Modifies provisions relating to gaming

SECOND REGULAR SESSION
[PERFECTED WITH PERFECTING AMENDMENT]
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2989
103RD GENERAL ASSEMBLY
6459H.03D JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal sections 313.805, 313.820, 313.835, 572.010, 572.020, 572.070, and 572.100,
RSMo, and to enact in lieu thereof twenty-five new sections relating to gaming, with
penalty provisions and a delayed effective date for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 313.805, 313.820, 313.835, 572.010, 572.020, 572.070, and
2 572.100, RSMo, are repealed and twenty-five new sections enacted in lieu thereof, to be
3 known as sections 27.180, 43.375, 313.425, 313.427, 313.429, 313.431, 313.433, 313.435,
4 313.437, 313.438, 313.439, 313.440, 313.441, 313.442, 313.443, 313.444, 313.445, 313.805,
5 313.820, 313.835, 572.010, 572.020, 572.070, 572.100, and 633.450, to read as follows:
27.180. There is hereby created in the state treasury the "Illegal Gaming
2 Enforcement Fund", which shall consist of moneys received by the state treasury
3 pursuant to subdivision (3) of subsection 3 of section 313.429 or other funds so
4 appropriated. The state treasurer shall be custodian of the fund. In accordance with
5 sections 30.170 and 30.180, the state treasurer may approve disbursements. Moneys in
6 the fund shall be used by the attorney general, prosecutors, and law enforcement to
7 investigate, enforce, charge, and prosecute violations of chapter 572. Notwithstanding
8 the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the
9 end of the biennium shall not revert to the credit of the general revenue fund. The state
10 treasurer shall invest moneys in the fund in the same manner as other funds are
11 invested. Any interest and moneys earned on such investments shall be credited to the
12 fund.
43.375. 1. Notwithstanding the requirements of section 43.380, the Missouri
2 state highway patrol may investigate violations of chapter 572 and any other criminal
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.
3 offenses stemming fr om or relat ed to video lottery games or other illegal gambling
4 activity .
5 2. T o facilitate investigations under this section, the highway patrol shall have at
6 least one investigator per tro op region who shall focus on investigations under this
7 section. Investigators assigned under this subsection may be assigned other duties as the
8 superintendent sees fit, so long as a majority of their time rem ains focused on
9 enfor cement under this section.
10 3. Subject to appr opriations, investigators under this section shall be funded
11 primarily by moneys rece ived fr om the illegal gaming enforcem ent fund. The Missouri
12 lottery commission shall prov ide funding for expenses that ar e rea sonably relat ed to the
13 enfor cement of this section. Investigators under this section shall not be subject to the
14 cap in subsection 1 of section 43.050.
15 4. Notwithstanding any other pr ovision of law , the Missouri lottery commission
16 is authorized to share files in the possession of the commission with the highway patr ol
17 in furtherance of activities under this section.
18 5. The superintendent of the highway patrol may enter into a cooperative
19 agr eement with the Missouri lottery commission for the purpose of conducting
20 backgr ound investigations for licenses issued by the commission under chapter 313, as
21 well as any other activities ancillary to criminal investigations under this section, in a
22 manner agr eeable to both parties. The Missouri lottery commission may make transfers
23 fr om the state lottery fund or other appr opriations to the Missouri state highway patr ol
24 gambling crimes investigation fund for services under such cooperative agr eement, in
25 accordance with applicable spending authorities.
26 6. Ther e is her eby cr eated in the state tr easury the "Missouri State Highway
27 Patr ol Gambling Crimes Investigation Fund", which shall consist of the following:
28 (1) Moneys transferred to the fund pursuant to section 313.429;
29 (2) Funds appr opriated by the legislature for such purpose;
30 (3) Funds transferr ed fr om the state lottery fund or other appr opriations
31 pursuant to a cooperative agreement under this section.
32 7. The Missouri state highway patrol gambling crimes investigation fund shall be
33 utilized for:
34 (1) Expenses incurr ed rela ting to employing and equipping investigators
35 assigned under this section, except that any funds utilized for these purposes shall be in
36 addition to funds under subsection 2 of section 43.370; and
37 (2) Expenses for equipment, training, travel, or other personnel costs with a
38 discernible nexus to criminal gambling enforcem ent or the cooperative agreemen t under
39 this section.
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40 8. The state trea sur er shall be custodian of the Missouri state highway patr ol
41 gambling crimes investigation fund. Notwithstanding the pr ovisions of section 33.080 to
42 the contrary , any moneys rem aining in the fund at the end of the biennium shall not
43 r evert to the cred it of the general revenu e fund. The state tr easur er shall invest moneys
44 in the fund in the same manner as other funds are invested. Any inter est and moneys
45 earned on such investments shall be credited to the fund.
46 9. Nothing in this section shall be read to give the highway patrol any authority
47 to conduct regu latory compliance activities on behalf of the commission except wher e
48 expr essly pr ovided for .
313.425 . Sections 313.425 to 313.445 shall be known and may be cited as the
2 "Missouri V ideo Lottery Regulatory Act" and shall pr ovide additional funding for
3 Missouri education pr ograms and additional res ource s for Missouri municipalities and
4 counties by establishing a licensing and re gulatory framework for a system of video
5 lottery game terminals to conduct video lottery games.
