SB 64 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.

Rep.Sen.

LonghurstParadee HOUSE& OFSen. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

2Buckson TO& SENATESen. BILL NO.

64Lawson AMEND& SenateSen. Bill No.

64Pettyjohn on& lineSen. 41 by inserting after “Director” as it appears thereon, the following:

“andWalsh the& ControllerRep. General”.

FURTHERBolden AMEND& SenateRep. Bill No.

64Carson on& lineRep. 42 by inserting after “paragraph.” as it appears thereon, the following:

“TheDukes accounting& ofRep. qualified investments must be provided simultaneously with the submission of any application for license fee reduction or other document seeking to utilize the license fee reduction permitted by this paragraph.

TheMorris Director& andRep. the Controller General must both approve the accounting of qualified investments before a license fee reduction under this section is allowed.”.

FURTHERK. AMEND Senate Bill No.

64Williams bySens. inserting the following after line 54:

“(3)Hoffner, TheTownsend; license fee reduction authorized in paragraph (d)(2) of this section may be claimed only by a video lottery agent for a video lottery facility for which there has been no change in beneficial ownership during the calendar year for which the fee reduction is sought.

Reps.

Bush, Cooke, Harris, Phillips, D.

Short DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.

64 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE LOTTERY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 4815, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4815.

State Lottery Fund.

(b) All proceeds, net of proceeds returned to players pursuant to paragraph (b)(1) of this section, from the operation of the video lottery shall be electronically transferred daily or weekly at the discretion of the Lottery Director into a designated State Lottery account by the agent, and transferred to the State Lottery Fund by the Lottery on a daily or weekly basis and shall be applied as follows:

(3) a.

Proceeds returned to the State.

— Except as otherwise provided by this paragraph, of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, there shall be returned to the State 42½%, less any qualified capital expenditure adjustment provided for in this paragraph.

For licensees which conducted 40 or fewer (but at least 1) days of live harness horse races during 1992, should such licensees’ video lottery proceeds, net of proceeds returned to players, at the end of any fiscal year fall below $107,500,000, then, in the subsequent fiscal year, there shall be returned to the State 41½% of amounts remaining after all payments under paragraphs (b)(1) and (b)(2) of this section, less any qualified capital expenditure adjustment provided for in this paragraph.

3.

Any amounts incurred or paid in any single year which exceed the 3% required for the adjustment under paragraph (b)(3)a.1.

of this section may be carried forward for no more than 2 years.

years, except that amounts used to reduce the license fee under § 4819(d)(2) of this title may not also be carried forward.

ThisAmend Act§ sunsets4819, 1Title year29 fromof [thethe effectiveDelaware dateCode ofby thismaking Act]deletions unlessas renewedshown orby extendedstrike bythrough aand subsequentinsertions Actas ofshown theby Generalunderline Assembly.”.as follows:

SYNOPSIS§ This4819. amendment requires that an accounting of qualified investments be delivered to the Controller General as well as to the Lottery Director and that no license fee reduction is allowed unless the Controller General and the Lottery Director both approve the accounting.

ItRestrictions furtheron provideslocation thatand theuse reductionof is available only for a video lottery facilityand forsports whichlottery themachines; beneficial ownership remained the same during the year in which the license fee reduction is sought.

Finally,fees. the amendment provides that this Act will sunset 1 year from its effective date absent further action of the General Assembly.

HDLC :

KLMJC :

MAWCM Page 1 of 13 Released:

05/18/202303/09/2023 12:3304:44 PM 2141520132(d) (1) For Except as otherwise provided in paragraph (d)(2) of this section, for the privilege of hosting the operation of table games, the State shall collect from the video lottery agents for the benefit of the General Fund, for each fiscal year after June 30, 2018, 2023, license fees totaling $3,000,000, to be paid no later than June 1 of the preceding fiscal year, June 1, and to be allocated among the video lottery agents offering table games as follows:

Each video lottery agent’s license fee shall be the portion of $3,000,000 that is equal to the percentage of gross table game revenue generated at that video lottery facility in the preceding fiscal year calendar year immediately preceding the license fee due date out of the total gross table game revenue generated at all video lottery facilities in the preceding fiscal year.calendar year immediately preceding the license fee due date.