00RS HB103


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HB 103 (BR 533) - G. Stumbo

     AN ACT relating to reorganization.
     Amend KRS 15.728, KRS 12.020, and various sections of KRS Chapter 238 to create the Department of Charitable Gaming within the Public Protection and Regulation Cabinet, including the Office of General Counsel, which reports to the commissioner, the Division of Licensing and Compliance, and the Division of Enforcement; abolish the Division of Charitable Gaming in the Justice Cabinet and transfer all personnel, files, equipment, and funding to the new department; confirm Executive Order 98-905.


     SCS - Retain all provisions of the original bill; amend the definition of bingo to include "electronic or mechanical representations"; clarify definition of charity fundraising event; allow a charitable organization to make a one-time donation of supplies and equipment to another charitable organization; define "chairperson," "year," and "card-minding machine"; vest departmental investigators with police powers limited to enforcement of charitable gaming and related laws; prohibit chairman of the Charitable Gaming Advisory Committee from serving more than two consecutive one-year terms; clarify that disqualifying criminal convictions apply to license holders as well as applicants; increase the manufacturer's license fee from $500 to $1,000 per year; raise the threshold amount at which a charitable organization must be licensed to conduct charitable gaming from $15,000 to $25,000 per year; simplify the exemption notification process; require an annual report from exempt organizations; define "reasonable progress in accomplishing its charitable purposes"; Allow a charitable organization to place its license in escrow; clarify that net receipts retained by a charitable organization must be spent for charitable purposes and may not inure to the benefit or financial gain of any individual; allow a charitable organization to deduct all taxes paid before calculating its retention rate; restructure the penalties imposed on charities falling below 40% to emphasize probation and financial rehabilitation; permit penalized charities to apply for reconsideration under new penalties; prohibit an advertisement for a bingo session from advertising prizes in excess of $5,000; allow a charitable organization to provide card-minding machines for players; limit the prizes paid at a bingo played at a charity funding event to $5,000 for the entire event; prohibit persons under age 18 from playing bingo at a charity fundraising event unless accompanied by a parent or guardian; require a charitable organization to establish a "charitable gaming account" at a Kentucky bank and prohibit the issuance of checks from this account to "cash" or "bearer"; require licensed and exempt organizations to maintain records in their place of business in Kentucky for a period of three years; make failure to file reports grounds for revocation or denial of a license; limit reporting of donated prizes to those in excess of $50; prohibit a charitable organization from expending net receipts to form, maintain, or operate a labor organization; permit the department to deny a license to an applicant that has failed to pay a fine; allow the history of previous violations to be considered in imposing an administrative sanction; stipulate that service of notification is complete upon failure or refusal to accept delivery; allow the department to impose disciplinary action for failure to remit the charitable gaming fee in a timely manner; and add a noncodified section directing the Interim Joint Committee on Licensing and Occupation to study various charitable gaming issues during the 2000-2001 interim.
     SFA (1, D. Boswell) - Revise provision relating to the granting of peace officer powers for charitable gaming investigators to more clearly limit their authority to the enforcement of the charitable gaming laws and others laws related to charitable gaming.
     SFA (2, C. Borders) - Add card-minding device representations to the definition of bingo.
     SFA (3, T. Buford) - Exempt charitable organization conducting raffles that gross no more than $150 from the reporting, notification, and licensure requirements; permit charitable organization to have up to five such raffles.
     SFA (4, T. Buford) - Exempt organization or group of individuals not meeting licensing requirements from notification and reporting requirements when holding a raffle if the organization or individuals donate all proceeds to charitable organization and the raffle does not gross more than $150; permit group or organization to have up to 3 such raffles.
     SFA (5, B. Jackson) - Raise from $5,000 to $10,000 the prize limits for bingo conducted in conjunction with a charity fundraising event.

     (Prefiled by the sponsor(s))

     Jan 4-introduced in House; to Licensing and Occupations (H)
     Jan 7-posted in committee
     Jan 12-reported favorably, 1st reading, to Calendar
     Jan 13-2nd reading, to Rules
     Jan 14-posted for passage in the Regular Orders of the Day for Tuesday, January 18, 2000
     Jan 18-3rd reading, passed 90-3
     Jan 19-received in Senate
     Jan 21-to Licensing and Occupations (S)
     Mar 16-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Mar 17-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, March 20, 2000; floor amendment (2) filed to Committee Substitute
     Mar 20-passed over and retained in the Orders of the Day; floor amendments (3) and (4) filed to Committee Substitute
     Mar 21-floor amendment (5) filed to Committee Substitute ; 3rd reading; floor amendment (3) withdrawn ; passed 38-0 with Committee Substitute, floor amendments (1) (2) and (4)
     Mar 22-received in House; posted for passage for concurrence in Senate Committee Substitute, floor amendments (1) (2) and (4)
     Mar 28-House concurred in Senate Committee Substitute, floor amendments (1) (2) and (4) ; passed 84-6
     Mar 29-enrolled, signed by each presiding officer, delivered to Governor
     Apr 7-signed by Governor (Acts ch. 374)

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