liable to any person for any claim which may arise from this process.
   Sec. 2.  Section 99F.4, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  22A.  To require licensees to establish a process by which a person who has been voluntarily excluded for life from an excursion gambling boat and all other licensed facilities under this chapter and chapter 99D may, after having been excluded for at least five years, apply to revoke that exclusion. A person shall not have their exclusion revoked unless the application to revoke contains the written consent of the person’s spouse, if applicable. The process established shall include a procedure that would allow any person that has revoked their exclusion to request that the lifetime exclusion be reinstated. A person that has reinstated a lifetime exclusion shall not be permitted to revoke that reinstated exclusion. The state and any licensee under this chapter or chapter 99D shall not be liable to any person for any claim which may arise from this process.
EXPLANATION
   This bill creates a process by which a person voluntarily excluded from gambling facilities may apply to revoke that exclusion.
   The bill requires that license holders under Code chapter 99D create a process to allow any individual, self-excluded from racetrack enclosures and other facilities under Code chapter 99D, to apply for a revocation of that exclusion after at least five years of exclusion. The application to revoke must, if applicable, contain the written consent of the individual’s spouse. The bill further requires that a process will be created so that any individual who applies to revoke their exclusion may have their exclusion reinstated. The bill requires that once an exclusion is reinstated that it may not be revoked at any later time. The licensee and the state of Iowa will not be liable for any damages that may arise from this process.
   The bill also requires that license holders under Code chapter 99F create a process to allow any individual, self-excluded from excursion gambling boats and other facilities under Code chapter 99F, to apply for a revocation of that exclusion after at least five years of exclusion. The application to revoke must, if applicable, contain the written consent of the individual’s spouse. The bill further requires that a process will be created so that any individual who applies to revoke their exclusion may have their exclusion reinstated. The bill requires that once an exclusion is reinstated that it may not be revoked at any later time. The licensee and the state of Iowa will not be liable for any damages that may arise from this process.