Bill Text: IA HF648 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to sports gambling and wagering, by providing for fantasy sports contests and sports betting, providing for taxes and fees, making penalties applicable, and including implementation and effective date provisions. (Formerly HSB 198; See HF 748.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-22 - Withdrawn. H.J. 945. [HF648 Detail]

Download: Iowa-2019-HF648-Introduced.html

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House File 648 - Introduced
HOUSE FILE 648
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 198)
A BILL FOR
An Act relating to sports gambling and wagering, by providing
for fantasy sports contests and sports betting, providing
for taxes and fees, making penalties applicable, and
including implementation and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
LICENSED SPORTS BETTING
Section 1. Section 99D.7, subsection 23, Code 2019, is
amended to read as follows:
23. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest as
defined in section 99E.1, from advance deposit sports betting
wagering as defined in section 99F.9, from the wagering area
of a racetrack enclosure and from the gaming floor and sports
betting wagering area , as defined in section 99F.1 , of all
other licensed facilities under this chapter and chapter 99F
as provided in this subsection . The process shall provide
that an initial request by a person to be voluntarily excluded
shall be for a period of five years or life and any subsequent
request following any five-year period shall be for a period
of five years or life. The process established shall require
that licensees be provided electronic access to names and
social security numbers of persons voluntarily excluded
through a secured interactive internet site maintained by
the commission and information regarding persons voluntarily
excluded shall be disseminated to all licensees under this
chapter and chapter 99F . The names, social security numbers,
and information regarding persons voluntarily excluded shall
be kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health on gambling treatment
options. The state and any licensee under this chapter or
chapter 99F shall not be liable to any person for any claim
which may arise from this process. In addition to any other
penalty provided by law, any money or thing of value that has
been obtained by, or is owed to, a voluntarily excluded person
as a result of wagers made by the person after the person has
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been voluntarily excluded shall be forfeited by the person and
shall be credited to the general fund of the state.
Sec. 2. Section 99F.1, subsection 1, Code 2019, is amended
to read as follows:
1. “Adjusted gross receipts” means the gross receipts less
winnings paid to wagerers on gambling games . However, “adjusted
gross receipts” does not include promotional play receipts
received after the date in any fiscal year that the commission
determines that the wagering tax imposed pursuant to section
99F.11 on all licensees in that fiscal year on promotional
play receipts exceeds twenty-five million eight hundred twenty
thousand dollars.
Sec. 3. Section 99F.1, Code 2019, is amended by adding the
following new subsections:
NEW SUBSECTION . 2A. “Authorized sporting event” means a
professional sporting event, a collegiate sporting event, or an
international team or individual sporting event governed by the
international olympic committee in which no participant in the
sporting event is under eighteen years of age.
NEW SUBSECTION . 23. “Sports betting” means the acceptance
of wagers on an authorized sporting event by any system of
wagering as authorized by the commission. “Sports betting”
does not include wagering on a race as defined in section 99D.2
or entering an internet fantasy sports contest as defined in
section 99E.1.
NEW SUBSECTION . 24. “Sports betting net receipts” means
the gross receipts less winnings paid to wagerers on sports
betting.
NEW SUBSECTION . 25. “Sports betting wagering area” means an
area, as designated by the commission, in which sports betting
is conducted.
Sec. 4. Section 99F.1, subsection 17, Code 2019, is amended
to read as follows:
17. “Licensee” means any person licensed under section 99F.7
or 99F.7A .
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Sec. 5. Section 99F.3, Code 2019, is amended to read as
follows:
99F.3 Gambling games and sports betting authorized.
The system of wagering on a gambling game and sports betting
as provided by this chapter is legal, when conducted on an
excursion gambling boat, gambling structure, or racetrack
enclosure at authorized locations by a licensee as provided in
this chapter .
Sec. 6. Section 99F.4, subsections 3 and 22, Code 2019, are
amended to read as follows:
3. To adopt standards under which all excursion gambling
boat operations shall be held and standards for the facilities
within which the gambling operations are to be held. The
commission may authorize the operation of gambling games on an
excursion gambling boat and sports betting in a sports betting
wagering area which is also licensed to sell or serve alcoholic
beverages, wine, or beer as defined in section 123.3 .
22. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest as
defined in section 99E.1, from advance deposit sports betting
wagering as defined in section 99F.9, from the gaming floor
and sports betting wagering area of an excursion gambling
boat, from the wagering area, as defined in section 99D.2 ,
and from the gaming floor and sports betting wagering area
of all other licensed facilities under this chapter and
chapter 99D as provided in this subsection . The process shall
provide that an initial request by a person to be voluntarily
excluded shall be for a period of five years or life and any
subsequent request following any five-year period shall be for
a period of five years or life. The process established shall
require that licensees be provided electronic access to names
and social security numbers of persons voluntarily excluded
through a secured interactive internet site maintained by
the commission and information regarding persons voluntarily
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excluded shall be disseminated to all licensees under this
chapter and chapter 99D . The names, social security numbers,
and information regarding persons voluntarily excluded shall
be kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health on gambling treatment
options. The state and any licensee under this chapter or
chapter 99D shall not be liable to any person for any claim
which may arise from this process. In addition to any other
penalty provided by law, any money or thing of value that has
been obtained by, or is owed to, a voluntarily excluded person
as a result of wagers made by the person after the person has
been voluntarily excluded shall be forfeited by the person and
shall be credited to the general fund of the state.
Sec. 7. Section 99F.4, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 27. To adopt standards under which all
sports betting is conducted, including the scope and type of
wagers allowed, to identify occupations within sports betting
which require licensing, and to adopt standards for licensing
and background qualifications for occupations including
establishing fees for the occupational license. In considering
standards regarding the scope and type of wagers allowed for
sports betting, the commission shall consult with interested
professional and collegiate sports leagues and, if interested,
the international olympic committee. All revenue received by
the commission under this chapter from license fees shall be
deposited in the general fund of the state and shall be subject
to the requirements of section 8.60. All revenue received by
the commission from regulatory fees shall be deposited into the
gaming regulatory revolving fund established in section 99F.20.