313.427 . As used in sections 313.425 to 313.445, the following terms shall mean:
2 (1) "Adjusted gross gaming r evenue", the amount of reven ue generated by a
3 video lottery game terminal that is r emaining after:
4 (a) Payment of winnings to players; and
5 (b) Deduction by the commission of that amount necessary to pay direct
6 administrative costs for the operation of the central contr ol system, but before
7 deduction of the adjusted gross gaming rev enue tax;
8 (2) "Adjusted gr oss gaming r evenue tax", a tax of thirty-one perc ent imposed on
9 adjusted gross gaming rev enue;
10 (3) "Central contro l system", a computer system developed or proc ured by the
11 commission that connects all video lottery game terminals, r edemption terminals, and
12 other necessary equipment using standard industry pro tocols capable of monitoring
13 activity on a video lottery game terminal, r edemption terminal, and other necessary
14 equipment, and that can activate or deactivate a video lottery gaming terminal;
15 (4) "Commission" or "lottery commission", the state lottery commission
16 appointed by the governor to manage and oversee the lottery under section 313.215;
17 (5) "Department", the Missouri department of r evenue;
18 (6) "Municipality and county administration tax", a tax of thr ee percen t
19 imposed on adjusted gr oss gaming reven ue;
20 (7) "Net terminal income", the amount of adjusted gross gaming reven ue
21 r emaining after deduction of the gr oss gaming rev enue tax and municipality and county
22 administration tax, which shall be divided equally between the video lottery game
23 operator and the video lottery game ret ailer;
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24 (8) "Person", an individual, partnership, corporation, or limited liability
25 company;
26 (9) "Use agreement", a contract executed by and between a video lottery game
27 operator and a video lottery game r etailer , appr oved by the commission containing
28 minimum terms and conditions determined by the commission establishing the right of
29 the video lottery game operator to place and operate video lottery game terminals on the
30 pr emises of a video lottery game r etailer;
31 (10) "V ideo lottery game", any game appr oved by the commission for play on a
32 video lottery game terminal;
33 (1 1) "V ideo lottery game distributor", a person licensed by the commission who
34 distributes video lottery games, video lottery game terminals, re demption terminals,
35 ancillary equipment, or parts and components for video lottery gaming terminals
36 appr oved by the commission for sale to video lottery game distributors or video lottery
37 game operators;
38 (12) "V ideo lottery game handler", a person licensed by the commission and
39 employed by a video lottery game operator to handle, place, operate, and service video
40 lottery game terminals, r edemption terminals, and ancillary equipment;
41 (13) "V ideo lottery game manufactur er", a person licensed by the commission
42 who manufactur es video lottery games, video lottery game terminals, r edemption
43 terminals, ancillary equipment, or parts and components for video lottery game
44 terminals or video lottery games appr oved by the commission for sale to video lottery
45 game operators and video lottery game distributors;
46 (14) "V ideo lottery game operator", a person licensed by the commission who
47 owns, ren ts, or leases video lottery games and video lottery game terminals for
48 placement and operation at the business pr emises of a licensed video lottery game
49 r etailer;
50 (15) "V ideo lottery game red emption terminal" or "r edemption terminal", the
51 collective hardware , softwar e, and other ancillary equipment appro ved by the
52 commission used to r edeem a video lottery game ticket for cash;
53 (16) "V ideo lottery game ret ailer", a person licensed by the commission to enter
54 into use agr eements with video lottery game operators for the placement of video lottery
55 game terminals at the business pr emises of the licensed video lottery game ret ailer who
56 meets the requi rem ents of a lottery game r etailer under section 313.260. No person with
57 a primary purpose of pr oviding entertainment, activities, or educational services to
58 anyone under the age of twenty-one shall be licensed as a video lottery game reta iler;
59 (17) "V ideo lottery game terminal", any device that, thr ough an electr onic,
60 mechanical, or electr omechanical pr ocess, including thr ough the use of any application,
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61 softwar e, or other system that accepts legal tender , cr edits or tickets, or forms of digital
62 curr ency to play , and thr ough which is used to generate a prize of money or form of
63 cr edit that can be redeemed for money or another form of monetary payment that is
64 pr esented to the player by a set or combination of alphanumeric symbols or lines of
65 symbols that determine the amount of the prize, r egardless of the operating system that
66 determined the prize;
67 (18) "V ideo lottery game terminal credi t", cred its either pur chased or won on a
68 video lottery game terminal that may be used to play video lottery games or be
69 converted into a video lottery game ticket;
70 (19) "V ideo lottery game ticket", a document printed or pr ovided electr onically
71 by a video lottery game terminal at the conclusion of any video lottery game play or
72 series of plays that may be r edeemed for cash at a red emption terminal located on the
73 pr emises of the video lottery game reta iler , or that may be re inserted into a video lottery
74 game terminal for video lottery game play on the premis es of the video lottery game
75 r etailer wher e such ticket was issued.
313.429 . 1. (1) The commission shall implement a system of video lottery game
2 terminals and issue licenses to video lottery game manufactur ers, video lottery game
3 distributors, video lottery game operators, video lottery game handlers, and video
4 lottery game ret ailers; pr ovided, however , that:
5 (a) No person licensed as a video lottery game manufactur er or a video lottery
6 game distributor shall be issued a license as a video lottery game operator or video
7 lottery game ret ailer;
8 (b) No person licensed as a video lottery game operator shall be issued a license
9 as a video lottery game manufactur er , video lottery game distributor , or video lottery
10 game ret ailer;
11 (c) No person licensed as a video lottery game ret ailer shall be issued a license as
12 a video lottery game manufactur er , video lottery game distributor , or video lottery game
13 operator .
14 (2) Nothing in this subsection shall pr event a video lottery game manufactur er or
15 a video lottery gaming distributor fr om being licensed as both a video lottery game
16 manufactur er and a video lottery game distributor . Nothing in this subsection shall
17 pr event a video lottery game manufactur er or a video lottery game distributor fr om
18 contracting with the commission to provi de or operate the central contro l system.
19 (3) The commission shall not authorize or allow a single video lottery game
20 manufactur er or video lottery game distributor as the sole or exclusive manufactur er or
21 distributor of video lottery game terminals, video lottery games, or r edemption
22 terminals in Missouri.
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23 (4) The commission shall ensure that the video lottery game system authorized
24 by sections 313.425 to 313.437 shall allow for multiple video lottery game
2 5 manufactur ers, video lottery game distributors, video lottery game operators, and
26 video lottery game re tailers to encourage private sector investment and job
2 7 opportunities for Missouri citizens.
28 2. V ideo lottery game terminals and video lottery games shall meet independent
29 testing standards appr oved by the commission, as tested by one or mor e licensed
30 independent test labs. The commission shall promulg ate rules for minimum standards
31 for video lottery game terminals, video lottery games, and rede mption terminals. Such
32 minimum standards shall include:
33 (1) V ideo lottery game terminals shall conform to all requ irem ents of federal law
34 and regul ations, including FCC Class A Emission Standards;
35 (2) V ideo lottery game terminals and video lottery games shall theore tically pay
36 out a mathematically demonstrable per centage during the expected lifetime of the
37 terminal of all amounts played, which shall not be less than eighty per cent. The
38 commission shall establish a maximum payout percen tage for appr oved models by rule.
