HOUSE BILL NO. 2919 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SASSMANN.
6597H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 313.805, 313.820, and 313.835, RSMo, and to enact in lieu thereof three new sections relating to the Missouri gaming commission.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 313.805, 313.820, and 313.835, RSMo, are repealed and three 2 new sections enacted in lieu thereof, to be known as sections 313.805, 313.820, and 313.835, 3 to read as follows: 313.805. The commission shall have full jurisdiction over and shall supervise all 2 gambling operations governed by sections 313.800 to 313.850. The commission shall have 3 the following powers and shall promulgate rules and regulations to implement sections 4 313.800 to 313.850: 5 (1) To investigate applicants and determine the priority and eligibility of applicants 6 for a license and to select among competing applicants for a license the applicant which best 7 serves the interests of the citizens of Missouri; 8 (2) To license the operators of excursion gambling boats and operators of gambling 9 games within such boats, to identify occupations within the excursion gambling boat 10 operations which require licensing, and adopt standards for licensing the occupations 11 including establishing fees for the occupational licenses and to license suppliers; 12 (3) To adopt standards under which all excursion gambling boat operations shall be 13 held and standards for the facilities within which the gambling operations are to be held. 14 Notwithstanding the provisions of chapter 311 to the contrary, the commission may authorize 15 the operation of gambling games on an excursion gambling boat which is also licensed to sell 16 or serve alcoholic beverages, wine, or beer. The commission shall regulate the wagering
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2919 2
17 structure for gambling excursions, provided that the commission shall not establish any 18 regulations or policies that limit the amount of wagers, losses, or buy-in amounts; 19 (4) To enter the premises of excursion gambling boats, facilities, or other places of 20 business of a licensee within this state to determine compliance with sections 313.800 to 21 313.850; 22 (5) To investigate alleged violations of sections 313.800 to 313.850 or the 23 commission rules, orders, or final decisions; 24 (6) To assess any appropriate administrative penalty against a licensee, including, but 25 not limited to, suspension, revocation, and penalties of an amount as determined by the 26 commission up to three times the highest daily amount of gross receipts derived from 27 wagering on the gambling games, whether unauthorized or authorized, conducted during the 28 previous twelve months as well as confiscation and forfeiture of all gambling game 29 equipment used in the conduct of unauthorized gambling games. Forfeitures pursuant to this 30 section shall be enforced as provided in sections 513.600 to 513.645; 31 (7) To require a licensee, an employee of a licensee or holder of an occupational 32 license to remove a person violating a provision of sections 313.800 to 313.850 or the 33 commission rules, orders, or final orders, or other person deemed to be undesirable from the 34 excursion gambling boat or adjacent facilities; 35 (8) To require the removal from the premises of a licensee, an employee of a licensee, 36 or a holder of an occupational license for a violation of sections 313.800 to 313.850 or a 37 commission rule or engaging in a fraudulent practice; 38 (9) To require all licensees to file all financial reports required by rules and 39 regulations of the commission; 40 (10) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum 41 for the production of books, records, and other pertinent documents, and to administer oaths 42 and affirmations to the witnesses, when, in the judgment of the commission, it is necessary to 43 enforce sections 313.800 to 313.850 or the commission rules; 44 (11) To keep accurate and complete records of its proceedings and to certify the 45 records as may be appropriate; 46 (12) To ensure that the gambling games are conducted fairly. No gambling device 47 shall be set to pay out less than eighty percent of all wagers; 48 (13) To require all licensees of gambling game operations to use a cashless wagering 49 system whereby all players' money is converted to physical or electronic tokens, electronic 50 cards, or chips which only can be used on the excursion gambling boat; 51 (14) To require excursion gambling boat licensees to develop a system, approved by 52 the commission, that allows patrons the option to prohibit the excursion gambling boat 53 licensee from using identifying information for marketing purposes. The provisions of this HB 2919 3
54 subdivision shall apply only to patrons giving identifying information for the first time. Such 55 system shall be submitted to the commission by October 1, 2000, and approved by the 56 commission by January 1, 2001. The excursion gambling boat licensee shall use identifying 57 information obtained from patrons who have elected to have marketing blocked under the 58 provisions of this section only for the purposes of enforcing the requirements contained in 59 sections 313.800 to 313.850. This section shall not prohibit the commission from accessing 60 identifying information for the purposes of enforcing section 313.004 and sections 313.800 to 61 313.850; 62 (15) To determine which of the authorized gambling games will be permitted on any 63 licensed excursion gambling boat; 64 (16) The commission shall base its decision to license excursion gambling boats on 65 any of the following criteria: the docking location or the excursion cruise could cause danger 66 to the boat's passengers, violate federal law or the law of another state, or cause disruption of 67 interstate commerce or possible interference with railway or barge transportation. The 68 commission shall consider economic feasibility or impact that would benefit land-based 69 development and permanent job creation. The commission shall not discriminate among 70 applicants for excursion gambling boats that are similarly situated with respect to the criteria 71 set forth in this section; 72 (17) The commission shall render a finding or findings concerning the transition from 73 a boat, barge, or floating facility to a nonfloating facility within thirty days after a hearing on 74 any request from an applicant or existing licensee. Such hearing may be held prior to any 75 final action on licensing to assist an applicant and any city or county in the finalizing of their 76 economic development plan; 77 (18) To require any applicant for a license or renewal of a license to operate an 78 excursion gambling boat to provide an affirmative action plan which has as its goal the use of 79 best efforts to achieve maximum employment of African-Americans and other minorities and 80 maximum participation in the procurement of contractual purchases of goods and services. 81 This provision shall be administered in accordance with all federal and state employment 82 laws, including Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act 83 of 1991. At license renewal, the licensee will report on the effectiveness of the plan. The 84 commission shall include the licensee's reported information in its annual report to the joint 85 committee on gaming and wagering; 86 (19) To annually adjust the admission fee imposed pursuant to section 313.820 87 for inflation; and 88 (20) To take any other action as may be reasonable or appropriate to enforce sections 89 313.800 to 313.850 and the commission rules. HB 2919 4