Sec. 8. NEW SECTION . 99F.7A Sports betting —— license ——
terms and conditions —— fees.
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1. The commission shall, upon payment of an initial
license fee of fifteen thousand dollars and submission of an
application to the commission consistent with the requirements
of section 99F.6, issue a license to conduct sports betting
to a licensee authorized to conduct gambling games at a
pari-mutuel racetrack enclosure or a licensee authorized to
operate an excursion gambling boat or gambling structure,
subject to the requirements of this chapter. The annual
renewal fee for a license to conduct sports betting shall be
fifteen thousand dollars.
2. A licensee under this section shall do all of the
following:
a. Include on the internet site or mobile application used
by the licensee to conduct advance deposit sports betting
wagering as authorized in section 99F.9 the statewide telephone
number authorized by the Iowa department of public health to
provide problem gambling information and extensive responsible
gaming features in addition to those described in section
99F.4, subsection 22.
b. Establish, subject to commission approval, sports betting
wagering rules that specify the amounts to be paid on winning
sports betting wagers, the effect of changes in the scheduling
of an authorized sporting event subject to sports betting, and
the source of the information used to determine the outcome
of a sports betting wager. The sports betting wagering rules
shall be displayed in the licensee’s sports betting wagering
area, posted on the internet site or mobile application used by
the licensee to conduct advance deposit sports betting wagering
as authorized in section 99F.9, and included in the terms and
conditions of the licensee’s advance deposit account sports
betting wagering system.
3. A licensee issued a license to conduct sports betting
under this section shall employ commercially reasonable steps
to prohibit coaches, athletic trainers, officials, players, or
other individuals who participate in an authorized sporting
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event that is the subject of sports betting from sports betting
under this chapter. In addition, a licensee shall employ
commercially reasonable steps to prohibit persons who are
employed in a position with direct involvement with coaches,
players, athletic trainers, officials, players, or participants
in an authorized sporting event that is the subject of sports
betting from sports betting under this chapter.
Sec. 9. Section 99F.8, Code 2019, is amended to read as
follows:
99F.8 Bond of licensee.
A licensee licensed under section 99F.7 shall post a bond
to the state of Iowa before the license is issued in a sum
as the commission shall fix, with sureties to be approved by
the commission. The bond shall be used to guarantee that the
licensee faithfully makes the payments, keeps its books and
records and makes reports, and conducts its gambling games and
sports betting in conformity with this chapter and the rules
adopted by the commission. The bond shall not be canceled by
a surety on less than thirty days’ notice in writing to the
commission. If a bond is canceled and the licensee fails to
file a new bond with the commission in the required amount on
or before the effective date of cancellation, the licensee’s
license shall be revoked. The total and aggregate liability
of the surety on the bond is limited to the amount specified in
the bond.
Sec. 10. Section 99F.9, subsection 1, Code 2019, is amended
to read as follows:
1. Except as permitted in this section , the licensee
shall not permit no sports betting or any form of wagering on
gambling games.
Sec. 11. Section 99F.9, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. a. For the purposes of this section,
unless the context otherwise requires:
(1) “Advance deposit sports betting wagering” means a method
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of sports betting in which an eligible individual may, in an
account established with a licensee under section 99F.7A,
deposit moneys into the account and use the account balance to
pay for sports betting.
(2) “Advance deposit sports betting wagering operator” means
an advance deposit sports betting wagering operator licensed
by the commission who has entered into an agreement with a
licensee under section 99F.7A to provide advance deposit sports
betting wagering.
(3) “Eligible individual” means an individual who is at
least twenty-one years of age or older who is located within
this state.
b. The commission may authorize a licensee under section
99F.7A to conduct advance deposit sports betting wagering. An
advance deposit sports betting wager may be placed in person
in the sports wagering area, or from any other location via
a telephone-type device or any other electronic means. The
commission may also issue an advance deposit sports betting
wagering operator license to an entity who complies with this
subsection and section 99F.6 and may require the advance
deposit sports wagering operator to conduct an audit consistent
with the requirements of section 99F.13.
c. An unlicensed person taking or receiving sports betting
wagers from residents of this state is guilty of a class “D”
felony.
Sec. 12. Section 99F.9, subsection 4, Code 2019, is amended
to read as follows:
4. A person under the age of twenty-one years shall not make
or attempt to make a wager pursuant to subsection 3A or on an
excursion gambling boat, gambling structure, or in a racetrack
enclosure and shall not be allowed on the gaming floor of
an excursion gambling boat or gambling structure or in the
wagering area, as defined in section 99D.2 , or on the gaming
floor of a racetrack enclosure. However, a person eighteen
years of age or older may be employed to work on the gaming
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floor of an excursion gambling boat or gambling structure or
in the wagering area or on the gaming floor of a racetrack
enclosure. A person who violates this subsection with respect
to making or attempting to make a wager commits a scheduled
violation under section 805.8C, subsection 5 , paragraph “a” .
Sec. 13. Section 99F.11, subsection 3, unnumbered paragraph
1, Code 2019, is amended to read as follows:
The taxes imposed by this section on adjusted gross receipts
from gambling games authorized under this chapter shall be paid
by the licensee to the treasurer of state within ten days after
the close of the day when the wagers were made and shall be
distributed as follows:
Sec. 14. Section 99F.11, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 4. A tax is imposed on the sports betting
net receipts received each fiscal year by a licensed operator
from sports betting authorized under this chapter at the rate
of six and three-quarters percent. The taxes imposed by this
subsection for sports betting authorized under this chapter
shall be paid by the licensed operator to the treasurer of
state as determined by the commission and shall be credited as
provided in section 8.57, subsection 5.