39 V ideo lottery game terminals that may be affected by skill shall meet this standard when
40 using a method of play that will pr ovide the gr eatest ret urn to the player over a period
41 of continuous play;
42 (3) V ideo lottery game terminals shall use a random number generator
43 computer , software, or similar random selection pr ocess to generate and pr oduce an
44 independent and random outcome of each play of a video lottery game. The random
45 selection pr ocess shall meet ninety-nine per cent confidence limits using a standard chi-
46 squar ed test for goodness of fit;
47 (4) V ideo lottery game terminals shall display an accurate r epresent ation of the
48 video lottery game outcome;
49 (5) V ideo lottery game terminals shall not automatically alter pay tables or any
50 function of the video lottery game terminal based on internal computation of hold
51 per centage or have any means of manipulation that affects the random selection pro cess
52 or pr obabilities of winning a game;
53 (6) V ideo lottery game terminals shall not be adversely affected by static
54 discharge or other electr omagnetic interfer ence;
55 (7) V ideo lottery game terminals shall, while in an idle state or on demand, be
56 capable of detecting and displaying "power res et", "door open", and "door just
57 closed";
58 (8) V ideo lottery game terminals shall have the capacity to display complete play
59 history including, but not limited to, outcome, intermediate play steps, credits available,
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60 bets placed, credi ts paid, and credits cashed out, for the most recent game played and
61 ten games played immediately prior ther eto;
62 (9) The theor etical payback percen tage of a video lottery game terminal shall not
63 be capable of being changed without making a hardware or software change in the video
64 lottery game terminal, either on site or thr ough the central control system;
65 (10) V ideo lottery game terminals shall be designed so that repla cement of parts
66 or modules req uir ed for normal maintenance does not necessitate repl acement of the
67 electr omechanical meters;
68 (1 1) V ideo lottery game terminals shall have one or mor e mechanisms that
69 accept cash in the form of bills and accepting tickets. The mechanisms shall be designed
70 to pr event obtaining credits without paying by stringing, slamming, drilling, or other
71 means. If such attempts at physical tampering are made, the video lottery game
72 terminal shall suspend itself fr om operating until res et;
73 (12) V ideo lottery game terminals shall have accounting software that keeps an
74 electr onic record of information including, but not limited to, total cash inserted, value
75 of winning tickets claimed by players, total credi ts played, total cr edits awarded by a
76 video lottery game terminal, and payback percen tage cred ited to players of each video
77 lottery game;
78 (13) V ideo lottery game terminals shall be capable of issuing and accepting
79 tickets for play , commonly known as "ticket-in ticket-out". V ideo lottery game
80 terminals shall not dir ectly dispense anything of value except for tickets rep res enting
81 cr edits pur chased or won on a video lottery game terminal. The ticket shall indicate the
82 total amount of award, the time of day in a twenty-four -hour format showing hours and
83 minutes, the date, the video lottery game terminal serial number , the sequential number
84 of the ticket, and an encrypted validation number fr om which the validity of the prize
85 may be determined;
86 (14) V ideo lottery game terminals and redempt ion terminals shall be connected
87 to the central contro l system appr oved by the commission. The commission shall
88 pr ovide licensed video lottery game operators with the necessary pr otocols to connect
89 video lottery game terminals to the central control system after such video lottery game
90 terminals have been appr oved by the commission. No video lottery game terminal shall
91 be placed in operation without first connecting to the central control system and shall
92 r emain connected to the central contr ol system at all times a video lottery game terminal
93 is made available for play;
94 (15) The commission shall adopt rules to identify the location, by municipality
95 and county , of each video lottery game terminal being operated in the state and
96 connected to the central contr ol system. The commission shall adopt rules to maintain a
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97 curr ent list of such information, and shall pr ovide said list to the department of reven ue
98 to ensure accurate taxation and r eporting; and
99 (16) No device that was pr eviously determined to be an illegal gambling machine
100 by the commission shall be licensed as a video lottery game terminal.
101 3. (1) The commission shall impose an initial nonr efundable administrative
102 license application fee that shall be submitted when the application is filed and deposited
103 in the state lottery fund as follows:
104 (a) For video lottery game manufactur ers and video lottery game distributors,
105 twenty-five thousand dollars;
106 (b) For video lottery game operators, one hundred thousand dollars;
107 (c) For video lottery game ret ailer establishments, one thousand dollars for each
108 video lottery game r etailer establishment; and
109 (d) For video lottery game handlers, one hundr ed dollars.
110 (2) The initial license shall be for a period of one year . Therea fter , ren ewals of
111 such license shall be for a period of four years. Subsequent to the initial one-year
112 period, anyone licensed pursuant to this subsection shall submit an annual
1 1 3 nonr efundable fee to be deposited in the state lottery fund. Such fee shall be paid as
114 follows:
115 (a) Five thousand dollars for video lottery game manufactur ers and video lottery
116 game distributors;
117 (b) Fifty thousand dollars for video lottery game operators;
118 (c) One hundred dollars for video lottery game handlers; and
119 (d) One thousand dollars for each establishment owned and operated by a video
120 lottery game ret ailer .
121 (3) In addition to any other fees imposed by sections 313.425 to 313.445, an
122 annual nonr efundable administrative fee of one thousand two hundred fifty dollars shall
123 be paid to the department for each video lottery game terminal placed in service, and
124 shall be deemed an administrative fee on the device itself and not on the operation or
125 play ther eof. Such annual administrative fee shall be equally divided and paid by the
126 video lottery game operator and the video lottery game ret ailer to the department once
127 per year . The department shall r emit two hundred dollars of the fee to the commission,
128 which shall deposit such fee in the state lottery fund. The rem aining eight hundr ed
129 dollars of such fee shall be rem itted to the illegal gaming enfor cement fund, which the
130 state tr easurer shall pay as follows:
131 (a) One hundred dollars shall be transmitted to the Missouri state highway
132 patr ol for use in investigations and enforcem ent of sections 313.425 to 313.445;
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133 (b) Fifty dollars shall be transmitted to the Missouri attorney general's office for
134 use in illegal gambling enforcem ent;
135 (c) Fifty dollars shall be transmitted to the Missouri prosecutors pension fund;
136 (d) Four hundr ed dollars shall be transmitted to the Missouri veterans
137 commission;
138 (e) T wo hundred dollars shall be transmitted to the municipality in which the
139 video lottery game terminal is located, except that if a video lottery game terminal is
140 located in an unincorporated ar ea of a county , the two hundred dollars shall be
141 transmitted to the county in which the video lottery game terminal is located; and
142 (f) T wo hundr ed fifty dollars shall be transmitted to the developmental disability
143 community support fund.
144 (4) No license shall be issued to any person who has been convicted of a felony or
145 any crime involving illegal gambling.
146 (5) A licensee shall notify the commission of any change r elating to the status of
147 its license or any other information contained in the application materials on file with
148 the commission.
