HB 601/LM (BR 1531) - J. Barrows, J. Draud, S. Westrom
AN ACT relating to gaming and making an appropriation therefor.
Establish KRS Chapter 230A and create new sections to rename the Kentucky Lottery Corporation the Kentucky Gaming and Lottery Corporation; create the Casino Gaming Advisory Committee and set out the committee's members, terms, and purpose; provide for resolution of disputes between the Kentucky Gaming and Lottery Corporation and the Kentucky Racing Authority; set out the powers and duties of the corporation relating to gaming in Kentucky to include licensing, contracting, conducting criminal background investigations, issuing subpoenas, appointing hearing examiners under KRS Chapter 13B; initiate enforcement proceedings, and promulgating administrative regulations; require the corporation to submit quarterly and annual reports to the Governor and the Legislative Research Commission, to perform a continuing study of gaming in the United States, and to maintain license application files; provide for corporation's files to be open under Open Records Law; authorize the corporation to inspect gaming facilities and test casino gaming devices, to seize and impound records relating to adjusted gaming receipts, and to investigate any suspected regulatory or criminal violation of the chapter; grant peace officer status to enforcement personnel of the corporation; require the corporation to promulgate administrative regulations for application and licensing procedures and fees, inspection procedures, reporting requirements for licensees, and procedures for temporary licenses; require corporation to take all action necessary to facilitate casino gaming at the earliest feasible time; set out additional requirements for gaming license application; require the corporation to investigate the qualification of each license applicant and persons who control the license applicant, furnish fingerprint cards for criminal history records checks; prohibit licensing of persons with certain convictions unless prohibitions are waived; provide additional prohibitions for persons applying for gaming licenses; require applicants to furnish all information necessary to determine qualifications; place the burden of proving qualification for licenses on the applicant; provide for joint licenses, and require revocation of licenses of persons convicted of certain crimes; make information in license applications subject to Open Records provisions unless designated or generally recognized as confidential; set out provisions for gaming licenses, including the requirements that casino gaming facilities only be located at racetracks owned or operated by eligible associations, and that eligible associations run as many live races for the same breed as they did in calendar year 2005 unless thoroughbred and standardbred representative groups agree or because of disasters, emergencies or other reasons beyond the eligible association or gaming operator's control; provide for reduced racing days to be awarded by Racing Authority to other eligible associations; set out a ten year period for gaming licenses; provide for denial, revocation, or non-renewal of a gaming license under certain circumstances; allow an eligible association owning or operating more than one racetrack to be issued a gaming license at each of its racetracks; require approval of the corporation for transfer of a gaming license; require licenses other than gaming licenses to be governed by administrative regulations; allow corporation to investigate gaming operators and other licensees and to take appropriate action if corporation determines licensees violated provisions of the chapter; describe method of instituting administrative proceedings by the corporation against a licensee; provide for emergency orders relating to licenses upon certain findings of the corporation; provide for appeal of the decisions of the corporation; set out the duties of the gaming operator to include providing the corporation access to records and the facility, maintaining records for five years, obtaining approval of the corporation for any change of control; filing a copy of its federal income tax returns with the corporation; adopt an internal control system, and make financial reports to the corporation and the Racing Authority; set out requirements relating to casino gaming devices; provide for licensing of gaming employees; set out duties and requirements of gaming device manufacturers and distributors; set out duties and requirements for gaming device manufacturers and distributors, gaming operations managers, service technicians, validation managers, floor attendants, and security personnel; provide for establishment of wages and duties of non-supervisory personnel; prohibit persons under twenty-one from wagering or collecting winnings, being employed, entering, or loitering in a casino gaming facility; exercise exemption in 15 U.S.C. sec. 1172 to permit transportation of gambling devices; create the Kentucky Equine Breed Authority and provide for the authority's membership, terms, duties, and responsibilities, including promulgation of administrative regulations; provide for distribution of adjusted gaming receipts; establish the problem gambling trust fund account; create the Problem Gambling Fund Committee and set out the committee's members, terms, and purpose, and require the committee to promulgate administrative regulations setting out the procedures for allocation of funds; set out penalties for violations of the chapter; establish a new section of KRS Chapter 100 allowing casino gaming facilities to be deemed a permissible accessory use to a racetrack without further approval from planning and zoning units; amend KRS 137.190 to provide that the payment by a gaming operator to the State Treasurer under Sections 29 and 30 is in lieu of all other license, excise, special, or franchise taxes, and prohibit any political subdivision from levying such taxes on a gaming facility; require members of the board of the corporation to take oath; make four voting members a quorum of the board of the corporation; amend KRS 230.260 to give Racing Authority authorization to carry out responsibilities under the Chapter 230A; amend KRS 372.005 and 372.010 to allow gaming operators to collect debts from persons who participate in gaming under KRS Chapter 230A; amend KRS 6.611, 45.750, 45A.605, 138.480, 154A.010, 154A.020, KRS 154A.030, KRS 154A.040, 154A.050, 154A.060, 154A.063, 154A.070, 154A.080, 154A.130, 154A.140, 154A.650, 154A.400, 198A.715, 405.463, 230.260, 230.310, 243.500243.505, 372.005, 525.090, 528.010, and 528.100 to conform; provide for severability of provisions; provide for act to be null and void in the event the General Assembly fails to enact, or the voters fail to approve, an amendment to Section 226 of the Kentucky Constitution allowing casino gaming; provide for an effective date of January 1, 2007 in the event the voters approve an amendment to Section 226 of the Kentucky Constitution allowing casino gaming.
HB 601 - AMENDMENTS
HFA (1, S. Brinkman) - Amend to specify that 25 percent of the 20 percent of adjusted gaming receipts allocated for health care go to fund services for individuals suffering from autism spectrum disorder.
Feb 16-introduced in House
Feb 17-to Licensing and Occupations (H)
Feb 22-floor amendment (1) filed ; posted in committee