Sec. 15. Section 99F.12, subsection 2, Code 2019, is amended
to read as follows:
2. a. The licensee shall furnish to the commission reports
and information as the commission may require with respect to
the licensee’s activities.
b. A licensee under section 99F.7A shall promptly report
to the commission any criminal or disciplinary proceedings
commenced against the licensee or its employees in connection
with the licensee conducting sports betting including advance
deposit sports betting wagering, any abnormal wagering activity
or patterns that may indicate a concern about the integrity
of an authorized sporting event or events, and any other
conduct with the potential to corrupt a wagering outcome of
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an authorized sporting event for purposes of financial gain,
including but not limited to match fixing, and suspicious or
illegal wagering activities, including the use of funds derived
from illegal activity, wagers to conceal or launder funds
derived from illegal activity, use of agents to place wagers,
or use of false identification. The commission is required to
share any information received pursuant to this paragraph with
any law enforcement entity, sports team, sports governing body,
or regulatory agency the commission deems appropriate.
c. The gross receipts and adjusted gross receipts from
gambling shall be separately handled and accounted for from
all other moneys received from operation of an excursion
gambling boat or from operation of a racetrack enclosure or
gambling structure licensed to conduct gambling games. The
commission may designate a representative to board a licensed
excursion gambling boat or to enter a racetrack enclosure or
gambling structure licensed to conduct gambling games. The
representative shall have full access to all places within the
enclosure of the boat, the gambling structure, or the racetrack
enclosure and shall directly supervise the handling and
accounting of all gross receipts and adjusted gross receipts
from gambling. The representative shall supervise and check
the admissions. The compensation of a representative shall be
fixed by the commission but shall be paid by the licensee.
Sec. 16. Section 99F.15, subsection 1, paragraph c, Code
2019, is amended to read as follows:
c. Acting, or employing a person to act, as a shill or
decoy to encourage participation in a gambling game or sports
betting .
Sec. 17. Section 99F.15, subsection 4, paragraphs d, h, and
i, Code 2019, are amended to read as follows:
d. Cheats at a gambling game, including but not limited to
committing any act which alters the outcome of the game , or
cheats at sports betting .
h. Claims, collects, or takes, or attempts to claim,
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collect, or take, money or anything of value in or from the
gambling games or sports betting , with intent to defraud,
without having made a wager contingent on winning a gambling
game or sports betting wager , or claims, collects, or takes an
amount of money or thing of value of greater value than the
amount won.
i. Knowingly entices or induces a person to go to any place
where a gambling game or sports betting is being conducted or
operated in violation of the provisions of this chapter with
the intent that the other person plays or participates in that
gambling game or sports betting .
Sec. 18. Section 99F.20, subsection 1, Code 2019, is amended
to read as follows:
1. A gaming regulatory revolving fund is created in
the state treasury under the control of the department of
inspections and appeals. The fund shall consist of fees
collected and deposited into the fund paid by licensees
pursuant to section 99D.14, subsection 2 , paragraph “c” , fees
paid by licensees pursuant to section 99E.5, subsection 5,
paragraph “c” , regulatory fees paid by licensees pursuant
to section 99F.4, subsection 27, and fees paid by licensees
pursuant to section 99F.10, subsection 4 , paragraph “c” . All
costs relating to racetrack, excursion boat, and gambling
structure regulation shall be paid from the fund as provided in
appropriations made for this purpose by the general assembly.
The department shall provide quarterly reports to the
department of management and the legislative services agency
specifying revenues billed and collected and expenditures
from the fund in a format as determined by the department
of management in consultation with the legislative services
agency.
Sec. 19. EMERGENCY RULES. The state racing and gaming
commission created under section 99D.5 may adopt emergency
rules under section 17A.4, subsection 3, and section 17A.5,
subsection 2, paragraph “b”, to implement the provisions of
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this division of this Act and the rules shall be effective
immediately upon filing unless a later date is specified in the
rules. Any rules adopted in accordance with this section shall
also be published as a notice of intended action as provided
in section 17A.4.
Sec. 20. IMPLEMENTATION. The racing and gaming commission
shall not implement this division of this Act until the date
the commission has adopted rules pursuant to chapter 17A
providing for such implementation and such rules have become
effective.
Sec. 21. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION II
INTERNET FANTASY SPORTS CONTESTS
Sec. 22. Section 80.25A, Code 2019, is amended to read as
follows:
80.25A Pari-mutuel and gambling game Gaming operations ——
investigation and enforcement.
The commissioner of public safety shall direct the chief
of the division of criminal investigation to establish a
subdivision to be the primary criminal investigative and
enforcement agency for the purpose of enforcement of chapters
99D , 99E, and 99F . The commissioner of public safety shall
appoint or assign other agents to the division as necessary to
enforce chapters 99D , 99E, and 99F . All enforcement officers,
assistants, and agents of the division are subject to section
80.15 except clerical workers.
Sec. 23. NEW SECTION . 99E.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Applicant” means an internet fantasy sports contest
service provider applying for a license to conduct internet
fantasy sports contests under this chapter.
2. “Commission” means the state racing and gaming commission
created under section 99D.5.
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3. “Fantasy sports contest” includes any fantasy or
simulated game or contest in which the fantasy sports contest
operator is not a participant in the game or contest, the value
of all prizes and awards offered to winning participants are
established and made known to the participants in advance
of the contest, all winning outcomes reflect the relative
knowledge and skill of the participants and shall be determined
by accumulated statistical results of the performance of
individuals, including athletes in the case of sporting events,
and no winning outcome is based on the score, point spread, or
any performance or performances of any single actual team or
solely on any single performance of an individual athlete or
player in any single actual event.
4. “Internet fantasy sports contest” means a method of
entering a fantasy sports contest by which a person may
establish an account with an internet fantasy sports contest
service provider, deposit money into the account, and use
the account balance for entering a fantasy sports contest by
utilizing electronic communication.