313.820. 1. An excursion boat licensee shall pay to the commission an admission fee 2 of two dollars, as adjusted for inflation, for each person embarking on an excursion 3 gambling boat with a ticket of admission. [One dollar] Fifty percent of such fee shall be 4 deposited to the credit of the gaming commission fund as authorized pursuant to section 5 313.835, and [one dollar] fifty percent of such fee shall not be considered state funds and 6 shall be paid to the home dock city or county. Subject to appropriation, one cent of such fee 7 deposited to the credit of the gaming commission fund may be deposited to the credit of the 8 compulsive gamblers fund created pursuant to the provisions of section 313.842. Nothing in 9 this section shall preclude any licensee from charging any amount deemed necessary for a 10 ticket of admission to any person embarking on an excursion gambling boat. If tickets are 11 issued which are good for more than one excursion, the admission fee shall be paid to the 12 commission for each person using the ticket on each excursion that the ticket is used. If free 13 passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to 14 the commission the same fee upon these passes or complimentary tickets as if they were sold 15 at the regular and usual admission rate; however, the excursion boat licensee may issue fee- 16 free passes to actual and necessary officials and employees of the licensee or other persons 17 actually working on the excursion gambling boat. The issuance of fee-free passes is subject 18 to the rules of the commission, and a list of all persons to whom the fee-free passes are issued 19 shall be filed with the commission. 20 2. All licensees are subject to all income taxes, sales taxes, earnings taxes, use taxes, 21 property taxes or any other tax or fee now or hereafter lawfully levied by any political 22 subdivision; however, no other license tax, permit tax, occupation tax, excursion fee, or taxes 23 or fees shall be imposed, levied or assessed exclusively upon licensees by a political 24 subdivision. All state taxes not connected directly to gambling games shall be collected by 25 the department of revenue. Notwithstanding the provisions of section 32.057 to the contrary, 26 the department of revenue may furnish and the commission may receive tax information to 27 determine if applicants or licensees are complying with the tax laws of this state; however, 28 any tax information acquired by the commission shall not become public record and shall be 29 used exclusively for commission business. 313.835. All revenue received by the commission from license fees, penalties, 2 administrative fees, reimbursement by any excursion gambling boat operators for services 3 provided by the commission and admission fees authorized pursuant to the provisions of 4 sections 313.800 to 313.850, except that portion of the admission fee, not to exceed one cent, 5 that may be appropriated to the compulsive gamblers fund as provided in section 313.820, 6 shall be deposited in the state treasury to the credit of the "Gaming Commission Fund" which 7 is hereby created for the sole purpose of funding the administrative costs of the commission, 8 subject to appropriation. Moneys deposited into this fund shall not be considered proceeds of HB 2919 5
9 gambling operations. Moneys deposited into the gaming commission fund shall be 10 considered state funds pursuant to Article IV, Section 15 of the Missouri Constitution. All 11 interest received on the gaming commission fund shall be credited to the gaming commission 12 fund. In each fiscal year, total revenues to the gaming commission fund for the preceding 13 fiscal year shall be compared to total expenditures and transfers from the gaming commission 14 fund for the preceding fiscal year. The remaining net proceeds in the gaming commission 15 fund shall be distributed in the following manner: 16 (1) The first five hundred thousand dollars shall be appropriated on a per capita basis 17 to cities and counties that match the state portion and have demonstrated a need for funding 18 community neighborhood organization programs for the homeless and to deter gang-related 19 violence and crimes; 20 (2) The remaining net proceeds in the gaming commission fund for fiscal year 2013 21 and each fiscal year thereafter shall be distributed as follows: 22 (a) The first five million dollar portion shall be transferred to the access Missouri 23 financial assistance fund, established pursuant to the provisions of sections 173.1101 to 24 173.1107, and additional moneys as annually appropriated by the general assembly shall be 25 appropriated to such fund; 26 (b) The second three million dollar portion shall be transferred to the veterans' 27 commission capital improvement trust fund created in section 42.300; 28 (c) The third four million dollar portion shall be transferred to the Missouri National 29 Guard trust fund created in section 41.214, and additional moneys as appropriated by the 30 general assembly may be appropriated to such fund, up to one million five hundred thousand 31 dollars annually; 32 (d) The fourth fifteen million dollar portion shall be transferred to the Missouri 33 department of natural resources historic preservation fund and shall be used to preserve 34 and protect collections of historic artifacts; 35 (e) Subject to appropriations, one hundred percent of remaining net proceeds in the 36 gaming commission fund, after the appropriations are made pursuant to the provisions of 37 paragraphs (a), (b), and (c) of this subdivision, shall be transferred to the veterans' 38 commission capital improvement trust fund created in section 42.300. ✔
Statutes affected: