House File 2586 - Introduced HOUSE FILE 2586 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 552) A BILL FOR An Act relating to gambling regulation and enforcement 1 activities of the division of criminal investigation of the 2 department of public safety. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5622HV (3) 88 ec/rn

H.F. 2586 Section 1. Section 80.25A, Code 2020, is amended to read as 1 follows: 2 80.25A Gaming operations investigation and enforcement. 3 The commissioner of public safety shall direct the chief 4 of the division of criminal investigation to establish a 5 subdivision to be the primary criminal investigative and 6 enforcement agency for the purpose of enforcement of criminal 7 violations of chapters 99D , 99E , and 99F . The commissioner 8 of public safety shall appoint or assign other agents to 9 the division as necessary to enforce criminal violations 10 of chapters 99D , 99E , and 99F . All enforcement officers, 11 assistants , and agents of the division are subject to section 12 80.15 except clerical workers. 13 Sec. 2. Section 99F.4, subsection 18, Code 2020, is amended 14 to read as follows: 15 18. To provide for the continuous recording of all gambling 16 activities on an excursion gambling boat. The recording shall 17 be performed under guidelines set by rule of the division of 18 criminal investigation commission and the rules may require 19 that all or part of the original recordings be submitted to the 20 division on a timely schedule commission . 21 Sec. 3. Section 99F.6, subsection 3, Code 2020, is amended 22 to read as follows: 23 3. The commission shall charge the applicant a fee set 24 by the department of public safety, division of criminal 25 investigation, to defray the costs associated with the 26 search and classification of submitted fingerprints required 27 in subsection 2 and , if required by the commission under 28 subsection 4, background or information investigations 29 conducted by agents of the division of criminal investigation. 30 This fee is Fees charged to defray the costs associated with 31 a background or information investigation shall reflect only 32 actual direct costs incurred by the division of criminal 33 investigation and shall be itemized and provided to the 34 commission. Fees charged pursuant to this subsection shall be 35 -1- LSB 5622HV (3) 88 ec/rn 1/ 4

H.F. 2586 in addition to any other license fee charged by the commission. 1 Sec. 4. Section 99F.6, subsection 4, paragraph a, 2 subparagraph (1), Code 2020, is amended by striking the 3 subparagraph and inserting in lieu thereof the following: 4 (1) Before a license is granted, the commission shall 5 conduct a background or information investigation in a 6 manner as determined by the commission. The commission 7 may consider an applicant’s current license status in this 8 state or other jurisdictions in determining background or 9 information investigation requirements. In addition, the 10 commission may require the division of criminal investigation 11 of the department of public safety or other prescribed entity 12 performing background services to conduct a thorough background 13 or information investigation of the applicant for a license 14 to operate a gambling game operation on an excursion gambling 15 boat. 16 Sec. 5. REPEAL. Section 99F.4B, Code 2020, is repealed. 17 Sec. 6. GAMING ENFORCEMENT —— SPECIAL AGENT HIRING 18 MORATORIUM. Notwithstanding any provision of law to the 19 contrary, the department of public safety shall not hire, for 20 the period commencing July 1, 2020, and ending June 30, 2023, 21 any special agent to fill a vacant position or a newly created 22 position concerning the division of criminal investigation’s 23 excursion gambling boat or gambling structure enforcement 24 activities. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to gambling regulation and enforcement 29 activities of the division of criminal investigation of the 30 department of public safety. 31 Code section 80.25A, concerning gaming operation 32 investigation and enforcement by the department of public 33 safety, is amended to provide that the subdivision of 34 the division of criminal investigation established for 35 -2- LSB 5622HV (3) 88 ec/rn 2/ 4

H.F. 2586 investigation and enforcement purposes shall be for the purpose 1 of enforcement of criminal violations of Code chapters 99D, 2 99E, and 99F. 3 Code section 99F.4, concerning powers of the racing and 4 gaming commission, is amended to provide that the recording 5 of gambling activities on an excursion gambling boat shall be 6 performed under guidelines set by rule of the racing and gaming 7 commission and not the division of criminal investigation. 8 Code section 99F.6(3), concerning fees charged an applicant 9 for a license, is amended to provide that the fee shall include 10 costs associated with a background or information investigation 11 conducted by the division of criminal investigation only if 12 the division is required to conduct the investigation by the 13 racing and gaming commission. The subsection is further 14 amended to provide that the fee charged to defray the costs 15 associated with a background or information investigation shall 16 reflect only actual direct costs incurred by the division of 17 criminal investigation and shall be itemized and provided to 18 the commission. 19 Code section 99F.6(4), concerning the requirement to 20 conduct a background investigation, is amended by striking 21 the requirement that before a license is granted, the 22 division of criminal investigation shall conduct a background 23 investigation. Instead, the bill provides that before a 24 license is granted, the commission shall conduct a background 25 or information investigation in a manner as determined by 26 the commission. In conducting this investigation, the bill 27 provides that the commission may consider an applicant’s 28 current license status in this state or other jurisdictions 29 in determining background or information investigation 30 requirements and may require the division of criminal 31 investigation of the department of public safety or other 32 prescribed entity performing background services to conduct a 33 thorough background or information investigation. 34 Code section 99F.4B, concerning the requirement that the 35 -3- LSB 5622HV (3) 88 ec/rn 3/ 4

H.F. 2586 department of inspections and appeals cooperate to the maximum 1 extent possible with the division of criminal investigation 2 in adopting rules relating to the gaming operations in Code 3 chapters 99D, 99E, and 99F, is repealed. 4 The bill also provides that the department of public safety 5 shall not hire for the period commencing on or after July 6 1, 2020, and ending June 30, 2023, any special agents to 7 fill a vacancy or a newly created position concerning gaming 8 enforcement activities. 9 -4- LSB 5622HV (3) 88 ec/rn 4/ 4