House
Study
Bill
265
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
forfeiture
and
withholding
of
certain
1
gaming
winnings
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
99D.7,
subsection
23,
Code
2021,
is
1
amended
to
read
as
follows:
2
23.
To
establish
a
process
to
allow
a
person
to
be
3
voluntarily
excluded
from
advance
deposit
wagering
as
defined
4
in
section
99D.11
,
from
an
internet
fantasy
sports
contest
as
5
defined
in
section
99E.1
,
from
advance
deposit
sports
wagering
6
as
defined
in
section
99F.9
,
and
from
the
wagering
area
of
7
a
racetrack
enclosure,
from
the
gaming
floor,
and
from
the
8
sports
wagering
area,
as
defined
in
section
99F.1
,
of
all
9
other
licensed
facilities
under
this
chapter
and
chapter
99F
10
as
provided
in
this
subsection
.
The
process
shall
provide
11
that
an
initial
request
by
a
person
to
be
voluntarily
excluded
12
shall
be
for
a
period
of
five
years
or
life
and
any
subsequent
13
request
following
any
five-year
period
shall
be
for
a
period
of
14
five
years
or
life.
The
process
established
shall
require
that
15
licensees
be
provided
electronic
access
to
names
and
social
16
security
numbers
of
persons
voluntarily
excluded
through
a
17
secured
interactive
internet
site
maintained
by
the
commission
18
and
information
regarding
persons
voluntarily
excluded
shall
19
be
disseminated
to
all
licensees
under
this
chapter
,
chapter
20
99E
,
and
chapter
99F
.
The
names,
social
security
numbers,
and
21
information
regarding
persons
voluntarily
excluded
shall
be
22
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
23
another
person
duly
authorized
to
release
such
information.
24
The
process
established
shall
also
require
a
person
requesting
25
to
be
voluntarily
excluded
be
provided
information
compiled
26
by
the
Iowa
department
of
public
health
on
gambling
treatment
27
options.
The
state
and
any
licensee
under
this
chapter
,
28
chapter
99E
,
or
chapter
99F
shall
not
be
liable
to
any
person
29
for
any
claim
which
may
arise
from
this
process.
In
addition
30
to
any
other
penalty
provided
by
law,
any
money
or
thing
of
31
value
that
has
been
obtained
by,
or
is
owed
to,
a
voluntarily
32
excluded
person
as
a
result
of
wagers
made
by
the
person
after
33
the
person
has
been
voluntarily
excluded
shall
be
forfeited
34
by
the
person
and
shall
be
credited
to
the
general
fund
of
35
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the
state.
The
state
and
any
licensee
under
this
chapter,
1
chapter
99D,
or
chapter
99E
shall
not
be
liable
to
any
person
2
or
state
for
any
claim,
action,
or
inaction
which
may
arise
3
from
processes
described
in
this
subsection,
and
any
licensee
4
under
this
chapter,
chapter
99D,
or
chapter
99E
shall
not
be
5
responsible
for
payment
to
the
state
of
any
money
or
thing
of
6
value
paid
to
a
voluntarily
excluded
person.
7
Sec.
2.
Section
99D.24,
Code
2021,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
2A.
A
person
who
has
been
voluntarily
10
excluded
pursuant
to
section
99D.7,
subsection
23,
who
refuses
11
to
forfeit
money
or
a
thing
of
value
obtained
as
a
result
of
12
wagers
made
by
the
person
after
the
person
has
been
voluntarily
13
excluded
is
guilty
of
a
simple
misdemeanor
and
shall
pay
14
restitution
to
the
state
in
an
amount
equivalent
to
the
money
15
or
thing
of
value
obtained.
16
Sec.
3.
Section
99D.28,
subsection
2,
Code
2021,
is
amended
17
to
read
as
follows:
18
2.
The
licensee
is
authorized
and
directed
to
withhold
19
any
winnings
of
a
debtor
which
are
paid
out
directly
by
the
20
licensee
subject
to
the
lien
created
by
this
section
and
21
provide
notice
of
such
withholding
to
the
winner
when
the
22
winner
appears
and
claims
winnings
in
person.
The
licensee
may
23
retain
an
amount
equal
to
the
lesser
of
five
percent
of
the
24
amount
withheld
or
one
hundred
dollars,
and
then
shall
pay
the
25
remaining
funds
over
to
the
collection
entity
which
administers
26
the
setoff
program
pursuant
to
section
8A.504
.
27
Sec.
4.
Section
99F.4,
subsection
22,
Code
2021,
is
amended
28
to
read
as
follows:
29
22.
To
establish
a
process
to
allow
a
person
to
be
30
voluntarily
excluded
from
advance
deposit
wagering
as
defined
31
in
section
99D.11
,
from
an
internet
fantasy
sports
contest
32
as
defined
in
section
99E.1
,
from
advance
deposit
sports
33
wagering
as
defined
in
section
99F.9
,
from
the
gaming
floor
34
and
sports
wagering
area
of
an
excursion
gambling
boat,
from
35
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the
wagering
area,
as
defined
in
section
99D.2
,
and
from
the
1
gaming
floor
and
sports
wagering
area
of
all
other
licensed
2
facilities
under
this
chapter
and
chapter
99D
as
provided
in
3
this
subsection
.
