House Study Bill 552 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) 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 5622YC (4) 88 ec/rn
H.F. _____ 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 5622YC (4) 88 ec/rn 1/ 5
H.F. _____ 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. Section 99F.10, subsection 4, paragraph a, 17 subparagraph (1), Code 2020, is amended by striking the 18 subparagraph. 19 Sec. 6. Section 99F.10, subsection 4, paragraph a, 20 subparagraph (2), Code 2020, is amended to read as follows: 21 (2) On or after July 1, 2016 Prior to July 1, 2023 , the 22 cost of salaries for no more than three special agents for each 23 excursion gambling boat or gambling structure, plus any direct 24 and indirect support costs for the agents, for the division of 25 criminal investigation’s excursion gambling boat or gambling 26 structure activities. 27 Sec. 7. Section 99F.10, subsection 4, paragraph a, Code 28 2020, is amended by adding the following new subparagraph: 29 NEW SUBPARAGRAPH . (3) On or after July 1, 2023, the 30 cost, allocated to each excursion gambling boat or gambling 31 structure, for salaries for special agents, plus any direct 32 and indirect support costs for the agents, for the division of 33 criminal investigation’s excursion gambling boat or gambling 34 structure activities. The total number of enforcement 35 -2- LSB 5622YC (4) 88 ec/rn 2/ 5
H.F. _____ assistants and agents who are subject to section 80.15 and who 1 are appointed or assigned by the division to enforce criminal 2 violations of this chapter pursuant to section 80.25A shall not 3 exceed ten full-time equivalent positions. 4 Sec. 8. Section 99F.10, subsection 4, paragraph b, Code 5 2020, is amended to read as follows: 6 b. Notwithstanding sections 8.60 and 99F.4 , the portion 7 of the fee paid pursuant to paragraph “a” relating to the 8 costs of special agents and officers plus any direct and 9 indirect support costs for the agents and officers , for the 10 division of criminal investigation’s excursion gambling boat 11 or gambling structure activities, shall be deposited into the 12 gaming enforcement revolving fund established in section 80.43 . 13 However, the department of public safety shall transfer, on an 14 annual basis, the portion of the regulatory fee attributable 15 to the indirect support costs of the special agents and gaming 16 enforcement officers to the general fund of the state. 17 Sec. 9. REPEAL. Section 99F.4B, Code 2020, is repealed. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to gambling regulation and enforcement 22 activities of the division of criminal investigation of the 23 department of public safety. 24 Code section 80.25A, concerning gaming operation 25 investigation and enforcement by the department of public 26 safety, is amended to provide that the subdivision of 27 the division of criminal investigation established for 28 investigation and enforcement purposes shall be for the purpose 29 of enforcement of criminal violations of Code chapters 99D, 30 99E, and 99F. 31 Code section 99F.4, concerning powers of the racing and 32 gaming commission, is amended to provide that the recording 33 of gambling activities on an excursion gambling boat shall be 34 performed under guidelines set by rule of the racing and gaming 35 -3- LSB 5622YC (4) 88 ec/rn 3/ 5
H.F. _____ commission and not the division of criminal investigation. 1 Code section 99F.6(3), concerning fees charged an applicant 2 for a license, is amended to provide that the fee shall include 3 costs associated with a background or information investigation 4 conducted by the division of criminal investigation only if 5 the division is required to conduct the investigation by the 6 racing and gaming commission. The subsection is further 7 amended to provide that the fee charged to defray the costs 8 associated with a background or information investigation shall 9 reflect only actual direct costs incurred by the division of 10 criminal investigation and shall be itemized and provided to 11 the commission. 12 Code section 99F.6(4), concerning the requirement to 13 conduct a background investigation, is amended by striking 14 the requirement that before a license is granted, the 15 division of criminal investigation shall conduct a background 16 investigation. Instead, the bill provides that before a 17 license is granted, the commission shall conduct a background 18 or information investigation in a manner as determined by 19 the commission. In conducting this investigation, the bill 20 provides that the commission may consider an applicant’s 21 current license status in this state or other jurisdictions 22 in determining background or information investigation 23 requirements and may require the division of criminal 24 investigation of the department of public safety or other 25 prescribed entity performing background services to conduct a 26 thorough background or information investigation. 27 Code section 99F.10, concerning regulatory fees, is amended. 28 The bill provides that the current requirement that the 29 amount of revenue to be raised from regulatory fees shall be 30 calculated based on the cost of salaries for no more than three 31 special agents of the division of criminal investigation for 32 each excursion gambling boat or gambling structure shall end 33 July 1, 2023. The bill then provides that, beginning on and 34 after July 1, 2023, the regulatory fee to be allocated to 35 -4- LSB 5622YC (4) 88 ec/rn 4/ 5
H.F. _____ each gambling boat or gambling structure shall be determined 1 based on the costs of special agents for the division of 2 criminal investigation’s excursion gambling boat or gambling 3 structure activities and limits the total number of enforcement 4 assistants and agents to 10 full-time equivalent positions. 5 Code section 99F.4B, concerning the requirement that the 6 department of inspections and appeals cooperate to the maximum 7 extent possible with the division of criminal investigation 8 in adopting rules relating to the gaming operations in Code 9 chapters 99D, 99E, and 99F, is repealed. 10 -5- LSB 5622YC (4) 88 ec/rn 5/ 5