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House Study Bill 265 - IntroducedA Bill ForAn Act 1relating to the forfeiture and withholding of certain
2gaming winnings and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 99D.7, subsection 23, Code 2021, is
2amended to read as follows:
323. To establish a process to allow a person to be
4voluntarily excluded from advance deposit wagering as defined
5in section 99D.11, from an internet fantasy sports contest as
6defined in section 99E.1, from advance deposit sports wagering
7as defined in section 99F.9, and from the wagering area of
8a racetrack enclosure, from the gaming floor, and from the
9sports wagering area, as defined in section 99F.1, of all
10other licensed facilities under this chapter and chapter 99F
11as provided in this subsection. The process shall provide
12that an initial request by a person to be voluntarily excluded
13shall be for a period of five years or life and any subsequent
14request following any five-year period shall be for a period of
15five years or life. The process established shall require that
16licensees be provided electronic access to names and social
17security numbers of persons voluntarily excluded through a
18secured interactive internet site maintained by the commission
19and information regarding persons voluntarily excluded shall
20be disseminated to all licensees under this chapter, chapter
2199E, and chapter 99F. The names, social security numbers, and
22information regarding persons voluntarily excluded shall be
23kept confidential unless otherwise ordered by a court or by
24another person duly authorized to release such information.
25The process established shall also require a person requesting
26to be voluntarily excluded be provided information compiled
27by the Iowa department of public health on gambling treatment
28options. The state and any licensee under this chapter,
29chapter 99E, or chapter 99F shall not be liable to any person
30for any claim which may arise from this process. In addition
31to any other penalty provided by law, any money or thing of
32value that has been obtained by, or is owed to, a voluntarily
33excluded person as a result of wagers made by the person after
34the person has been voluntarily excluded shall be forfeited
35by the person and shall be credited to the general fund of
-1-1the state. The state and any licensee under this chapter,
2chapter 99D, or chapter 99E shall not be liable to any person
3or state for any claim, action, or inaction which may arise
4from processes described in this subsection, and any licensee
5under this chapter, chapter 99D, or chapter 99E shall not be
6responsible for payment to the state of any money or thing of
7value paid to a voluntarily excluded person.
8 Sec. 2. Section 99D.24, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 2A. A person who has been voluntarily
11excluded pursuant to section 99D.7, subsection 23, who refuses
12to forfeit money or a thing of value obtained as a result of
13wagers made by the person after the person has been voluntarily
14excluded is guilty of a simple misdemeanor and shall pay
15restitution to the state in an amount equivalent to the money
16or thing of value obtained.
17 Sec. 3. Section 99D.28, subsection 2, Code 2021, is amended
18to read as follows:
192. The licensee is authorized and directed to withhold
20any winnings of a debtor which are paid out directly by the
21licensee subject to the lien created by this section and
22provide notice of such withholding to the winner when the
23winner appears and claims winnings in person. The licensee may
24retain an amount equal to the lesser of five percent of the
25amount withheld or one hundred dollars, and then shall pay the
26remaining funds over to the collection entity which administers
27the setoff program pursuant to section 8A.504.
28 Sec. 4. Section 99F.4, subsection 22, Code 2021, is amended
29to read as follows:
3022. To establish a process to allow a person to be
31voluntarily excluded from advance deposit wagering as defined
32in section 99D.11, from an internet fantasy sports contest
33as defined in section 99E.1, from advance deposit sports
34wagering as defined in section 99F.9, from the gaming floor
35and sports wagering area of an excursion gambling boat, from
-2-1the wagering area, as defined in section 99D.2, and from the
2gaming floor and sports wagering area of all other licensed
3facilities under this chapter and chapter 99D as provided in
4this subsection. The process shall provide that an initial
5request by a person to be voluntarily excluded shall be for
6a period of five years or life and any subsequent request
7following any five-year period shall be for a period of five
8years or life. The process established shall require that
9licensees be provided electronic access to names and social
10security numbers of persons voluntarily excluded through a
11secured interactive internet site maintained by the commission
12and information regarding persons voluntarily excluded shall
13be disseminated to all licensees under this chapter, chapter
1499D, and chapter 99E. The names, social security numbers, and
15information regarding persons voluntarily excluded shall be
16kept confidential unless otherwise ordered by a court or by
17another person duly authorized to release such information.
18The process established shall also require a person requesting
19to be voluntarily excluded be provided information compiled
20by the Iowa department of public health on gambling treatment
21options. The state and any licensee under this chapter,
22chapter 99D, or chapter 99E shall not be liable to any person
23for any claim which may arise from this process. In addition
24to any other penalty provided by law, any money or thing of
25value that has been obtained by, or is owed to, a voluntarily
26excluded person as a result of wagers made by the person after
27the person has been voluntarily excluded shall be forfeited
28by the person and shall be credited to the general fund of
29the state. The state and any licensee under this chapter,
30chapter 99D, or chapter 99E shall not be liable to any person
31or state for any claim, action, or inaction which may arise
32from processes described in this subsection, and any licensee
33under this chapter, chapter 99D, or chapter 99E shall not be
34responsible for payment to the state of any money or thing of
35value paid to a voluntarily excluded person.
-3-1 Sec. 5. Section 99F.15, Code 2021, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 2A. A person who has been voluntarily
4excluded pursuant to section 99F.4, subsection 22, who refuses
5to forfeit money or a thing of value obtained as a result of
6wagers made by the person after the person has been voluntarily
7excluded is guilty of a simple misdemeanor and shall pay
8restitution to the state in an amount equivalent to the money
9or thing of value obtained.
10 Sec. 6. Section 99F.19, subsection 2, Code 2021, is amended
11to read as follows:
122. The licensee is authorized and directed to withhold
13any winnings of a debtor which are paid out directly by the
14licensee subject to the lien created by this section and
15provide notice of such withholding to the winner when the
16winner appears and claims winnings in person. The licensee may
17retain an amount equal to the lesser of five percent of the
18amount withheld or one hundred dollars, and then shall pay the
19remaining funds over to the collection entity which administers
20the setoff program pursuant to section 8A.504.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the forfeiture and withholding of
25certain gaming winnings.
26The bill prevents the state and entities licensed by the
27state racing and gaming commission from being held liable for
28any claim, action, or inaction which may arise from processes
29related to a person voluntarily excluded from pari-mutuel
30wagering, advance deposit wagering, internet fantasy sports
31contests, advance deposit sports wagering, gaming floors and
32sports wagering areas of an excursion gambling boat, wagering
33areas, and gaming floors and sports wagering areas.
34The bill releases entities licensed by the state racing and
35gaming commission from any responsibility to pay the state any
-4-1money or thing of value that was paid to a voluntarily excluded
2person.
3The bill makes it a simple misdemeanor for a voluntarily
4excluded person to refuse to forfeit money or a thing of value
5obtained as a result of wagers made by the person after the
6person has been voluntarily excluded, and directs that a court
7of jurisdiction shall order the voluntarily excluded person
8to pay an amount equivalent to the obtained money or thing of
9value to the state general fund.
10The bill allows entities licensed by the state racing and
11gaming commission to retain an amount equal to the lesser
12of 5 percent or $100 of winnings withheld from a collection
13entity debtor. A “collection entity” means the department
14of administrative services and any other public agency that
15maintains a separate accounting system and elects to establish
16a debt collection setoff procedure for the collection of debts
17owed to the public agency.
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2gaming winnings and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 99D.7, subsection 23, Code 2021, is
2amended to read as follows:
323. To establish a process to allow a person to be
4voluntarily excluded from advance deposit wagering as defined
5in section 99D.11, from an internet fantasy sports contest as
6defined in section 99E.1, from advance deposit sports wagering
7as defined in section 99F.9, and from the wagering area of
8a racetrack enclosure, from the gaming floor, and from the
9sports wagering area, as defined in section 99F.1, of all
10other licensed facilities under this chapter and chapter 99F
11as provided in this subsection. The process shall provide
12that an initial request by a person to be voluntarily excluded
13shall be for a period of five years or life and any subsequent
14request following any five-year period shall be for a period of
15five years or life. The process established shall require that
16licensees be provided electronic access to names and social
17security numbers of persons voluntarily excluded through a
18secured interactive internet site maintained by the commission
19and information regarding persons voluntarily excluded shall
20be disseminated to all licensees under this chapter, chapter
2199E, and chapter 99F. The names, social security numbers, and
22information regarding persons voluntarily excluded shall be
23kept confidential unless otherwise ordered by a court or by
24another person duly authorized to release such information.
25The process established shall also require a person requesting
26to be voluntarily excluded be provided information compiled
27by the Iowa department of public health on gambling treatment
28options. The state and any licensee under this chapter,
29chapter 99E, or chapter 99F shall not be liable to any person
30for any claim which may arise from this process. In addition
31to any other penalty provided by law, any money or thing of
32value that has been obtained by, or is owed to, a voluntarily
33excluded person as a result of wagers made by the person after
34the person has been voluntarily excluded shall be forfeited
35by the person and shall be credited to the general fund of
-1-1the state. The state and any licensee under this chapter,
2chapter 99D, or chapter 99E shall not be liable to any person
3or state for any claim, action, or inaction which may arise
4from processes described in this subsection, and any licensee
5under this chapter, chapter 99D, or chapter 99E shall not be
6responsible for payment to the state of any money or thing of
7value paid to a voluntarily excluded person.
8 Sec. 2. Section 99D.24, Code 2021, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 2A. A person who has been voluntarily
11excluded pursuant to section 99D.7, subsection 23, who refuses
12to forfeit money or a thing of value obtained as a result of
13wagers made by the person after the person has been voluntarily
14excluded is guilty of a simple misdemeanor and shall pay
15restitution to the state in an amount equivalent to the money
16or thing of value obtained.