The
process
shall
provide
that
an
initial
4
request
by
a
person
to
be
voluntarily
excluded
shall
be
for
5
a
period
of
five
years
or
life
and
any
subsequent
request
6
following
any
five-year
period
shall
be
for
a
period
of
five
7
years
or
life.
The
process
established
shall
require
that
8
licensees
be
provided
electronic
access
to
names
and
social
9
security
numbers
of
persons
voluntarily
excluded
through
a
10
secured
interactive
internet
site
maintained
by
the
commission
11
and
information
regarding
persons
voluntarily
excluded
shall
12
be
disseminated
to
all
licensees
under
this
chapter
,
chapter
13
99D
,
and
chapter
99E
.
The
names,
social
security
numbers,
and
14
information
regarding
persons
voluntarily
excluded
shall
be
15
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
16
another
person
duly
authorized
to
release
such
information.
17
The
process
established
shall
also
require
a
person
requesting
18
to
be
voluntarily
excluded
be
provided
information
compiled
19
by
the
Iowa
department
of
public
health
on
gambling
treatment
20
options.
The
state
and
any
licensee
under
this
chapter
,
21
chapter
99D
,
or
chapter
99E
shall
not
be
liable
to
any
person
22
for
any
claim
which
may
arise
from
this
process.
In
addition
23
to
any
other
penalty
provided
by
law,
any
money
or
thing
of
24
value
that
has
been
obtained
by,
or
is
owed
to,
a
voluntarily
25
excluded
person
as
a
result
of
wagers
made
by
the
person
after
26
the
person
has
been
voluntarily
excluded
shall
be
forfeited
27
by
the
person
and
shall
be
credited
to
the
general
fund
of
28
the
state.
The
state
and
any
licensee
under
this
chapter,
29
chapter
99D,
or
chapter
99E
shall
not
be
liable
to
any
person
30
or
state
for
any
claim,
action,
or
inaction
which
may
arise
31
from
processes
described
in
this
subsection,
and
any
licensee
32
under
this
chapter,
chapter
99D,
or
chapter
99E
shall
not
be
33
responsible
for
payment
to
the
state
of
any
money
or
thing
of
34
value
paid
to
a
voluntarily
excluded
person.
35
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Sec.
5.
Section
99F.15,
Code
2021,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
A
person
who
has
been
voluntarily
3
excluded
pursuant
to
section
99F.4,
subsection
22,
who
refuses
4
to
forfeit
money
or
a
thing
of
value
obtained
as
a
result
of
5
wagers
made
by
the
person
after
the
person
has
been
voluntarily
6
excluded
is
guilty
of
a
simple
misdemeanor
and
shall
pay
7
restitution
to
the
state
in
an
amount
equivalent
to
the
money
8
or
thing
of
value
obtained.
9
Sec.
6.
Section
99F.19,
subsection
2,
Code
2021,
is
amended
10
to
read
as
follows:
11
2.
The
licensee
is
authorized
and
directed
to
withhold
12
any
winnings
of
a
debtor
which
are
paid
out
directly
by
the
13
licensee
subject
to
the
lien
created
by
this
section
and
14
provide
notice
of
such
withholding
to
the
winner
when
the
15
winner
appears
and
claims
winnings
in
person.
The
licensee
may
16
retain
an
amount
equal
to
the
lesser
of
five
percent
of
the
17
amount
withheld
or
one
hundred
dollars,
and
then
shall
pay
the
18
remaining
funds
over
to
the
collection
entity
which
administers
19
the
setoff
program
pursuant
to
section
8A.504
.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
forfeiture
and
withholding
of
24
certain
gaming
winnings.
25
The
bill
prevents
the
state
and
entities
licensed
by
the
26
state
racing
and
gaming
commission
from
being
held
liable
for
27
any
claim,
action,
or
inaction
which
may
arise
from
processes
28
related
to
a
person
voluntarily
excluded
from
pari-mutuel
29
wagering,
advance
deposit
wagering,
internet
fantasy
sports
30
contests,
advance
deposit
sports
wagering,
gaming
floors
and
31
sports
wagering
areas
of
an
excursion
gambling
boat,
wagering
32
areas,
and
gaming
floors
and
sports
wagering
areas.
33
The
bill
releases
entities
licensed
by
the
state
racing
and
34
gaming
commission
from
any
responsibility
to
pay
the
state
any
35
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money
or
thing
of
value
that
was
paid
to
a
voluntarily
excluded
1
person.
2
The
bill
makes
it
a
simple
misdemeanor
for
a
voluntarily
3
excluded
person
to
refuse
to
forfeit
money
or
a
thing
of
value
4
obtained
as
a
result
of
wagers
made
by
the
person
after
the
5
person
has
been
voluntarily
excluded,
and
directs
that
a
court
6
of
jurisdiction
shall
order
the
voluntarily
excluded
person
7
to
pay
an
amount
equivalent
to
the
obtained
money
or
thing
of
8
value
to
the
state
general
fund.
9
The
bill
allows
entities
licensed
by
the
state
racing
and
10
gaming
commission
to
retain
an
amount
equal
to
the
lesser
11
of
5
percent
or
$100
of
winnings
withheld
from
a
collection
12
entity
debtor.
A
“collection
entity”
means
the
department
13
of
administrative
services
and
any
other
public
agency
that
14
maintains
a
separate
accounting
system
and
elects
to
establish
15
a
debt
collection
setoff
procedure
for
the
collection
of
debts
16
owed
to
the
public
agency.
17
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