House File 645 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO HSB 64)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the regulation of lotteries, including the
  2    definition of a lottery, permissible lotteries by commercial
  3    organizations, and the prosecution of violators.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1188HV 81
  6 ec/sh/8

PAG LIN



  1  1    Section 1.  Section 725.12, Code 2005, is amended to read
  1  2 as follows:
  1  3    725.12  LOTTERIES AND LOTTERY TICKETS == DEFINITION ==
  1  4 PROSECUTION.
  1  5    1.  If any person make or aid in making or establishing, or
  1  6 advertise or make public a scheme for a lottery; or advertise,
  1  7 offer for sale, sell, distribute, negotiate, dispose of,
  1  8 purchase, or receive a ticket or part of a ticket in a lottery
  1  9 or number of a ticket in a lottery; or have in the person's
  1 10 possession a ticket, part of a ticket, or paper purporting to
  1 11 be the number of a ticket of a lottery, with intent to sell or
  1 12 dispose of the ticket, part of a ticket, or paper on the
  1 13 person's own account or as the agent of another, the person
  1 14 commits a serious misdemeanor.  However, this section does not
  1 15 prohibit the advertising of a lottery or possession by a
  1 16 person of a lottery ticket, part of a ticket, or number of a
  1 17 lottery ticket from a lottery legally operated or permitted
  1 18 under the laws of another jurisdiction.  This section also
  1 19 does not prohibit the advertising of a lottery, game of
  1 20 chance, contest, or activity conducted by a not=for=profit
  1 21 organization that would qualify as tax exempt under section
  1 22 501 of the Internal Revenue Code, as defined in section 422.3,
  1 23 or conducted by a commercial organization as a promotional
  1 24 activity by a commercial organization which is clearly
  1 25 occasional and ancillary to the primary business of that
  1 26 organization, provided that the effective dates on any
  1 27 promotional activity shall be clearly stated on all
  1 28 promotional materials and no monetary prize awarded pursuant
  1 29 to such promotional activity shall be paid on the premises
  1 30 where the chance to win a prize was obtained.  A lottery, game
  1 31 of chance, contest, or activity shall be presumed to be a
  1 32 promotional activity which is not occasional if the lottery,
  1 33 game of chance, contest, or activity is in effect or available
  1 34 to the public for a period of more than ninety days within a
  1 35 one=year period.
  2  1    2.  When used in this section, "lottery" shall mean any
  2  2 scheme, arrangement, or plan whereby a prize is one or more
  2  3 prizes are awarded by chance or any process involving a
  2  4 substantial element of chance to a participant who has, and
  2  5 where some or all participants have paid or furnished a
  2  6 consideration for such chance.
  2  7    3.  For the purpose of determining the existence of a
  2  8 lottery under this section, a consideration shall not be
  2  9 deemed to have been paid or furnished where all or
  2 10 substantially all entries representing chances to win are
  2 11 submitted by means of the internet or the United States mail
  2 12 or by similar delivery method to the person or persons
  2 13 conducting the lottery, game of chance, contest, or activity
  2 14 prior to any prize being awarded, and where one or more of
  2 15 such chances to win may be obtained by participants where no
  2 16 purchase or payment is required to enter or win.  In all other
  2 17 cases, a consideration shall be deemed to have been paid or
  2 18 furnished only in such cases where as a direct or indirect
  2 19 requirement or condition of obtaining a chance to win a prize,
  2 20 the one or more prizes, some or all participants are required
  2 21 to make an expenditure of money or something of monetary value
  2 22 through a purchase, payment of an entry or admission fee, or
  2 23 other payment or the participants are required to make a
  2 24 substantial expenditure of effort; provided, however, that no
  2 25 substantial expenditure of effort shall be deemed to have been
  2 26 expended by any participant solely by reason of the
  2 27 registration of the participant's name, address, and related
  2 28 information, the obtaining of an entry blank or participation
  2 29 sheet, by permitting or taking part in a demonstration of any
  2 30 article or commodity, by making a personal examination of
  2 31 posted lists of prize winners, or by acts of a comparable
  2 32 nature, whether performed or accomplished in person at any
  2 33 store, place of business, or other designated location,
  2 34 through the mails, or by telephone; and further provided, that
  2 35 no participant shall be required to be present in person or by
  3  1 representative at any designated location at the time of the
  3  2 determination of the winner of the prize, and that the winner
  3  3 shall be notified either by the same method used to
  3  4 communicate the offering of the prize or by regular mail.
  3  5    4.  Upon request of the Iowa lottery authority or the
  3  6 division of criminal investigation of the department of public
  3  7 safety, the attorney general shall institute in the name of
  3  8 the state the proper proceedings against a person charged in
  3  9 such request with violating this section, and a county
  3 10 attorney may, at the request of the attorney general, appear
  3 11 and prosecute an action when brought in the county attorney's
  3 12 county.
  3 13 HF 645
  3 14 ec:nh/es/25