17 Sec. 3. Section 99D.28, subsection 2, Code 2021, is amended
18to read as follows:
192. The licensee is authorized and directed to withhold
20any winnings of a debtor which are paid out directly by the
21licensee subject to the lien created by this section and
22provide notice of such withholding to the winner when the
23winner appears and claims winnings in person. The licensee may
24retain an amount equal to the lesser of five percent of the
25amount withheld or one hundred dollars, and then shall pay the
26remaining funds over to the collection entity which administers
27the setoff program pursuant to section 8A.504.
28 Sec. 4. Section 99F.4, subsection 22, Code 2021, is amended
29to read as follows:
3022. To establish a process to allow a person to be
31voluntarily excluded from advance deposit wagering as defined
32in section 99D.11, from an internet fantasy sports contest
33as defined in section 99E.1, from advance deposit sports
34wagering as defined in section 99F.9, from the gaming floor
35and sports wagering area of an excursion gambling boat, from
-2-1the wagering area, as defined in section 99D.2, and from the
2gaming floor and sports wagering area of all other licensed
3facilities under this chapter and chapter 99D as provided in
4this subsection. The process shall provide that an initial
5request by a person to be voluntarily excluded shall be for
6a period of five years or life and any subsequent request
7following any five-year period shall be for a period of five
8years or life. The process established shall require that
9licensees be provided electronic access to names and social
10security numbers of persons voluntarily excluded through a
11secured interactive internet site maintained by the commission
12and information regarding persons voluntarily excluded shall
13be disseminated to all licensees under this chapter, chapter
1499D, and chapter 99E. The names, social security numbers, and
15information regarding persons voluntarily excluded shall be
16kept confidential unless otherwise ordered by a court or by
17another person duly authorized to release such information.
18The process established shall also require a person requesting
19to be voluntarily excluded be provided information compiled
20by the Iowa department of public health on gambling treatment
21options. The state and any licensee under this chapter,
22chapter 99D, or chapter 99E shall not be liable to any person
23for any claim which may arise from this process. In addition
24to any other penalty provided by law, any money or thing of
25value that has been obtained by, or is owed to, a voluntarily
26excluded person as a result of wagers made by the person after
27the person has been voluntarily excluded shall be forfeited
28by the person and shall be credited to the general fund of
29the state. The state and any licensee under this chapter,
30chapter 99D, or chapter 99E shall not be liable to any person
31or state for any claim, action, or inaction which may arise
32from processes described in this subsection, and any licensee
33under this chapter, chapter 99D, or chapter 99E shall not be
34responsible for payment to the state of any money or thing of
35value paid to a voluntarily excluded person.
-3-1 Sec. 5. Section 99F.15, Code 2021, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 2A. A person who has been voluntarily
4excluded pursuant to section 99F.4, subsection 22, who refuses
5to forfeit money or a thing of value obtained as a result of
6wagers made by the person after the person has been voluntarily
7excluded is guilty of a simple misdemeanor and shall pay
8restitution to the state in an amount equivalent to the money
9or thing of value obtained.
10 Sec. 6. Section 99F.19, subsection 2, Code 2021, is amended
11to read as follows:
122. The licensee is authorized and directed to withhold
13any winnings of a debtor which are paid out directly by the
14licensee subject to the lien created by this section and
15provide notice of such withholding to the winner when the
16winner appears and claims winnings in person. The licensee may
17retain an amount equal to the lesser of five percent of the
18amount withheld or one hundred dollars, and then shall pay the
19remaining funds over to the collection entity which administers
20the setoff program pursuant to section 8A.504.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the forfeiture and withholding of
25certain gaming winnings.
26The bill prevents the state and entities licensed by the
27state racing and gaming commission from being held liable for
28any claim, action, or inaction which may arise from processes
29related to a person voluntarily excluded from pari-mutuel
30wagering, advance deposit wagering, internet fantasy sports
31contests, advance deposit sports wagering, gaming floors and
32sports wagering areas of an excursion gambling boat, wagering
33areas, and gaming floors and sports wagering areas.
34The bill releases entities licensed by the state racing and
35gaming commission from any responsibility to pay the state any
-4-1money or thing of value that was paid to a voluntarily excluded
2person.
3The bill makes it a simple misdemeanor for a voluntarily
4excluded person to refuse to forfeit money or a thing of value
5obtained as a result of wagers made by the person after the
6person has been voluntarily excluded, and directs that a court
7of jurisdiction shall order the voluntarily excluded person
8to pay an amount equivalent to the obtained money or thing of
9value to the state general fund.
10The bill allows entities licensed by the state racing and
11gaming commission to retain an amount equal to the lesser
12of 5 percent or $100 of winnings withheld from a collection
13entity debtor. A “collection entity” means the department
14of administrative services and any other public agency that
15maintains a separate accounting system and elects to establish
16a debt collection setoff procedure for the collection of debts
17owed to the public agency.
-5-dg/rn