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HB 68/LM/AA (BR 109) - L. Clark, T. Burch, De. Butler, J. Donohue, D. Horlander, D. Keene, C. Miller, D. Osborne, S. Riggs, S. Santoro

     AN ACT relating to gaming and making an appropriation therefor.
     Establish KRS Chapter 239 and create new sections thereof to enumerate legislative findings and declarations; define terms, to include "adjusted gaming receipts," "affiliate," "applicant," "casino game," "casino license," "casino licensee," "casino gaming," "cheat," "commission," "control," "county," "electronic gaming device," "gaming facility," "gaming licensee," "gaming supplies and equipment," "gross gaming receipts," "occupational license," "racing association casino licensee," "supplier," and "wager"; create the Kentucky Gaming Commission and establish its membership; establish the operating procedures for the commission; establish the commission's powers and duties, including the authority to promulgate administrative regulations, inspect premises, issue subpoenas, administer oaths, initiate disciplinary action against applicants and licensees, and employ investigators; prohibit commissioners from engaging in off-the-record communication with applicants; require a continuing study of all aspects of gaming; require an executive director to be appointed by the Governor; establish casino license and criteria for casino location; establish requirements for casino licensure; specify information to be required on a casino license application; establish requirements for a racing association casino license; specify information to be required on a racing association casino license application; permit issuance of a temporary racing association casino license; require a racing association with a casino license to hold as many races as it held in 2014; specify exceptions to requirement; mandate that collective bargaining agreements in effect at racing associations shall also be in effect at casinos established at racing association casino; require supplier license for persons manufacturing, designing, assembling, selling, leasing, distributing, installing, or otherwise furnishing gaming supplies and equipment; grant commission authority to issue, not issue, renew, suspend, or revoke a supplier license, or to issue a temporary license; establish requirements for all suppliers; require occupational licensure for select employees of gaming facility and specify requirements for occupational licensure; grant commission authority to issue, not issue, renew, suspend, or revoke an occupational license, or to issue a temporary license; limit the number of issued and effective licenses to 5 racing association casino licenses and 3 casino licenses at any one time; establish a competitive selection process for selection of applicants for casino licenses; establish initial casino and initial racing association casino license fees of fifty million dollars; establish fees for license application, license renewal, supplier's license fees and occupational license fees; provide for an appeal process; establish requirements for gaming licensees including purchase of games and supplies, personnel, security, and reporting requirements; require the commission to establish minimum standards for gaming licensees relating to fiscal protection and control, financial reporting, and auditing; permit exclusion or ejection of certain persons and establish conditions for exclusion or ejection; exempt casino games or supplies licensed under provisions of this Act from 15 U.S.C. sec. 1172; prohibit any person under the age of 21 from placing a wager at a casino or accessing a casino gaming facility; prohibit cheating and establish penalties for cheating; establish the Kentucky gaming account and direct all wagering taxes levied by this Act to be deposited within; direct disbursements from the fund to the Kentucky compulsive gamblers assistance account, early childhood, primary, secondary, and postsecondary education, the Kentucky public pension stabilization fund, host jurisdictions, the Kentucky municipal public safety account, the Kentucky county public safety account, and the prevention and treatment of drug and alcohol abuse; retain 25% for appropriation by the General Assembly; create the Kentucky municipal public safety account and specify the distribution of funds from the account; establish the Kentucky county public safety account and specify the uses of funds dedicated to it; stipulate that gaming facilities are permissible uses at racetracks and casino facilities not located at racetracks shall be permitted uses in all zones which allow sports, entertainment, recreation, or retail facilities of a similar size; establish a set-aside amount for racing association casino licensees and specify the distribution of the funds for horse industry-related topics; require an annual audit of each racing association casino licensee; create a new section of KRS Chapter 138 to establish a tax rate of 25% for the first three years of a racing association casino licensee, increasing to 30% thereafter; establish a tax rate of 39.5% for the first three years of a casino gaming facility, increasing to 44.5% thereafter; create a new section of KRS Chapter 222 to establish the Kentucky compulsive gamblers assistance fund and specify use of funds; create a new section of KRS Chapter 61 to establish the Kentucky public pension stabilization fund and specify use of funds; amend KRS 243.500 and 243.505 to allow alcohol sales at a casino; amend KRS 525.090 to conform; amend KRS 528.010 to exempt licensed casino gaming from the definition of "advancing gambling activity," "gambling," "gambling device," and "profiting from gambling activity"; amend KRS 528.100 to conform; amend KRS 15.380, relating to training of officers, to include Kentucky gaming commission employees; amend KRS 12.020 to place the Kentucky gaming commission under the Public Protection Cabinet for administrative purposes; amend KRS 372.005 to conform; amend KRS 68.180, 68.197, 91.200, 92.281, and 93.300 to exempt gaming receipts from local licensing taxes; create a noncodified section to establish severability; effective upon certification of election results in November 2014 if a constitutional amendment is enacted by the General Assembly and approved by the voters permitting the General Assembly to authorize casino gaming.

     (Prefiled by the sponsor(s).)

     Jan 7-introduced in House; to Licensing & Occupations (H)

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