5. “Internet fantasy sports contest adjusted revenues” means,
for each internet fantasy sports contest, the amount equal to
the total charges and fees collected from all participants
entering the internet fantasy sports contest less winnings paid
to participants in the contest, multiplied by the location
percentage.
6. “Internet fantasy sports contest player” means a person
who is at least twenty-one years of age and participates in an
internet fantasy sports contest operated by an internet fantasy
sports contest service provider.
7. “Internet fantasy sports contest service provider” means
a person, including a licensee under chapter 99D or 99F, who
conducts an internet fantasy sports contest as authorized by
this chapter.
8. “Licensee” means any person licensed under section 99E.5
to conduct internet fantasy sports contests.
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9. “Location percentage” means, for each internet fantasy
sports contest, the percentage, rounded to the nearest tenth of
a percent, equal to the total charges and fees collected from
all internet fantasy sports contest players located in this
state divided by the total charges and fees collected from all
participants in the internet fantasy sports contest.
Sec. 24. NEW SECTION . 99E.2 Internet fantasy sports
contests authorized.
The system of entering an internet fantasy sports contest as
provided by this chapter is legal when conducted by a licensed
internet fantasy sports contest service provider as provided in
this chapter.
Sec. 25. NEW SECTION . 99E.3 Commission —— powers.
1. The commission shall have full jurisdiction over and
shall supervise internet fantasy sports contests and internet
fantasy sports contest service providers as governed by this
chapter.
2. The commission shall have the following powers and shall
adopt rules pursuant to chapter 17A to administer and implement
this chapter:
a. To review and investigate applicants and determine the
eligibility of applicants for a license to conduct internet
fantasy sports contests, pursuant to rules adopted by the
commission.
b. To license and regulate internet fantasy sports contest
service providers subject to the requirements of this chapter.
c. To provide for the prevention of practices detrimental to
the public and to provide for the best interests of internet
fantasy sports contests.
d. To investigate alleged violations of this chapter
or the commission rules, orders, or final decisions and to
take appropriate disciplinary action against a licensee, or
institute appropriate legal action for enforcement, or both.
Information gathered during an investigation is confidential
during the pendency of the investigation.
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e. To assess fines and revoke or suspend licenses and to
impose penalties for violations of this chapter.
f. To take any other action as may be reasonable or
appropriate to enforce this chapter and the commission rules.
Sec. 26. NEW SECTION . 99E.4 Requirements of applicant ——
fee.
1. An applicant for a license to conduct internet fantasy
sports contests shall complete and sign an application on
the form prescribed and published by the commission. The
application shall include such information of the applicant
that the commission deems necessary for purposes of issuing a
license pursuant to this chapter.
2. An applicant shall submit fingerprints and information
that the commission deems necessary to the commission in the
manner prescribed on the application forms. The fingerprints
may be submitted to the federal bureau of investigation by
the department of public safety through the state criminal
history repository for the purpose of a national criminal
history check. The results of a criminal history record check
conducted pursuant to this subsection shall be considered a
confidential record under chapter 22.
3. Before a license is granted, the division of criminal
investigation of the department of public safety shall conduct
a thorough background investigation of the applicant for a
license to conduct internet fantasy sports contests. The
applicant shall provide information on a form as required by
the division of criminal investigation.
4. The commission shall charge the applicant a reasonable
fee set by the division of criminal investigation of the
department of public safety, to defray those costs associated
with the fingerprint and national criminal history check
requirements of subsection 2 and background investigations
conducted by agents of the division of criminal investigation
as provided in subsection 3. These fees and costs are in
addition to any other license fees and costs charged by the
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commission.
5. The commission shall not grant a license to an applicant
if there is substantial evidence that any of the following
apply:
a. A license issued to the applicant to conduct internet
fantasy sports contests in another jurisdiction has been
revoked, or a request for a license to conduct internet fantasy
sports contests in another jurisdiction has been denied, by
an entity licensing persons to conduct such contests in that
jurisdiction.
b. The applicant has not demonstrated financial
responsibility sufficient to adequately meet the requirements
of the enterprise proposed.
c. The applicant does not adequately disclose the true
owners of the enterprise proposed.
d. The applicant has knowingly made a false statement of a
material fact to the commission.
e. The applicant has failed to meet a monetary obligation in
connection with conducting an internet fantasy sports contest.
f. The applicant is not of good repute and moral character
or the applicant has pled guilty to, or has been convicted of,
a felony.
g. Any member of the board of directors of the applicant is
not twenty-one years of age or older.
6. A person who knowingly makes a false statement on the
application is guilty of an aggravated misdemeanor.
7. For the purposes of this section, “applicant” includes
each member of the board of directors of an internet fantasy
sports contest service provider.
Sec. 27. NEW SECTION . 99E.5 Licenses —— fees —— terms and
conditions —— revocation.
1. If the commission is satisfied that the requirements
of this chapter and its rules adopted under this chapter
applicable to licensees have been or will be complied with, the
commission shall, upon payment of an initial annual license
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fee of five thousand dollars, issue a license for a period of
not more than three years to an applicant to conduct internet
fantasy sports contests in this state.
2. A licensee under this section shall establish, subject to
commission approval, internet fantasy sports contest rules that
specify the prizes and awards offered to winning participants
in an internet fantasy sports contest, the effect of changes
in the scheduling of an event subject to an internet fantasy
sports contest, and the source of the information used to
determine the outcome of an internet fantasy sports contest.
The internet fantasy sports contest rules shall be displayed on
the internet site or mobile application used by the licensee
to conduct internet fantasy sports contests and included in
the terms and conditions of the licensee’s system to conduct
internet fantasy sports contests.
