Bill Text: IA HSB552 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to gambling regulation and enforcement activities of the division of criminal investigation of the department of public safety.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-21 - Committee report, recommending amendment and passage. H.J. 330. [HSB552 Detail]
Download: Iowa-2019-HSB552-Introduced.html
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:
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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
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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
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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
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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
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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.
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