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 TLSB 2755YC (2) 89 dg/rn
H.F. _____ 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 -1- LSB 2755YC (2) 89 dg/rn 1/ 5
H.F. _____ 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 -2- LSB 2755YC (2) 89 dg/rn 2/ 5
H.F. _____ 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 -3- LSB 2755YC (2) 89 dg/rn 3/ 5
H.F. _____ 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 -4- LSB 2755YC (2) 89 dg/rn 4/ 5
H.F. _____ 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 -5- LSB 2755YC (2) 89 dg/rn 5/ 5