149 4. Licensed video lottery game operators and licensed video lottery game
150 r etailers shall enter into a use agreement for the placement of video lottery game
151 terminals. The video lottery game operator shall provi de a true and accurate copy of
152 the executed use agr eement to the video lottery game ret ailer within ten days after
153 execution of the use agre ement by the parties. The use agr eement shall be on a form
154 appr oved by the commission. The use agr eement shall contain commerc ially reas onable
155 terms including, but not limited to, the following minimum r equir ements:
156 (1) An equal division of net terminal income between a video lottery game
157 operator and video lottery game reta iler;
158 (2) A req uirement that the video lottery game operator is to be res ponsible for
159 collection, r emittance, and disbursement of gross gaming rev enue, gr oss gaming reven ue
160 tax, and net terminal income;
161 (3) An affirmative statement that no inducement was offered , prop osed, or
162 accepted by either the video lottery game operator or the video lottery game reta iler
163 r egarding the placement or operation of video lottery game terminals at the pr emises of
164 the video lottery game ret ailer;
165 (4) An indemnity and hold harmless pro vision on behalf of the state, the
166 commission, and its agents r elative to any cause of action arising out of the use
167 agr eement between a video lottery game operator and a video lottery game r etailer;
168 (5) A pro hibition on the assignment of the agr eement fr om or to any person
169 except fr om a video lottery game operator to another video lottery game operator or
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170 fr om a video lottery game ret ailer to another video lottery game ret ailer , and pr oviding
171 that all use agre ements shall be otherwise fr eely assignable;
172 (6) A release of the video lottery game ret ailer fr om any continuing contractual
173 obligation to the video lottery game operator if the video lottery game operator has its
174 license r evoked or denied, has its renew al denied, or surrend ers its license;
175 (7) A pr ovision that the parties agr ee to modify the agr eement to the extent
176 necessary to comply with a change in Missouri law or commission rules;
177 (8) A term not to exceed five years and shall not contain any automatic renew al
178 or extension of any such term; and
179 (9) Pr ovisions appr oved by the commission.
180 5. No video lottery game ret ailer shall enter into a use agr eement with mor e than
181 one video lottery game operator at any time. Only upon termination of a use agreement
182 with a video lottery game operator may a video lottery game reta iler enter into a new
183 use agr eement with a differ ent video lottery game operator .
184 6. All licensees shall r emain subject to all income taxes, pr operty taxes, sales
185 taxes, and use taxes lawfully assessed by this state, or any municipality , county , or other
186 political subdivision of this state; pro vided, however , that a municipality , county , or
187 other political subdivision of this state shall not impose, levy , collect, or assess any
188 license r equir ement, tax, or fee including, but not limited to, any permit tax or fee,
189 sticker fee, occupation tax or fee, amusement tax or fee, or taxes or fees upon the play ,
190 use, ownership, lease, placement, operation, repai r , service, transportation, or storage of
191 any video lottery game terminal, video lottery game, video lottery game manufactur er ,
192 video lottery game distributor , video lottery game operator , or video lottery game
193 r etailer . Nothing in this section shall pr event a political subdivision fr om levying a fee
194 upon a video lottery game ret ailer of not mor e than two hundred fifty dollars, and such
195 fee shall be divided equally between the video lottery game r etailer and the video lottery
196 game operator; provi ded, however , that all reve nues generated fr om the levying of such
197 fees shall be deposited into the general rev enue fund of the political subdivision.
198 7. (1) V ideo lottery game terminals shall be inspected and appr oved by the
199 commission prior to being sold, leased, or transferred .
200 (2) V ideo lottery game manufactur ers and video lottery game distributors may
201 buy , sell, or lease new or ref urbished video lottery game terminals to and fr om video
202 lottery game manufactur ers, video lottery game distributors, and video lottery game
203 operators.
204 (3) Redemption terminals shall meet independent testing standards appr oved by
205 the commission. The commission may appr ove r edemption terminals that have been
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206 appr oved by another state for operation for use as part of that state's video lottery game
207 system or similar system.
208 8. (1) Licensed video lottery game operators:
209 (a) May buy , lease, or ren t video lottery game terminals fr om licensed video
210 lottery game manufactur ers or distributors;
211 (b) May handle, place, service, and maintain video lottery game terminals; and
212 (c) Shall connect all video lottery game terminals to the central control system
213 appr oved by the commission.
214 (2) All video lottery game tickets shall be red eemed using a redempt ion terminal.
215 Such red emption terminal shall be located within a video lottery game ret ailer's
216 establishment in dir ect pro ximity to such video lottery game terminals. V ideo lottery
217 game operators shall pay the commission thirty-two percent of any unclaimed cash
218 prize associated with each video lottery game ticket that has not been red eemed within
219 one hundr ed eighty days of issuance.
220 (3) A video lottery game operator shall not, dir ectly or indirectl y , lease real estate
221 to a video lottery game r etailer . No lease of rea l pr operty to a video lottery game r etailer
222 may contain a provi sion requ iring any sharing or splitting of net terminal income
223 between the lessor and the lessee, or any method of re nt calculation using a per centage
224 of net terminal income, or any other similar pr ovision or method for the determination
225 or calculation of any r ent, concession, or other charge by a lessor to a lessee. V ideo
226 lottery game r etailers shall submit true, accurate, and complete leases or similar
227 agr eements regard ing the premis es of the video lottery game r etailer to the commission
228 with their license application and annual license r enewal application.
229 (4) Only a video lottery game operator or an operator's employee may negotiate
230 and enter into a use agr eement with a video lottery game ret ailer for the initial or
231 continued placement of video lottery game terminals. V ideo lottery game operators and
232 video lottery game r etailers shall not offer , pr opose, or accept anything of value, other
233 than the equal division of net terminal income in exchange for the execution of a use
234 agr eement. No video lottery game operator or video lottery game r etailer shall pay
235 compensation or any other valuable consideration to any third party for the solicitation,
236 pr ocur ement, execution, or delivery of any use agreement with a video lottery game
237 operator or video lottery game ret ailer , except as appr oved by the commission. A video
238 lottery game operator shall not share or split net terminal income with any other video
239 lottery game operator licensee under sections 313.425 to 313.445 or with any other
240 third-party , except as appr oved by the commission. The commission shall adopt rules
241 for the sharing or splitting of net terminal income by a video lottery game operator .
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242 (5) Any agr eement, contract, or arrangement for the initial or continued
243 placement of video lottery game terminals enter ed into by any person prior to being
244 duly licensed as a video lottery game operator or a video lottery game reta iler by the
245 commission shall be invalid. Only use agree ments by and between licensed video lottery
246 game operators and licensed video lottery game ret ailers shall be deemed valid for the
247 placement and operation of video lottery game terminals.
248 9. (1) T o combat pr oblem gambling, video lottery game operators shall allow
249 players to be self-excluded fr om video lottery game play pursuant to rules adopted by
250 the commission. Any person that has been self-excluded is guilty of tr espassing in the
251 first degr ee pursuant to section 569.140 if such person enters a designated video lottery
252 gaming area as defined by rules and r egulations crea ted by the Missouri lottery
253 commission pursuant to subsection 16 of section 313.429.
254 (2) V ideo lottery game operators may establish a player reward s systems
255 appr oved by the commission. No player shall be r equir ed to enr oll in a r ewards
256 pr ogram offered by a video lottery game operator as a condition to play video lottery
257 games.
