HF 332 (LSB 1127YH (1) 85)

HOUSE FILE 332

BY  MOORE

(COMPANION TO SF 28 BY COURTNEY)

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, subsection 23, Code 2013, is amended to read as follows:
   23.  To require licensees to establish a process to allow a person to be voluntarily excluded for life from a racetrack enclosure and all other licensed facilities under this chapter and chapter 99F
 
as provided in this subsection. The process shall provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and a subsequent request following the five-year period shall be for a period of five years or life. A request by a person to be voluntarily excluded following the second five-year period shall be for life. The process established shall
 
also require that a licensee disseminate information regarding persons voluntarily excluded to all licensees under this chapter and chapter 99F. 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. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, a voluntarily excluded person by a licensee as a result of wagers made by the person after the person has been voluntarily excluded shall not be paid to the person but shall be credited to the general fund of the state.
    Sec. 2.  Section 99F.4, subsection 22, Code 2013, is amended to read as follows:
   22.  To require licensees to establish a process to allow a person to be voluntarily excluded for life from an excursion gambling boat and all other licensed facilities under this chapter and chapter 99D
 
as provided in this subsection. The process shall provide that an initial request by a person to be voluntarily excluded shall be for a period of five years or life and a subsequent request following the five-year period shall be for a period of five years or life. A request by a person to be voluntarily excluded following the second five-year period shall be for life. The process established shall
 
also require that a licensee disseminate information regarding persons voluntarily excluded to all licensees under this chapter and chapter 99D. 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. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, a voluntarily excluded person by a licensee as a result of wagers made by the person after the person has been voluntarily excluded shall not be paid to the person but shall be credited to the general fund of the state.
    Sec. 3.  GAMBLING SELF-EXCLUSION —— REAPPLICATION.
   1.  A person who has been voluntarily excluded for life from a racetrack enclosure, an excursion gambling boat, and all other licensed facilities under Code chapters 99D and 99F pursuant to the process established in Code sections 99D.7 and 99F.4 prior to the effective date of this Act may reapply to the licensed facilities to revoke the exclusion, pursuant to a process established by the licensed facilities in accordance with the requirements of the racing and gaming commission. A person may reapply to revoke the voluntary exclusion only if the person has been voluntarily excluded for a period of at least five years.
   2.  Following a revocation of a voluntary exclusion as provided by this section, a subsequent request to be voluntarily excluded shall be as provided for a subsequent request pursuant to the process described in Code sections 99D.7 and 99F.4, as amended by this Act.
EXPLANATION
   This bill concerns the process by which a person can be voluntarily excluded from a racetrack enclosure under Code chapter 99D and from an excursion gambling boat and all other licensed facilities under Code chapter 99F.
   The bill provides that an initial request to be voluntarily excluded shall be for a period of five years or for life and a subsequent request by that person after the five-year period shall be for five years or life. The bill further provides that a request following the second five-year exclusion period shall be for life. Under current law, a request to be voluntarily excluded is for life.
   The bill also provides that for a person who has been voluntarily excluded for life from a gambling facility prior to the effective date of the bill, the person may reapply to have the exclusion revoked if the person has been excluded for at least five years. The bill provides that if a person revokes their exclusion, a subsequent request for exclusion shall be as otherwise provided in the bill.