TouchPlay is legal, state lawyer says
By Charlotte Eby Journal Des Moines Bureau | Posted: Tuesday, February 14, 2006
DES MOINES -- A legislative committee studying the Iowa Lottery's TouchPlay program will move forward with the assumption the slot machine look-alikes are legal under state law after listening to the opinion of a state lawyer.
Assistant Iowa Attorney General Eric Tabor told a House subcommittee Monday the games are allowed under state statute.
"It's a very simple interpretation of the definition of the law," Tabor said.
Some lawmakers have questioned whether the games that have showed up in convenience stores, bars and other retail outlets are the same as slot machines, which are allowed only in Iowa casinos and are highly regulated.
Tabor said the Iowa Lottery's TouchPlay games do not have an "internal randomizer" that decides which players are winners as slot machines do, a distinction that makes them legal under Iowa law.
Instead, TouchPlay winners are predetermined on a computer program and downloaded to machines across the state.
Lottery officials compare them to a scratch or pull-tab ticket, where the number of winners and prize totals are decided at the outset of the game. On a slot machine, winners and losers are chosen randomly with each spin.
State Rep. Jeff Elgin, a Cedar Rapids Republican who is chairman of the subcommittee, said now that lawmakers understand the legal opinion, they can move forward with legislation regulating TouchPlay.
That legislation could range from a complete ban on the machines to allowing them to remain operating as they are now.
"I want to make sure this committee is prepared to deal with all options," Elgin said.
In the case of a ban, the state might end up being legally liable for a number of broken business contracts among the lottery, manufacturers, distributors and businesses where the machines are located. Investment in the program is estimated at more than $100 million by lottery officials.
Tabor said he's still studying the consequences of breaking those contracts.
House GOP leaders say they want the TouchPlay issue decided sooner rather than later.
"We just want to get it done, over with," said House Majority Leader Chuck Gipp, R-Decorah.
Iowa House Speaker Christopher Rants, R-Sioux City, said TouchPlay remains a distraction for Iowa lawmakers who could be considering more important topics and wants the discussion to move quickly.
"I think we need to make a decision on whether or not these machines are appropriate and whether or not we want to have casino-style gambling in every community, in every store, in every corner of the state. I personally think we shouldn't," Rants said.
A TouchPlay task force appointed by Gov. Tom Vilsack also is studying the regulation of the program and is set to meet for a second time this Friday.
Charlotte Eby can be reached at (515) 243-0138 or chareby@aol.com.
Assistant Iowa Attorney General Eric Tabor told a House subcommittee Monday the games are allowed under state statute.
"It's a very simple interpretation of the definition of the law," Tabor said.
Some lawmakers have questioned whether the games that have showed up in convenience stores, bars and other retail outlets are the same as slot machines, which are allowed only in Iowa casinos and are highly regulated.
Tabor said the Iowa Lottery's TouchPlay games do not have an "internal randomizer" that decides which players are winners as slot machines do, a distinction that makes them legal under Iowa law.
Instead, TouchPlay winners are predetermined on a computer program and downloaded to machines across the state.
Lottery officials compare them to a scratch or pull-tab ticket, where the number of winners and prize totals are decided at the outset of the game. On a slot machine, winners and losers are chosen randomly with each spin.
State Rep. Jeff Elgin, a Cedar Rapids Republican who is chairman of the subcommittee, said now that lawmakers understand the legal opinion, they can move forward with legislation regulating TouchPlay.
That legislation could range from a complete ban on the machines to allowing them to remain operating as they are now.
"I want to make sure this committee is prepared to deal with all options," Elgin said.
In the case of a ban, the state might end up being legally liable for a number of broken business contracts among the lottery, manufacturers, distributors and businesses where the machines are located. Investment in the program is estimated at more than $100 million by lottery officials.
Tabor said he's still studying the consequences of breaking those contracts.
House GOP leaders say they want the TouchPlay issue decided sooner rather than later.
"We just want to get it done, over with," said House Majority Leader Chuck Gipp, R-Decorah.
Iowa House Speaker Christopher Rants, R-Sioux City, said TouchPlay remains a distraction for Iowa lawmakers who could be considering more important topics and wants the discussion to move quickly.
"I think we need to make a decision on whether or not these machines are appropriate and whether or not we want to have casino-style gambling in every community, in every store, in every corner of the state. I personally think we shouldn't," Rants said.
A TouchPlay task force appointed by Gov. Tom Vilsack also is studying the regulation of the program and is set to meet for a second time this Friday.
Charlotte Eby can be reached at (515) 243-0138 or chareby@aol.com.
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