258 10. (1) V ideo lottery game terminals shall not dir ectly dispense anything of value
259 except for video lottery game tickets. T ickets shall be dispensed by pr essing the ticket
260 dispensing button on the video lottery game terminal at the end of any video lottery
261 game play or series of plays. The value of video lottery game terminal credits shall be
262 determined by the commission. V ideo lottery game operators shall not be requ ired to
263 pay out coins for prizes to be paid to a player having a value less than one dollar , and
264 r edemption terminals shall not be r equir ed to dispense coins. Any prize to be paid to a
265 player having a value less than one dollar shall be dispensed to the player fr om the
266 r edemption terminal in the form of a ticket, which may be inserted into a video lottery
267 game terminal for play . The commission may adopt rules allowing r edemption
268 terminals to allow a player to donate prizes to be paid to a player having a value of less
269 than one dollar to charitable organizations.
270 (2) The maximum wager for a single video lottery game shall not exceed four
271 dollars. Notwithstanding the pr ovisions of subsection 5 of section 313.321 to the
272 contrary , the maximum prize won fr om a single wager for video lottery game play shall
273 not exceed one thousand one hundr ed ninety-nine dollars or no mor e than one dollar
274 less than the minimum amount requi red to rep ort gambling winnings fr om slot
275 machines pursuant to IRS Form W2G and IRS Form 5754.
276 (3) No mor e than eight video lottery game terminals may be placed at the
277 business pr emises of a video lottery game ret ailer . A political subdivision may further
278 r estrict the number of video lottery game terminals at each ret ail business to not mor e
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279 than five video lottery terminals, pr ovided that such a r estriction shall not extend to
280 high volume convenience stor es that primarily serve the trucking industry .
281 (4) The play , use, or operation of video lottery games and video lottery game
282 terminals shall not be advertised to the public thr ough any means including, but not
283 limited to, media outlets, social media advertising, dir ect mail, br oadcast media,
284 telephone solicitation, billboards, or other signage. The commission may adopt rules
285 allowing for limited signage to be displayed at a video lottery game ret ailer's pr emises.
286 The advertising pr ohibition contained in this subdivision shall apply to all licensees
287 including, but not limited to, video lottery game manufactur ers, video lottery game
288 distributors, video lottery game operators, video lottery game ret ailers, and video
289 lottery game handlers. Notwithstanding any other pr ovision of law to the contrary ,
290 ther e is no pr ohibition or res triction on dir ect or indirect marketing or advertising of
291 video lottery games, video lottery game terminals, or red emption terminals by video
292 lottery game manufactur ers, and video lottery game distributors to video lottery game
293 operators and video lottery game r etailers. V ideo lottery game operators may advertise,
294 pr omote, and market to players of video lottery games and video lottery game terminals
295 thr ough player r ewards pr ograms appr oved by the commission.
296 (5) V ideo lottery games shall not be played at any time when the video lottery
297 game ret ailer's establishment is closed for business.
298 1 1. (1) No person under twenty-one years of age shall play video lottery games
299 or video lottery game terminals. The video lottery game ret ailer shall be res ponsible for
300 pr eventing persons under twenty-one years of age fr om playing video lottery games or
301 video lottery game terminals.
302 (2) V ideo lottery game operators shall install, maintain, and operate video
303 surveillance systems within the immediate area of the video lottery game ret ailer's
304 establishment wher e video lottery game terminals and red emption terminals are
305 located. The surveillance system may also cover the perimeter of the video lottery game
306 r etailer's pr emises. The video lottery game operator shall maintain video footage for
307 thirty days and shall, upon requ est, pro vide such footage to the commission. V ideo
308 footage taken by the video surveillance system shall:
309 (a) Be deleted and expunged after the thirty day period described in this
310 subdivision; and
311 (b) Not make use of any facial reco gnition technology or software.
312 (3) The commission shall adopt rules r egarding the investigation and
3 1 3 enfor cement of violations of law , rule, or regul ation governing the conduct of video
314 lottery games in conformance with established commission pr ocedur es, which may
315 include fines, suspension, and revoca tion of licenses issued by the commission.
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316 (4) A video lottery game operator shall post a sign in a conspicuous location
317 wher e such video lottery game terminals are located containing, in red lettering at least
318 one inch high on a white backgrou nd, a telephone contact number (1-888-BETSOFF)
319 for the pr oblem gambling helpline, or other similar information as determined by the
320 commission. The commission may adopt rules for the mandatory posting of signage
321 r egarding prob lem gaming, underage gaming, and other consumer pr otection measur es.
322 (5) Pursuant to rules adopted by the department and the commission, a video
323 lottery game operator shall be res ponsible for:
324 (a) Paying prizes won fr om video lottery game play to winning players;
325 (b) Collecting all funds fro m video lottery game terminals;
326 (c) Depositing all funds collected from video lottery game terminals into a
327 separate bank account maintained by the video lottery game operator to allow for
328 monthly electr onic fund transfers by the commission and the department all applicable
329 adjusted gross gaming tax and municipality and county administration tax;
330 (d) After such transfer to the commission and the department, rem itting to the
331 video lottery game ret ailer its share of net terminal income on not less than a monthly
332 basis. The video lottery game operator may ther eafter transfer its shar e of net terminal
333 income to its business operations account; and
334 (e) The commission may adopt rules allowing for the division of net terminal
335 income between the video lottery game operator and the video lottery game ret ailer on a
336 basis other than an equal division of net terminal income.
337 (6) A video lottery game ret ailer or operator shall place a conspicuous warning
338 label or sticker on each video lottery game terminal at each video lottery game r etailer
339 location in red lettering at least one inch high on white backgroun d that reads,
340 "W ARNING: GAMBLING CAN BE ADDICTIVE".
341 12. The adjusted gross gaming reven ue tax shall be imposed on adjusted gr oss
342 gaming reven ue. V ideo lottery game operators shall collect and rem it the adjusted gr oss
343 gaming reven ue tax, which shall be deposited in the state lottery fund pursuant to rules
344 adopted by the commission. The commission shall use and transmit such funds as
345 follows:
346 (1) The commission shall ret ain an amount fr om the adjusted gr oss gaming
347 r evenue tax necessary to cover dir ect administrative expenses for the r egulation and
348 enfor cement of the video lottery game pr ogram that ar e not cover ed by license fees or
349 r eimbursements;
350 (2) Subject to appr opriations, all rem aining funds after administrative expenses
351 and payment of prizes shall be transferr ed to the lottery pr oceeds fund and shall be
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352 appr opriated equally to public elementary and secondary education and public
353 institutions of higher education as follows:
354 (a) T wenty per cent of such funds shall be appr opriated to the "Public
355 Elementary and Secondary School Construction and Rehabilitation Grant Fund" which
356 is her eby crea ted. The state tr easurer shall administer the fund, and the department of
357 elementary and secondary education shall establish criteria for the distribution of such
358 funds by rule. Notwithstanding the pr ovisions of section 33.080 to the contrary , any
359 moneys rem aining in the fund at the end of the biennium shall not reve rt to the credit of
360 the general reve nue fund. Any interes t and moneys earned on such investments shall be
361 cr edited to the fund; and
362 (b) The public elementary and secondary school construction and r ehabilitation
363 grant fund shall consist of all moneys transferre d to it under this subsection, and all
364 moneys otherwise appr opriated or donated to it. The funding pr ovided for in this
365 subdivision shall supplement, and not supplant, any education funding otherwise
366 appr opriated by the general assembly . The moneys in the public elementary and
367 secondary school construction and rehab ilitation grant fund may be used for:
368 a. Public school construction or ren ovations; and
369 b. Enhancing cred it and redu cing the interes t costs associated with school
370 district general obligation bonds funded by school bond prop erty tax levies issued for
371 construction, capital impr ovements, reno vations or reha bilitation.
