HB 2989 — Modifies provisions relating to gaming

HCS HB 2989 21 11.

HCS HB 2989 21 (1) Any person who has been convicted of a felony;

The commission may refuse to issue a license and a licensee shall be subject to the imposition of penalties, suspension or revocation of such license, or other action for any act or failure to act by the licensee or the licensee's agents or employees, that is injurious to the public health, safety, good order, and general welfare of the people of the state of Missouri, or that would discredit or tend to discredit the video lottery operations in the state of Missouri unless the licensee proves by clear and HCS HB 2989 22 convincing evidence that the licensee is not guilty of such action.

HCS HB 2989 22 (2) Failing to comply with any rule, order, or ruling of the commission or its agents pertaining to sections 313.425 to 313.445;

(5)(5)Use Use of fraud, deception, misrepresentation, or bribery in securing any license issued pursuant to the provisions of sections 313.425 to 313.445 or impersonation of any person holding a license or allowing a person to use the person's license;

HCS HB 2989 23 (9) A person is finally adjudged incapacitated or disabled by a court of competent jurisdiction;

Upon a finding by the administrative hearing commission that the grounds of this section for disciplinary action are met, the commission may, singly or in combination, warn, censure, or place the person named in the complaint on probation on such terms and conditions as the commission deems appropriate for a period not to HCS HB 2989 23 exceed ten years, or may suspend the person's license for a period not to exceed three years, or restrict or limit the person's license for an indefinite period of time, or revoke the person's license or administer a public or private reprimand, or deny the person's application for a license, or permanently withhold issuance of a license.

Personnel shall be employed without regard to any HCS HB 2989 24 political affiliation.

The commission may enforce its subpoenas, including subpoena duces tecum, by applying to a circuit court of Cole County, the county of the investigation, hearing or proceeding, or any county where the person resides or may be found, for an order upon any person who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which such order and a copy of the application therefore shall be served upon the person in the same manner as a summons in a civil action, and if the circuit HCS HB 2989 24 court shall, after a hearing, determine that the subpoena should be sustained and enforced, such court shall proceed to enforce the subpoena in the same manner as though the subpoena had been issued in a civil case in the circuit court.

Notwithstanding the provisions of section 1.140, the provisions of sections 313.425 to 313.445 and 572.020, 572.070, and 572.100 shall be nonseverable, and if any provision is for any reason held be invalid, such decision shall invalidate all of the HCS HB 2989 25 remaining provisions of sections 313.425 to 313.445, 572.020, 572.070, and 572.100, as amended by this act.

313.805.

The commission shall have full jurisdiction over and shall supervise all gambling operations governed by sections 313.800 to 313.850.

The commission shall have the following powers and shall promulgate rules and regulations to implement sections 313.800 to 313.850:

(1) To investigate applicants and determine the priority and eligibility of applicants for a license and to select among competing applicants for a license the applicant which best serves the interests of the citizens of Missouri;

(2) To license the operators of excursion gambling boats and operators of gambling games within such boats, to identify occupations within the excursion gambling boat operations which require licensing, and adopt standards for licensing the occupations including establishing fees for the occupational licenses and to license suppliers;

(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.

Notwithstanding the provisions of chapter 311 to the contrary, the commission may authorize the operation of gambling games on an excursion gambling boat which is also licensed to sell or serve alcoholic beverages, wine, or beer.

The commission shall regulate the wagering structure for gambling excursions, provided that the commission shall not establish any regulations or policies that limit the amount of wagers, losses, or buy-in amounts;

(4) To enter the premises of excursion gambling boats, facilities, or other places of business of a licensee within this state to determine compliance with sections 313.800 to 313.850;

(5) To investigate alleged violations of sections 313.800 to 313.850 or the commission rules, orders, or final decisions;

(6) To assess any appropriate administrative penalty against a licensee, including, but not limited to, suspension, revocation, and penalties of an amount as determined by the commission up to three times the highest daily amount of gross receipts derived from wagering on the gambling games, whether unauthorized or authorized, conducted during the previous twelve months as well as confiscation and forfeiture of all gambling game equipment used in the conduct of unauthorized gambling games.

Forfeitures pursuant to this section shall be enforced as provided in sections 513.600 to 513.645;

(7) To require a licensee, an employee of a licensee or holder of an occupational license to remove a person violating a provision of sections 313.800 to 313.850 or the commission rules, orders, or final orders, or other person deemed to be undesirable from the excursion gambling boat or adjacent facilities;

HCS HB 2989 26 (8) To require the removal from the premises of a licensee, an employee of a licensee, or a holder of an occupational license for a violation of sections 313.800 to 313.850 or a commission rule or engaging in a fraudulent practice;

(9) To require all licensees to file all financial reports required by rules and regulations of the commission;

(10) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, and other pertinent documents, and to administer oaths and affirmations to the witnesses, when, in the judgment of the commission, it is necessary to enforce sections 313.800 to 313.850 or the commission rules;

(11) To keep accurate and complete records of its proceedings and to certify the records as may be appropriate;

(12) To ensure that the gambling games are conducted fairly.