3. A licensed internet fantasy sports contest service
provider shall use commercially reasonable methods to comply
with all of the following requirements:
a. Prevent employees of the internet fantasy sports contest
service provider and relatives living in the same household of
such employees from competing in any internet fantasy sports
contest on the service provider’s digital platform in which the
service provider offers a cash prize to the public.
b. Verify that an internet fantasy sports contest player
located in this state is twenty-one years of age or older.
c. Ensure that coaches, officials, players, contestants,
or other individuals who participate in a game or contest
that is the subject of an internet fantasy sports contest are
restricted from entering an internet fantasy sports contest in
which the outcome is determined, in whole or in part, by the
accumulated statistical results of a team of individuals in the
game or contest in which they participate.
d. Allow individuals to restrict themselves from entering
an internet fantasy sports contest conducted by the internet
fantasy sports contest service provider upon request and take
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reasonable steps to prevent those individuals from entering
any internet fantasy sports contests conducted by the internet
fantasy sports contest service provider.
e. Allow individuals to establish an account with an
internet fantasy sports contest service provider by utilizing
electronic communication.
f. Disclose the number of entries a single internet fantasy
sports contest player may submit to each internet fantasy
sports contest and take reasonable steps to prevent players
from submitting more than the allowable number of entries for
that internet fantasy sports contest.
g. Segregate internet fantasy sports contest player funds
from operational funds or maintain a reserve in the form of
cash, cash equivalents, an irrevocable letter of credit,
payment processor reserves and receivables, a bond, or a
combination thereof in the amount of the deposits in internet
fantasy sports contest player accounts for the benefit and
protection of internet fantasy sports contest player funds held
in internet fantasy sports contest accounts by the internet
fantasy sports contest service provider.
h. Conduct an annual audit under section 99E.9.
i. Pay the tax as provided in section 99E.6.
4. The annual renewal fee for a license to conduct internet
fantasy sports contests shall be five thousand dollars. Moneys
collected by the commission from the annual renewal fee for
a license paid under this subsection shall be considered
repayment receipts as defined in section 8.2.
5. a. A licensed internet fantasy sports contest service
provider shall pay a regulatory fee to the commission. The
regulatory fee shall be established by the commission based on
the costs of administering and enforcing this chapter.
b. A licensed internet fantasy sports contest service
provider shall receive a credit for the amount of the
regulatory fee paid by the provider against the taxes to be
paid pursuant to section 99E.6.
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c. Notwithstanding section 8.60, the portion of the fee
paid pursuant to paragraph “a” relating to the costs of the
commission shall be deposited into the gaming regulatory
revolving fund established in section 99F.20.
6. Upon a violation of any of the conditions listed in
section 99E.4 or this section by a licensee, the commission
shall immediately revoke the license.
Sec. 28. NEW SECTION . 99E.6 Internet fantasy sports contest
tax —— rate.
A tax is imposed on internet fantasy sports contest adjusted
revenues received each fiscal year by an internet fantasy
sports contest service provider from internet fantasy sports
contests authorized under this chapter at the rate of six and
three-quarters percent. The taxes imposed by this section
for internet fantasy sports contests authorized under this
chapter shall be paid by the internet fantasy sports contest
service provider to the treasurer of state as determined by the
commission and shall be credited as provided in section 8.57,
subsection 5.
Sec. 29. NEW SECTION . 99E.7 Internet fantasy sports
contests —— age restrictions.
A person under the age of twenty-one years shall not enter an
internet fantasy sports contest. A person who violates this
section with respect to entering an internet fantasy sports
contest commits a scheduled violation under section 805.8C,
subsection 12.
Sec. 30. NEW SECTION . 99E.8 Licensees —— records —— reports
—— confidentiality.
1. An internet fantasy sports contest service provider
shall keep its books and records so as to clearly show the
internet fantasy sports contest adjusted revenues for each
internet fantasy sports contest subject to tax in this state.
2. a. The licensee shall furnish to the commission reports
and information as the commission may require with respect to
the licensee’s activities.
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b. A licensee shall promptly report to the commission any
criminal or disciplinary proceedings commenced against the
licensee or its employees in connection with the licensee
conducting an internet fantasy sports contest, any abnormal
contest activity or patterns that may indicate a concern about
the integrity of an internet fantasy sports contest, and any
other conduct with the potential to corrupt an outcome of an
internet fantasy sports contest for purposes of financial gain,
including but not limited to match fixing, and suspicious or
illegal internet fantasy sports contest activities, including
the use of funds derived from illegal activity, deposits of
money to enter an internet fantasy sports contest to conceal
or launder funds derived from illegal activity, use of agents
to enter an internet fantasy sports contest, or use of false
identification. The commission is authorized to share any
information received pursuant to this paragraph with any law
enforcement entity, sports team, sports governing body, or
regulatory agency the commission deems appropriate.
3. Except as provided in subsection 4, the books and records
kept by a licensee as provided by this section are public
records and the examination, publication, and dissemination of
the books and records are governed by the provisions of chapter
22.
4. The records of the commission shall be governed by the
provisions of chapter 22, provided that, in addition to records
that may be kept confidential pursuant to section 22.7, the
following records provided by a licensee to the commission
shall be kept confidential, unless otherwise ordered by a
court, by the lawful custodian of the records, or by another
person duly authorized to release such information:
a. Patron and customer records.
b. Security reports and network audits.
c. Internal control and compliance records.
d. Employee records.
e. Marketing expenses.
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f. Supplemental schedules to the certified audit, except for
those books and records as described in subsection 1 of this
section, that are obtained by the commission in connection with
the annual audit under section 99E.9.
g. Any information specifically requested for inspection by
the commission or a representative of the commission.
Sec. 31. NEW SECTION . 99E.9 Annual audit of licensee
operations.
Within ninety days after the end of the licensee’s fiscal
year, the licensee shall transmit to the commission an audit
of the licensee’s total gambling operations, including an
itemization of all expenses and subsidies. Each audit shall
be conducted by a certified public accountant authorized to
practice in the state of Iowa under chapter 542 who is selected
by the licensee and approved by the commission.
