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Session of 2026
SENATE BILL No. 376
By Committee on Federal and State Affairs
1-26
AN ACT concerning crimes, punishment and criminal procedure; relating
to gambling devices; changing the age for determining when a slot
machine is an antique for purposes of exempting such device from
criminal gambling statutes; amending K.S.A. 21-6407 and 21-6408 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-6407 is hereby amended to read as follows: 21-
6407. (a) Dealing in gambling devices is manufacturing, distributing or
possessing with intent to distribute any gambling device or sub-assembly
or essential part thereof.
(b) Dealing in gambling devices is a severity level 8, nonperson
felony.
(c) Proof of possession of any device designed exclusively for
gambling purposes, which that device is not set up for use or which that is
not in a gambling place, creates a presumption of possession with intent to
distribute.
(d) It shall be a defense to a prosecution under this section that:
(1) The gambling device is an antique slot machine and that the
antique slot machine was not operated for gambling purposes while in the
owner's or the defendant's possession. A slot machine shall be deemed an
antique slot machine if it such machine was manufactured not less than 50
years prior to the year 1950 date the offense was committed; or
(2) the gambling device or sub-assembly or essential part thereof is
manufactured, distributed or possessed by a manufacturer registered under
the federal gambling devices act of 1962 (, 15 U.S.C. § 1171 et seq.), or a
transporter under contract with such manufacturer with intent to distribute
for use:
(A) By the Kansas lottery or Kansas lottery retailers as authorized by
law and rules and regulations adopted by the Kansas lottery commission;
(B) by a licensee of the Kansas racing commission as authorized by
law and rules and regulations adopted by the commission;
(C) in a state other than the state of Kansas; or
(D) in tribal gaming.
Sec. 2. K.S.A. 21-6408 is hereby amended to read as follows: 21-
6408. (a) It shall be unlawful for any person to possess a gambling device.
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SB 376 2
(b) Violation of this section is a class B nonperson misdemeanor.
(c) It shall be a defense to a prosecution under this section that:
(1) The gambling device is an antique slot machine and that the
antique slot machine was not operated for gambling purposes while in the
owner's or the defendant's possession. A slot machine shall be deemed an
antique slot machine if it such machine was manufactured not less than 50
years prior to the year 1950 date the offense was committed; or
(2) the gambling device is possessed or under custody or control of a
manufacturer registered under the federal gambling devices act of 1962 (,
15 U.S.C. § 1171 et seq. ), or a transporter under contract with such
manufacturer with intent to distribute for use:
(A) By the Kansas lottery or Kansas lottery retailers as authorized by
law and rules and regulations adopted by the Kansas lottery commission;
(B) by a licensee of the Kansas racing commission as authorized by
law and rules and regulations adopted by the commission;
(C) in a state other than the state of Kansas; or
(D) in tribal gaming.
Sec. 3. K.S.A. 21-6407 and 21-6408 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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