No gambling device shall be set to pay out less than eighty percent of all wagers;

(13) To require all licensees of gambling game operations to use a cashless wagering system whereby all players' money is converted to physical or electronic tokens, electronic cards, or chips which only can be used on the excursion gambling boat;

(14) To require excursion gambling boat licensees to develop a system, approved by the commission, that allows patrons the option to prohibit the excursion gambling boat licensee from using identifying information for marketing purposes.

The provisions of this subdivision shall apply only to patrons giving identifying information for the first time.

Such system shall be submitted to the commission by October 1, 2000, and approved by the commission by January 1, 2001.

The excursion gambling boat licensee shall use identifying information obtained from patrons who have elected to have marketing blocked under the provisions of this section only for the purposes of enforcing the requirements contained in sections 313.800 to 313.850.

This section shall not prohibit the commission from accessing identifying information for the purposes of enforcing section 313.004 and sections 313.800 to 313.850;

(15) To determine which of the authorized gambling games will be permitted on any licensed excursion gambling boat;

(16) The commission shall base its decision to license excursion gambling boats on any of the following criteria:

the docking location or the excursion cruise could cause danger to the boat's passengers, violate federal law or the law of another state, or cause disruption of interstate commerce or possible interference with railway or barge transportation.

The commission shall consider economic feasibility or impact that would benefit land-based development and permanent job creation.

The commission shall not discriminate among applicants for excursion gambling boats that are similarly situated with respect to the criteria set forth in this section;

HCS HB 2989 27 (17) The commission shall render a finding or findings concerning the transition from a boat, barge, or floating facility to a nonfloating facility within thirty days after a hearing on any request from an applicant or existing licensee.

Such hearing may be held prior to any final action on licensing to assist an applicant and any city or county in the finalizing of their economic development plan;

(18) To require any applicant for a license or renewal of a license to operate an excursion gambling boat to provide an affirmative action plan which has as its goal the use of best efforts to achieve maximum employment of African-Americans and other minorities and maximum participation in the procurement of contractual purchases of goods and services.

This provision shall be administered in accordance with all federal and state employment laws, including Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991.

At license renewal, the licensee will report on the effectiveness of the plan.

The commission shall include the licensee's reported information in its annual report to the joint committee on gaming and wagering;

(19) To annually adjust the admission fee imposed pursuant to section 313.820 for inflation;

and (20) To take any other action as may be reasonable or appropriate to enforce sections 313.800 to 313.850 and the commission rules.

An excursion boat licensee shall pay to the commission an admission fee of [two]two fourdollars, dollarsas adjusted for inflation, every two hours for each person embarking[embarking on an excursion gambling boat with a ticket of admission.admission] present within the gambling area of each gambling facility.

OneWithin dollarthe offirst suchtwo feemonths shallof beeach depositedcalendar toyear, the creditcommission ofshall theadjust gamingannually commissionfor fundinflation asbased authorizedon pursuantthe toConsumer sectionPrice 313.835,Index twofor dollarsAll ofUrban suchConsumers feefor shallthe beMidwest transferredRegion, toas thedefined Missouriand veteransofficially commissionrecorded asby establishedthe underUnited sectionStates 42.007,Department andof oneLabor dollaror ofits suchsuccessor, feeto shalldetermine notthe benew consideredadmission statefee fundsbeginning January 1, and shall bego paidinto toeffect at the homebeginning dockof citythe ornew county.fiscal year.

SubjectSuch tofee appropriation,shall onebe centcalculated ofinitially suchon feeinflationary depositeddata torecorded by the creditUnited States Department of theLabor gamingin commissionJanuary fund1993 mayand such figure shall be depositedused to thecalculate creditinflation ofadjustments for the compulsiveremainder gamblersof fundfiscal createdyear pursuant2027 toand for the provisionsnext often sectioncomplete 313.842.fiscal years thereafter.

NothingThe infirst thisfifty sectioncents shallof precludesuch anyadmission licenseefee fromas chargingadjusted anyfor amountinflation deemedshall necessarybe fordeposited ato ticketthe credit of admissionthe department of natural resources historic preservation revolving fund and administered according to anythe personprovisions embarkingdescribed onin ansection excursion313.835(2)(a) gamblingto boat.commemorate the bicentennial of the location of the permanent seat of government as described in second Section of the eleventh Article of the original Constitution of the state of Missouri.

IfUnless ticketsrenewed areby issuedthe whichMissouri aregeneral goodassembly forupon morethe thanexpiration oneof excursion, the admissionprovisions of this section, all revenue from such fee shall be paidremitted to the commission forand eachshall personbe usingdistributed theaccording ticketto onthe eachprovisions excursionof thatthis theHCS ticketHB is2989 used.28 section.

IfTwo freedollars passesof orsuch complimentaryfee, admissionas ticketsadjusted arefor issued,inflation, the excursion boat licensee shall paybe paid to the veterans commission thecapital sameimprovement HCStrust HBfund 2989 25 fee upon these passes or complimentary tickets as if they were sold at the regulareffective anddate usualof admissionthis rate;section.

One dollar of such fee, as adjusted for inflation, shall be deposited to the credit of the gaming commission fund as authorized pursuant to section 313.835, and one dollar of such fee, as adjusted for inflation, shall not be considered state funds and shall be paid to the home dock city or county.

[Subject to appropriation, one cent of such fee deposited to the credit of the gaming commission fund may be deposited to the credit of the compulsive gamblers fund created pursuant to the provisions of section 313.842.] Nothing in this section shall preclude [any licensee from charging any amount deemed necessary for a ticket of admission to any person embarking on an excursion gambling boat] the commission from adjusting the fee annually as deemed necessary to account for inflation.

[If tickets are issued which are good for more than one excursion, the admission fee shall be paid to the commission for each person using the ticket on each excursion that the ticket is used.] If free passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to the commission the same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate;

In all present and future forms of remote wagering, an excursion boat licensee shall pay to the commission a remote wagering access fee in lieu of an admission fee of one and one half percent of the total amount of money waged each month.

The proceeds of such remote wagering access fee shall be deposited to the credit of the gaming commission fund as authorized pursuant to section 313.835, and shall be distributed in accordance with regulations promulgated by the commission, except that the first thirty-five million dollars from the proceeds of the remote wagering access fee shall be deposited to the credit of the department of natural resources historic preservation revolving fund as described in section 313.835(2)(a).

[2] 3.

however, HCS HB 2989 29 any tax information acquired by the commission shall not become public record and shall be used exclusively for commission business.

313.835.

All revenue received by the commission from license fees, penalties, administrative fees, reimbursement by any excursion gambling boat operators for services provided by the commission and admission fees authorized pursuant to the provisions of sections 313.800 to 313.850, except that portion of the admission fee, not to exceed one cent, that may be appropriated to the compulsive gamblers fund as provided in section 313.820, shall be deposited in the state treasury to the credit of the "Gaming Commission Fund" which is hereby created for the sole purpose of funding the administrative costs of the commission, subject to appropriation.

Moneys deposited into this fund shall not be considered proceeds of gambling operations.

Moneys deposited into the gaming commission fund shall be considered state funds pursuant to Article IV, Section 15 of the Missouri Constitution.

All interest received on the gaming commission fund shall be credited to the gaming commission fund.

In each fiscal year, total revenues to the gaming commission fund for the preceding fiscal year shall be compared to total expenditures and transfers from the gaming commission fund for the preceding fiscal year.

The remaining net proceeds in the gaming commission fund shall be distributed in the following manner:

(1) The first five hundred thousand dollars shall be appropriated on a per capita basis to cities and counties that match the state portion and have demonstrated a need for funding community neighborhood organization programs for the homeless and to deter gang-related violence and crimes;

(2) The remaining net proceeds in the gaming commission fund for fiscal year 2013 and each fiscal year thereafter shall be distributed as follows:

(a) The revenue generated by the fee authorized in section 313.820(1) shall be remitted to the Missouri department of natural resources historic preservation revolving fund which shall contract with a charitable organization which is exempt from federal income tax and whose Missouri unrelated business taxable income, in any, would be subject to the state income tax imposed under chapter 143 for the construction of a facility for the acquisition and preservation of artifacts related to Missouri's riverboat heritage.

[(a)](b) The [first] next five million dollar portion shall be transferred to the access Missouri financial assistance fund, established pursuant to the provisions of sections 173.1101 to 173.1107, and additional moneys as annually appropriated by the general assembly shall be appropriated to such fund;

[(b)] (c) The [second] next three million dollar portion shall be transferred to the veterans' commission capital improvement trust fund created in section 42.300;

HCS HB 2989 30 [(c)] (d) The [third] next four million dollar portion shall be transferred to the Missouri National Guard trust fund created in section 41.214, and additional moneys as appropriated by the general assembly may be appropriated to such fund, up to one million five hundred thousand dollars annually;

[(d)](e) The next fifteen million dollar portion shall be transferred to the Missouri department of natural resources historic preservation fund and shall be used to preserve and protect collections of historic artifacts;

(f) Subject to appropriations, one hundred percent of remaining net proceeds in the gaming commission fund, after the appropriations are made pursuant to the provisions of paragraphs (a), (b), and (c) of this subdivision, shall be transferred to the veterans' commission capital improvement trust fund created in section 42.300.

HCS HB 2989 26 (3) "Contest of chance", any contest, game, gaming scheme, or [gaming] gambling device in which the outcome [depends in a material degree upon an] of the contest is determined by any element of chance, notwithstanding that the skill of the contestants may also be a factor therein;

HCS HB 2989 31 (a) He or she operates, plays, or participates in the operation of a gambling device;

[(7)][(7)](6) (6) "Lottery" or "policy", an unlawful gambling scheme in which for a consideration the participants are given an opportunity to win something of value, the award of which is determined by chance;

A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or HCS HB 2989 27 operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein.

[(9)](8)HCS HB 2989 32 [(9)] (8) "Professional player", a player who engages in gambling for a livelihood or who has derived at least twenty percent of his or her income in any one year within the past five years from acting solely as a player;

A device so constructed or readily adaptable or convertible to such use is no less a slot machine or gambling device because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, HCS HB 2989 28 conversion, or workability, nor is it any less a slot machine or gambling device because apart from its use or adaptability as such it may also sell or deliver something of value on a basis other than chance.

A slot machine or gambling device does not include HCS HB 2989 33 licensed video lottery game terminals or video lottery games under sections 313.425 to 313.437;

[(12)][(12)](11) (11) "Something of value", any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge;

[(13)](12)[(13)] (12) "Unlawful", not specifically authorized by law.

Notwithstanding the provisions of section 1.140 to the contrary, the provisions of this section and sections 313.425 to 313.445 shall be nonseverable, and if any HCS HB 2989 29 provision is for any reason held to be invalid, such decision shall invalidate all of the remaining provisions of this section and sections 313.425 and 313.445, as amended by this act.

HCS HB 2989 34 4.

TheAny video lottery game operator or video lottery game retailer with a video lottery game, video lottery terminal, or other gambling device in use prior to the passage of this act or any gambling device that would otherwise be determined to be illegal through the passage of the provisions of this section and sections 313.425 to 313.445 shall notas bea enforceable:condition of continued operation before August 28, 2027, submit to the commission any financial records related to each video lottery game, video lottery terminal, or other gambling device and any records indicating installation, storage, and maintenance of each gambling device at its current physical location.

(1)Such Beforerecords Augustshall 28,be 2028;referred to and reviewed by the office of the attorney general.

or5. (2) During the pendency of any litigation concerning sections 313.425 to 313.445, if such litigation is initiated in a court of competent jurisdiction before August 28, 2028.

Any video lottery game operator or video lottery game retailer described in subsection 5 of this section may elect to remove any video lottery game, video lottery terminal, or other gambling device from the business premises of the video lottery game retail establishment upon the passage of the provisions of this section and sections 313.425 to 313.445.

Any gambling device that is removed shall not be replaced with the same or similar gambling device.

Any gambling device that becomes non-functioning shall be permanently removed from the business premises of the video lottery game retail establishment and shall not be replaced with the same of similar gambling device.

Section633.450. B.

TheThere repealis andhereby reenactmentcreated in the state treasury the "Developmental Disability Community Support Fund", which shall consist of Sectionsmoneys 572.020,received 572.070,by andthe 572.100state treasury pursuant to subdivision (3) of Sectionsubsection A3 of thissection act313.429, shallmoneys becomeappropriated effectiveby onthe Augustgeneral 28,assembly, 2028.or any gifts, grants, donations, or bequests received from federal, private, or other sources.

It is the intent of the general assembly HCS HB 2989 35 that this fund shall provide funding for the ongoing learning, education, and support of individuals with developmental disabilities.

The state treasurer shall be the custodian of the fund.

In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.

The fund shall be a dedicated fund and, upon appropriation, money in the fund shall be used solely for the administration of this section and for providing community services and support to people with developmental disabilities, including, but not limited to, the purchase of services from providers designated by the division of developmental disabilities.

The moneys in the fund shall not be appropriated for the support of the facilities operated by the department of mental health.

The moneys in the fund established in this subsection shall not be appropriated to supplant general revenue dollars appropriated to the division of developmental disabilities for the years prior to the funds passage.

Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.

Any interest and moneys earned on such investments shall be credited to the fund.

SectionB.

The repeal and reenactment of Sections 572.020, 572.070, and 572.100 of Section A of this act shall become effective on August 28, 2027.