Sec. 32. NEW SECTION . 99E.10 Civil penalty.
A person who willfully fails to comply with the requirements
of this chapter and the rules adopted pursuant to chapter 17A
under this chapter shall be liable for a civil penalty of
not more than one thousand dollars for each violation, not
to exceed ten thousand dollars for violations arising out of
the same transaction or occurrence, which shall accrue to the
state and may be recovered in a civil action brought by the
commission.
Sec. 33. Section 99F.2, Code 2019, is amended to read as
follows:
99F.2 Scope of provisions.
This chapter does not apply to the pari-mutuel system of
wagering used or intended to be used in connection with the
horse-race or dog-race meetings as authorized under chapter
99D , internet fantasy sports contests authorized under chapter
99E, lottery or lotto games authorized under chapter 99G , or
bingo or games of skill or chance authorized under chapter 99B .
Sec. 34. Section 99F.4B, Code 2019, is amended to read as
follows:
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99F.4B Rules.
The department of inspections and appeals shall cooperate
to the maximum extent possible with the division of criminal
investigation in adopting rules relating to the gaming
operations in this chapter and chapter chapters 99D and 99E .
Sec. 35. Section 232C.4, subsection 3, Code 2019, is amended
to read as follows:
3. An emancipated minor shall remain subject to voting
restrictions under chapter 48A , gambling restrictions under
chapter 99B , 99D , 99F , 99G , or 725 , internet fantasy sports
contest restrictions under chapter 99E, alcohol restrictions
under chapter 123 , compulsory attendance requirements under
chapter 299 , and cigarette tobacco restrictions under chapter
453A .
Sec. 36. Section 714B.10, subsection 1, Code 2019, is
amended to read as follows:
1. Advertising by sponsors registered pursuant to chapter
557B , licensed pursuant to chapter 99B , or regulated pursuant
to chapter 99D , 99E, 99F , or 99G .
Sec. 37. Section 725.15, Code 2019, is amended to read as
follows:
725.15 Exceptions for legal gambling.
Sections 725.5 through 725.10 and 725.12 do not apply to
a game, activity, ticket, or device when lawfully possessed,
used, conducted, or participated in pursuant to chapter 99B ,
99E, 99F , or 99G .
Sec. 38. Section 805.8C, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 12. Internet fantasy sports contest
violations. For violations of legal age for entering an
internet fantasy sports contest under section 99E.7, the
scheduled fine is five hundred dollars. Failure to pay the
fine by a person under the age of eighteen shall not result in
the person being detained in a secure facility.
Sec. 39. TRANSITIONAL LICENSE. Notwithstanding any
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provisions of chapter 99E as enacted by this Act to the
contrary, a person granted a license or registration by two or
more states to conduct internet fantasy sports contests may
apply for and shall be granted a transitional license by the
racing and gaming commission to conduct internet fantasy sports
contests in this state subject to the requirements of chapter
99E, as enacted by this Act. The transitional license shall
be valid until the earlier of the date the racing and gaming
commission grants or denies a license under section 99E.5 to
the person to conduct internet fantasy sports contests, or
twelve months from the date the racing and gaming commission
accepts applications for issuance of a license to conduct
internet fantasy sports contests under section 99E.5.
Sec. 40. EMERGENCY RULES. The state racing and gaming
commission created under section 99D.5 may adopt emergency
rules under section 17A.4, subsection 3, and section 17A.5,
subsection 2, paragraph “b”, to implement the provisions of
this division of this Act and the rules shall be effective
immediately upon filing unless a later date is specified in the
rules. Any rules adopted in accordance with this section shall
also be published as a notice of intended action as provided
in section 17A.4.
Sec. 41. IMPLEMENTATION. The racing and gaming commission
shall not implement this division of this Act until the date
the commission has adopted rules pursuant to chapter 17A
providing for such implementation and such rules have become
effective.
Sec. 42. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION III
SOCIAL SPORTS GAMBLING
Sec. 43. Section 99B.41, Code 2019, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. “Social fantasy sports contest” means
any fantasy or simulated game or contest in which the value
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of all prizes and awards offered to winning participants are
established and made known to the participants in advance of
the contest and do not exceed a total of one thousand dollars
or equivalent consideration, all winning outcomes reflect
the relative knowledge and skill of the participants and
shall be determined by accumulated statistical results of
the performance of individuals in events occurring over more
than a twenty-four-hour period, including athletes in the case
of sporting events, and no winning outcome is based on the
score, point spread, or any performance or performances of
any single actual team or solely on any single performance of
an individual athlete or player in any single actual event.
“Social fantasy sports contest” does not include an internet
fantasy sports contest as defined in section 99E.1.
Sec. 44. Section 99B.45, subsection 2, Code 2019, is amended
by adding the following new paragraph:
NEW PARAGRAPH . c. A social fantasy sports contest.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill authorizes sports gambling and wagering, including
sports betting and fantasy sports contests.
LICENSED SPORTS BETTING. This division authorizes and
licenses sports betting.
Code section 99F.1, concerning definitions, is amended. The
bill defines “sports betting” as wagering on an authorized
sporting event by any system of wagering as authorized by
the racing and gaming commission (commission) and defines
“authorized sporting event” to include professional and
collegiate sporting events and international team and
individual sporting events governed by the international
olympic committee in which no participant is under 18 years
of age. The definition of “licensee” is amended to include a
person licensed to conduct sports betting. The bill defines
“sports betting net receipts” as gross receipts less winnings
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paid to wagerers on sports betting. “Sports betting wagering
area” is defined as an area, as designated by the commission,
in which sports betting is conducted.
Code sections 99D.7(23) and 99F.4(22), concerning persons
voluntarily excluded from wagering or gaming areas, are amended
to include internet fantasy sports contests, advance deposits
wagering, advance deposit sports betting wagering, and the
sports betting wagering area.
Code section 99F.3, concerning authorized wagering under
Code chapter 99F, is amended to authorize sports betting.
Code section 99F.4, concerning racing and gaming commission
powers, is amended to authorize the operation of sports betting
in a sports betting wagering area on an excursion gambling
boat which is also licensed to serve alcoholic beverages and
grants the racing and gaming commission the authority to adopt
standards under which sports betting is conducted including
the scope and type of wagers allowed. The bill provides that
revenue received by the commission from license fees for sports
betting shall be deposited in the general fund of the state
and revenue received by the commission from regulatory fees
shall be deposited into the gaming regulatory revolving fund
established in Code section 99F.20.
New Code section 99F.7A provides specific requirements
relative to the licensing, operation, and fees applicable to
sports betting.
The bill provides that the commission shall, upon payment
of an initial license fee of $15,000, issue a license to
conduct sports betting to a licensee authorized to conduct
gambling games at a pari-mutuel racetrack enclosure or a
licensee authorized to operate an excursion gambling boat or
gambling structure. The bill provides that the annual renewal
fee for a license shall also be $15,000. The bill provides
that a licensee establish, and display and post, sports
betting wagering rules specifying the amounts to be paid on
winning wagers, the effect of changes in the scheduling of an
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authorized sporting event, and the source of information used
to determine the outcome of a wager. The new Code section also
provides that a licensee shall include on the internet site
or mobile application used by the licensee to conduct advance
deposit sports betting wagering the statewide telephone number
authorized by the Iowa department of public health to provide
problem gambling information and extensive responsible gaming
features. The bill also provides that a licensee issued a
license to conduct sports betting shall employ commercially
reasonable steps to prohibit coaches, athletic trainers,
officials, players, participants, or other persons employed in
a position with direct involvement with such individuals from
sports betting under Code chapter 99F.
Code section 99F.8, concerning licensee bonding
requirements, is amended to make such requirements applicable
to sports betting.
Code section 99F.9, concerning wagering on gambling games,
is amended to allow the commission to authorize gambling game
licensees under Code chapter 99F to conduct advance deposit
sports betting wagering. The bill also allows a licensee
under Code section 99F.7A to enter into an agreement with an
advance deposit sports betting wagering operator licensed
by the commission to provide advance deposit sports betting
wagering for the licensee and allows the commission to require
the advance deposit sports betting wagering operator to
conduct an audit. The bill would allow for an advance deposit
sports betting wager to be placed in person at a licensed
facility authorized to conduct gambling games or from any other
location by telephone or other electronic means. The bill
defines “advance deposit sports betting wagering” as a form
of wagering where an eligible individual creates an account
with a licensee, deposits money into that account, and can
use the balance within the account for sports betting. The
bill defines an “eligible individual” for purposes of advance
deposit sports betting wagering as an individual 21 years
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of age or older who is located within this state. The bill
provides that an unlicensed person taking sports betting wagers
from Iowa residents is guilty of a class “D” felony, punishable
by confinement for no more than five years and a fine of at
least $750 but not more than $7,500. The Code section is also
amended to provide that a person under the age of 21 shall
not make or attempt to make a wager by advance deposit sports
wagering.
Code section 99F.11, concerning the wagering tax, is
amended. The bill provides that sports betting net receipts
received each fiscal year by a licensed operator from sports
betting shall be taxed at the rate of six and three-quarters
percent. The taxes imposed shall be paid by the licensed
operator to the treasurer of state as determined by the
commission and shall be credited as provided in Code section
8.57, subsection 5.
Code section 99F.12, concerning certain required reports
and records of licensees, is amended to provide that a sports
betting licensee shall promptly report to the commission any
criminal or disciplinary proceedings commenced against the
licensee, any abnormal sports wagering activity, and any other
conduct with the potential to corrupt a wagering outcome of an
authorized sporting event. The bill requires the commission to
share any information received with any law enforcement entity,
sports team, sports governing body, or regulatory agency the
commission deems appropriate.
Code section 99F.15, concerning certain prohibited
activities and penalties, is amended to provide that current
prohibitions on cheating at a gambling game, claiming anything
of value from a gambling game with intent to defraud, and
knowingly enticing a person to go where a gambling game is
conducted in violation of Code chapter 99F also applies to
sports betting.
Code section 99F.20, concerning the gaming regulatory
revolving fund, is amended to provide that regulatory fees
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by an internet fantasy sports contest service provider and
by a licensee authorized to conduct sports wagering shall be
deposited in the fund.
This division of the bill takes effect upon enactment.
However, the bill authorizes the racing and gaming commission
to adopt emergency rules to implement the bill and provides
that the racing and gaming commission shall not implement
this division of the bill until the date the commission has
adopted rules pursuant to Code chapter 17A providing for such
implementation and such rules have become effective.
INTERNET FANTASY SPORTS CONTESTS. This division of the bill
authorizes internet fantasy sports contests and provides for
the licensing, regulation, and taxation of internet fantasy
sports contests.
Code section 80.25, concerning gaming investigation and
enforcement by the division of criminal investigation of
the department of public safety, is amended to provide for
investigation and enforcement concerning the new Code chapter.
New Code section 99E.1 provides for definitions. A “fantasy
sports contest” is defined as any fantasy or simulated game
or contest in which all prizes and awards offered to winning
participants are established and made known in advance of the
contest, all winning outcomes reflect the relative knowledge
and skill of the participants and are determined predominantly
by accumulated statistical results of the performance of
individuals, and no winning outcome is based on the score, or
performance of any single actual team or combination of such
teams or solely on any single performance of an individual
athlete in any single actual sporting or other event. An
“internet fantasy sports contest” is defined as a method of
entering a fantasy sports contest by establishing an account
with an internet fantasy sports contest service provider. An
“internet fantasy sports contest player” is defined as a person
who is at least 21 years of age who participates in an internet
fantasy sports contest. The bill also defines “internet
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fantasy sports contest adjusted revenues”, “internet fantasy
sports contest service provider”, “licensee”, and “location
percentage”.
New Code section 99E.2 provides that the system of entering
an internet fantasy sports contest is legal when conducted by a
licensed internet fantasy sports contest service provider as
provided in the new Code chapter.
New Code section 99E.3 establishes the powers of the racing
and gaming commission in relation to internet fantasy sports
contests and internet fantasy sports contest service providers.
Specifically, the Code section authorizes the commission
to investigate and license internet fantasy sports contest
service providers, assess fines and revoke or suspend licenses,
impose penalties for violations of the Code chapter, and take
any other action to enforce the requirements of the new Code
chapter.
New Code section 99E.4 establishes the requirements for an
applicant to be granted a license to conduct internet fantasy
sports contests. The Code section allows the commission
to charge the applicant a fee for the department of public
safety, division of criminal investigation, to defray the
costs associated with any investigation. The new Code
section provides that a license shall not be issued if there
is evidence that the applicant has failed to meet certain
qualifying requirements. The Code section provides that a
person who knowingly makes a false statement on the application
is guilty of an aggravated misdemeanor.
New Code section 99E.5 establishes the terms and conditions
of licenses issued to conduct internet fantasy sports contests.
The Code section provides that a license may be issued for
a period of not more than three years and provides for an
initial and annual license fee of $5,000. The Code section
also provides for the payment of a regulatory fee to be set
by the racing and gaming commission based on the costs of
administering and enforcing the new Code chapter. The Code
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section provides that a licensee establish, and display and
post, internet fantasy sports contest rules specifying the
amounts to be paid to winning participants, the effect of
changes in the scheduling of an event subject to an internet
fantasy sports contest, and the source of information used to
determine the outcome of an internet fantasy sports contest.
The Code section further provides that each licensee shall
receive a credit for the amount of the regulatory fee paid
against taxes to be paid pursuant to the new Code chapter. The
Code section provides that a licensed internet fantasy sports
contest service provider shall use commercially reasonable
methods to prevent any employees and certain family members
from participating in internet fantasy sports contests on the
service provider’s digital platform, verify that internet
fantasy sports contest players located in this state are 21
or older, ensure that participants in a game or contest shall
not be allowed to enter an internet fantasy sports contest
involving that game or contest, permit individuals to establish
an account with an internet fantasy sports contest service
provider by electronic communication and to restrict themselves
from entering an internet fantasy sports contest, conduct an
annual audit, and pay the tax imposed by the new Code chapter.
New Code section 99E.6 provides for a tax of six and
three-quarters percent on internet fantasy sports contest
adjusted revenues. The bill defines “internet fantasy sports
contest adjusted revenues” as the total of fees and charges
collected, less winnings, in an internet fantasy sports contest
multiplied by the percentage of fees and charges paid by
participants who are located in this state in that contest.
The taxes imposed shall be paid by the internet fantasy
sports contest service provider to the treasurer of state as
determined by the commission and shall be credited as provided
in Code section 8.57, subsection 5.
New Code section 99E.7 provides that a person under the
age of 21 shall not enter an internet fantasy sports contest.
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A person who violates this Code section commits a scheduled
violation under Code section 805.8C and is subject to a $500
fine. Code section 805.8C is amended to reflect this violation
and applicable fine.
New Code section 99E.8 requires an internet fantasy sports
contest service provider to keep books and records on internet
fantasy sports contest adjusted revenues and to provide the
commission reports and information as the commission may
require. The bill provides that a licensee promptly report
to the commission any criminal or disciplinary proceedings
commenced against the licensee, any abnormal fantasy sports
contest activity, and any other conduct with the potential to
corrupt an outcome of an internet fantasy sports contest. The
bill requires the commission to share any information received
with any law enforcement entity, sports team, sports governing
body, or regulatory agency the commission deems appropriate.
New Code section 99E.9 requires a licensee to conduct an
audit within 90 days after the end of the licensee’s fiscal
year.
New Code section 99E.10 establishes civil penalties. The
new Code section provides that a person who willfully fails to
comply with the requirements of this new Code chapter shall be
liable for a civil penalty of not more than $1,000 for each
violation, not to exceed $10,000 for violations arising out of
the same transaction or occurrence.
The bill also makes changes to Code sections 99F.2, 99F.4B,
232C.4, 714B.10, and 725.15 to provide that provisions in those
Code sections that list some or all Code chapters that govern
lawful gambling also list the new Code chapter provided in this
division of the bill.
The bill provides for the issuance of a transitional license
by the racing and gaming commission to a person to conduct
internet fantasy sports contests in this state if the person
has been granted a license or registration by two or more other
states to conduct internet fantasy sports contests. The bill
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provides that the transitional license shall be valid until the
earlier of the date the commission grants or denies a license
to the person or 12 months from the date the commission accepts
applications for issuance of a license.
This division of the bill takes effect upon enactment.
However, the bill authorizes the racing and gaming commission
to adopt emergency rules to implement this division of the
bill and provides that the racing and gaming commission shall
not implement the bill until the date the commission has
adopted rules pursuant to Code chapter 17A providing for such
implementation and such rules have become effective.
SOCIAL SPORTS GAMBLING. This division concerns social
gambling authorized under Code chapter 99B. Code section
99B.45, concerning social gambling between individuals, is
amended to authorize social gambling on social fantasy sports
contests. Code section 99B.41 is amended to define “social
fantasy sports contest” as a fantasy sports contest in which
prizes and awards offered to winning participants do not exceed
$1,000 and winning outcomes are based on the performance of
individuals in events occurring over more than a 24-hour
period. Current law limits wins or losses on social gambling
to $200.
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