372 13. The municipality and county administration tax shall be imposed on
373 adjusted gr oss gaming r evenue. V ideo lottery game operators shall r emit the
374 municipality and county administration tax to the department. The department shall
375 distribute such funds to the municipality or county identified by the commission
376 pursuant to subdivision (15) of subsection 2 of this section. The municipality or county
377 shall re ceive the pr oceeds of the municipality and county administration tax generated
378 by the video lottery game terminals located within the jurisdiction of the identified
379 municipality or county to be used for pr oviding services necessary for the safety of the
380 public visiting a video lottery game reta iler's location. All reven ue owed to the
381 municipality or county shall be deposited and distributed to the municipality or county
382 in accordance with rules and r egulations cr eated by the department. All the funds
383 deposited with any municipality or county shall not be consider ed state funds and shall
384 be deposited in the municipality or county's general r evenue fund to be expended as
385 pr ovided for in this section.
386 14. All re venues received by the commission fr om license fees and any
387 r eimbursements associated with the administration of the pr ovisions of sections 313.425
388 to 313.445, and all interes t earned ther eon, shall be used for administrative expenses and
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389 shall be deposited in the state lottery fund. Moneys deposited into the state lottery fund
390 fr om license fees and any reim bursements of commission administrative expenses to
391 administer sections 313.425 to 313.445 shall not be consider ed net proceed s under
392 Article III, Section 39(b) of the Constitution of Missouri. Subject to appr opriation, up
393 to one per cent of such license fees shall be deposited to the cred it of the compulsive
394 gamblers fund crea ted under section 313.842.
395 15. The commission may contract with a state law enforcem ent entity to assist in
396 conducting backgrou nd investigations of video lottery game license applicants, and for
397 the enforcem ent of sections 313.425 to 313.445.
398 (1) The Missouri lottery commission may requ ire that fingerprint submissions
399 be made as part of an application seeking licensur e for a video lottery game
400 manufactur er , video lottery game distributor , video lottery game operator , video lottery
401 game handler , or video lottery game ret ailer as defined in section 313.427.
402 (2) If the Missouri lottery commission req uires that fingerprint submission be
403 made as part of such application, the Missouri lottery commission shall requ ire
404 applicants to submit fingerprints to the Missouri state highway patr ol for the purpose of
405 conducting a state and federal fingerprint-based criminal history backgroun d check.
406 (3) The fingerprints and any requi red fees shall be sent to the Missouri state
407 highway patrol's central reposit ory . The fingerprints shall be used for sear ching the
408 state criminal recor ds repo sitory and shall also be forwarded to the Federal Burea u of
409 Investigation for a federal criminal record s sear ch under section 43.540. The Missouri
410 state highway patr ol shall notify the Missouri lottery commission of any criminal history
411 r ecord information or lack of criminal history record information discover ed on the
412 individual. Notwithstanding the pr ovisions of section 610.120 to the contrary , all
413 r ecords relat ed to any criminal history information discover ed shall be accessible and
414 available to the Missouri lottery commission.
415 16. The commission shall adopt rules for the implementation of the video lottery
416 game system authorized under sections 313.425 to 313.445, including, but not limited to,
417 a designation of distinct area of the business or building not accessible to anyone under
418 the age of twenty-one as the video lottery gaming ar ea that is divided fr om the primary
419 business operation ar ea of the video lottery game re tailer's pr emises wher e all video
420 lottery game terminals and r edemption terminals shall be placed and operated and all
421 gaming activity shall be conducted. Any rule or portion of a rule, as that term is defined
422 in section 536.010, that is creat ed under the authority delegated in this section shall
423 become effective only if it complies with and is subject to all of the provi sions of chapter
424 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
425 and if any of the powers vested with the general assembly pursuant to chapter 536 to
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426 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
427 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
428 adopted after August 28, 2026, shall be invalid and void.
313.431 . In order to expedite the orderly implementation of the video lottery
2 game system authorized under sections 313.425 to 313.445, the commission shall:
3 (1) Contract for the supply and operation of a central control system no later
4 than ninety days after the effective date of sections 313.425 to 313.445;
5 (2) Make license applications for video lottery game manufactur ers, video
6 lottery game distributors, video lottery game operators, video lottery game ret ailers,
7 and video lottery game handlers available to applicants no later than thirty days after
8 the effective date of sections 313.425 to 313.445;
9 (3) Accept applications and pr omulgate any emergency rules or r egular rules
10 and reg ulations needed for the implementation of the video lottery game system
11 authorized under sections 313.425 to 313.445 no later than one hundr ed twenty days
12 after the effective date of sections 313.425 to 313.445;
13 (4) Begin issuing licenses under sections 313.425 to 313.445 no later than one
14 hundr ed twenty days after the effective date of this section;
15 (5) Issue an appr oved form use agree ment no later than ninety days after the
16 effective date of sections 313.425 to 313.445;
17 (6) Establish a start date when all video lottery game operators may begin
18 soliciting use agr eements with video lottery game ret ailers for the placement of video
19 lottery game terminals. No video lottery game operator shall solicit use agr eements
20 prior to the start date. Such start date shall be set no mor e than one hundred eighty
21 days after the effective date of sections 313.425 to 313.445;
22 (7) Appr ove or deny any completed video lottery game reta iler application or
23 video lottery game operator application no mor e than ninety days after such application
24 is rec eived by the commission. The operation of unr egulated amusement devices or
25 unr egulated gambling devices shall not be the sole cause for denial of a video lottery
26 game ret ailer license or a video lottery game operator license; and
27 (8) Establish a date by which the system of video lottery game terminals shall be
28 operational. The operational date shall be no later than thr ee hundr ed sixty five days
29 after the effective date of sections 313.425 to 313.445.
313.433 . Notwithstanding any other provision of law to the contrary ,
2 participation by a person, firm, corporation, or organization in any aspect of the
3 state lottery under sections 313.425 to 313.445 shall not be construed to be a lottery or
4 gift enterprise in violation of Article III, Section 39 of the Constitution of Missouri.
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313.435 . 1. A municipality may adopt an ordinance proh ibiting video lottery
2 game terminals within the corporate limits of such municipality within one hundr ed
3 twenty days after the effective date of this act. Such municipality shall notify the
4 commission of the ordinance within seven days of passage. A municipality that has
5 adopted such an ordinance may at any time ther eafter adopt an ordinance allowing
6 video lottery game terminals within the corporate limits of such municipality , but may
7 not after the passage of such ordinance adopt any subsequent ordinance r egarding
8 pr ohibition of video lottery terminals for ten consecutive years. A municipality may
9 then only pass an ordinance to proh ibit video lottery game terminals not earlier than
10 five years.
11 2. A county commission may , for the unincorporated area of the county , adopt
12 an ordinance proh ibiting video lottery game terminals within the unincorporated ar ea
13 of the county within one hundr ed twenty days fr om the effective date of this act. Such
14 county shall notify the commission of the ordinance within seven days of passage. A
15 county commission that has adopted such an ordinance may at any time ther eafter
16 adopt an ordinance allowing video lottery game terminals within the unincorporated
17 ar ea of the county , but may not after the passage of such ordinance adopt any ordinance
18 pr ohibiting video lottery game terminals within the unincorporated ar ea of the county .
19 3. Any municipality or county adopting an ordinance that proh ibits the licensing
20 of video lottery games shall notify the commission of such action and pr ovide a certified
21 copy of such ordinance to the commission. Upon r eceiving such notification and
22 ordinance, the commission shall not license video lottery game ret ailers within such ar ea
23 cover ed by such municipal or county ordinance.
24 4. If any such municipality or county that has opted to pro hibit the use of video
25 lottery game terminals to play video lottery games repea ls such ordinance and adopts an
26 ordinance allowing video lottery game terminals within such municipality or county ,
27 then such municipality or county shall notify the commission, and the commission may
28 license video lottery game reta ilers within such municipality or county to conduct video
29 lottery games.
313.437 . 1. Nothing in sections 313.425 to 313.445 shall be construed to proh ibit
2 or bar the issuance of any license described ther ein to an applicant on the basis of that
3 applicant's operation, handling, leasing, licensing, servicing, or placing of machines or
4 devices, except that any video lottery game reta iler shall attest, on a form pr ovided by
5 the commission, that the video lottery game r etailer does not own or possess any illegal
6 gambling devices, or other machines or devices wher e the player pays money to play a
7 game of skill or chance which may res ult in a cash award or prize to the player . This
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8 form shall be submitted with a person's application for any license authorized under
9 sections 313.425 to 313.445.
10 2. The general assembly , by enacting sections 313.425 to 313.445, intends to
11 enact a comprehe nsive scheme of statewide regul ation, and further intends to pree mpt
12 any other r egulation of the ar ea cover ed by sections 313.425 to 313.445. No
13 municipality , county , governmental subdivision, or agency may enact or enforce any
14 law , ordinance, or r egulation that re gulates, taxes, imposes a fee, or makes any conduct
15 in the ar ea cover ed by sections 313.425 to 313.445 an offense, or the subject of a criminal
16 or civil penalty or sanction of any kind; however , nothing in this section shall prev ent a
17 political subdivision fro m pr ohibiting the hours of operation during which video lottery
18 game terminals may be used for game play during the hours of 1:30 a.m. and 6:00 a.m.
313.438 . 1. The application form for licensur e under sections 313.425 to 313.445
2 shall be pr escribed by the commission and shall contain the following information:
3 (1) The name, date of birth, and addr ess of the individual or organization;
4 (2) A statement as to whether the individual or organization has had any
5 pr evious application ref used, or any license re voked or suspended;
6 (3) A copy of the articles of incorporation and certificate of incorporation of the
7 organization, if applicable;
8 (4) A sworn statement signed by the individual or chief officer and the secr etary
9 of the organization verifying that the statements contained in the application are true;
10 (5) The name and addr ess of a person authorized to recei ve service of pr ocess on
11 behalf of the organization; and
12 (6) Such other information deemed necessary by the commission or as the
13 commission may pr omulgate by re gulation.
14 2. The commission shall issue, suspend, r evoke, and renew licenses under
15 sections 313.425 to 313.445 pursuant to rules and r egulations adopted by the
16 commission. Licensing rules and regul ations shall include req uiremen ts relat ing to
17 the financial r esponsibility of the licensee, the security and efficient operation of the
18 video lottery game, and other matters necessary to pro tect the public interes t and trust
19 in the lottery . Licensees shall be selected without re gard to political affiliation.
20 3. The commission shall re quir e every licensee to post a bond, a bonding fee, or a
21 letter of credi t in such amount as may be requ ired by the commission, and upon
22 licensur e shall pro minently display the licensee's license, or a copy ther eof, as pr ovided
23 in the rules and regul ations of the commission.
24 4. Any license issued by the commission shall not be assignable or transferable.
25 5. A license shall be revo ked upon a finding that the licensee:
HCS HB 2989 19
26 (1) Has knowingly pr ovided false or misleading information to the commission
27 or its employees;
28 (2) Has been convicted of any felony; or
29 (3) Has endanger ed the security of the lottery .
30 6. A license may be suspended, revo ked, or not renewe d for any of the following
31 causes:
32 (1) A change of business location;
33 (2) A delinquency in rem itting money owed to the commission; or
34 (3) Any violation of any rule or regu lation adopted pursuant to this section by
35 the commission.
36 7. A person who knowingly makes a false statement on an application is guilty of
37 a class A misdemeanor and shall not be eligible for any license by the commission.
38 8. A ren ewal application shall only include any changes in the information
39 r equir ed to be submitted with the initial application or such other information r equir ed
40 by the commission.
41 (1) A blank form for application for regi stration shall be mailed to each person
42 licensed in this state at the person's last known office or resi dence addr ess. Failure to
43 r eceive such application shall not, however , reli eve any person of the duty to ren ew and
44 pay the re quir ed fee, nor exempt the person fr om the penalties pr ovided by this chapter
45 for failure to ren ew .
46 (2) If a person licensed, certified, or r egister ed by the commission does not ren ew
47 such license, such license shall be deemed void.
48 9. The commission shall submit fingerprints for any person seeking issuance or
49 r enewal of a license issued by the commission, for the purpose of checking the person's
50 prior criminal history when the commission determines a nationwide check is
51 warranted. The fingerprint cards and any requ ired fees shall be sent to the Missouri
52 state highway patrol's central rep ository . The fingerprints shall be used for sear ching
53 the state criminal history r epository and shall also be forwarded to the Federal Bure au
54 of Investigation for the sear ching of the federal criminal history files under section
55 43.540. The patr ol shall notify the commission of any criminal history information or
56 lack of criminal history information discover ed on the individual. Notwithstanding the
57 pr ovisions of section 610.120 to the contrary , all records rela ted to any criminal history
58 information discover ed shall be accessible and available to the commission.
59 10. It is the burden of the applicant to show by clear and convincing evidence the
60 applicant's suitability as to character , experience, and other factors as may be deemed
61 appr opriate by the commission.
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62 1 1. Befor e a license is granted, the commission shall conduct a thorou gh
63 investigation of the applicant for a license. The applicant shall pr ovide information on a
64 form as requi red by the commission.
65 12. Any organization licensed under sections 313.425 to 313.445 that changes any
66 of its officers, dir ectors, or officials during the term of the license shall immediately
67 r eport the names and addr esses of such individuals to the commission, along with a
68 sworn statement of each such individual as req uired on forms furnished by the
69 commission.
70 13. The following persons and organizations shall not be eligible for any license
71 under the pr ovisions of sections 313.425 to 313.445 and shall not participate in the
72 management, conduct, or operation of any video lottery game, video lottery game
73 handler , video lottery game distributor , video lottery game ret ailer , video lottery game
74 operator , or video lottery game manufactur er:
75 (1) Any person who has been convicted of a felony;
76 (2) Any person who has been convicted of or pleaded nolo contender e to any
77 illegal gambling activity or forfeited bond for not appearing while charged with any
78 illegal gambling activity;
79 (3) Any person the commission has determined, based on the person's prior
80 activities or criminal reco rd, if any , poses a thr eat to the public interes t or to the
81 effective reg ulation and contr ol of video lottery games, or creat es or enhances the
82 dangers of unsuitable, unfair , or illegal practices, methods, or activities in the conduct of
83 video lottery games;
84 (4) Any firm, organization, or corporation in which a person defined in
85 subdivision (3) of this subsection is an owner , officer , or dir ector , whether compensated
86 or not;
87 (5) Any firm, organization, or corporation in which a person defined in
88 subdivision (3) of this subsection is to participate in the management or operations of a
89 video lottery game, video lottery game handler , video lottery game distributor , video
90 lottery game manufactur er , video lottery game operator , or video lottery game ret ailer;
91 (6) Any person who, at the time of the application for renew al of a license, would
92 not be eligible for such license upon first application.
313.439 . 1. The commission may r efuse to issue a license and a licensee shall be
2 subject to the imposition of penalties, suspension or r evocation of such license, or other
3 action for any act or failure to act by the licensee or the licensee's agents or employees,
4 that is injurious to the public health, safety , good order , and general welfar e of the
5 people of the state of Missouri, or that would discredit or tend to discr edit the video
6 lottery operations in the state of Missouri unless the licensee prov es by clear and
HCS HB 2989 21
7 convincing evidence that the licensee is not guilty of such action. The commission shall
8 notify the applicant or licensee in writing of the r easons for the ref usal or discipline, and
9 shall advise the applicant or licensee of their right to file a complaint with the
10 administrative hearing commission as prov ided by chapter 621. If no written req uest
11 for a hearing is receiv ed by the administrative hearing commission within the thirty-day
12 period, the right to seek r eview of the commission's decision shall be consider ed as
13 waived. The commission shall take appr opriate action against any applicant or licensee
14 who violates the law or the rules and regul ations of the commission. Withou t limiting
15 other pr ovisions of sections 313.425 to 313.445, the following acts or omissions may be
16 gr ounds for such discipline:
17 (1) Failing to comply with or make pr ovision for compliance with the pr ovisions
18 of sections 313.425 to 313.445, the rules and r egulations of the commission, or any
19 federal, state, or local law or r egulation;
20 (2) Failing to comply with any rule, order , or ruling of the commission or its
21 agents pertaining to sections 313.425 to 313.445;
22 (3) Receiving or pur chasing goods or services fr om a person or business entity
23 who does not hold a license issued pursuant to sections 313.425 to 313.445, but who is
24 r equir ed to hold such license by the pro visions of sections 313.425 to 313.445 or the rules
25 and regul ations of the commission;
26 (4) Associating with, either socially or in business affairs, or employing persons
27 of notorious or unsavory rep utation or who have extensive police r ecords, or who have
28 failed to cooperate with any officially constituted investigatory or administrative body
29 and would adversely affect public confidence and trust in gaming;
30 (5) Use of fraud, deception, misr epr esentation, or bribery in securing any license
31 issued pursuant to the prov isions of sections 313.425 to 313.445 or impersonation of any
32 person holding a license or allowing a person to use the person's license;
33 (6) Obtaining or attempting to obtain any fee, charge, or other compensation by
34 fraud, deception, or misr epr esentation;
35 (7) Incompetence, misconduct, gross negligence, fraud, misr epresent ation, or
36 dishonesty in the performance of the functions or duties regul ated by the prov isions of
37 sections 313.425 to 313.445;
38 (8) Revocation, suspension, res triction, modification, limitation, repri mand,
39 warning, censur e, prob ation, or other final disciplinary action against the licensee or
40 applicant for a license by another state, territory , federal agency , or country , whether or
41 not voluntarily agr eed to by the licensee or applicant, including, but not limited to, the
42 denial of licensur e, or surr ender of the license;
HCS HB 2989 22
43 (9) A person is finally adjudged incapacitated or disabled by a court of
44 competent jurisdiction;
45 (10) Issuance of a license based upon a material mistake of fact;
46 (1 1) Knowingly making a false statement, orally or in writing, to the commission.
47 2. The commission may cause a complaint to be filed with the administrative
48 hearing commission as provi ded by chapter 621 against any applicant or holder of any
49 license req uired by sections 313.425 to 313.445, or against any person who has failed to
50 r enew or has surren dered the person's license.
51 3. After the filing of such complaint before the administrative hearing
52 commission, the proceed ings shall be conducted in accordance with the provi sions of
53 chapter 621. Upon a finding by the administrative hearing commission that the grou nds
54 of this section for disciplinary action ar e met, the commission may , singly or in
55 combination, warn, censur e, or place the person named in the complaint on prob ation
56 on such terms and conditions as the commission deems appr opriate for a period not to
57 exceed ten years, or may suspend the person's license for a period not to exceed thr ee
58 years, or r estrict or limit the person's license for an indefinite period of time, or revo ke
59 the person's license or administer a public or private repri mand, or deny the person's
60 application for a license, or permanently withhold issuance of a license.
313.440 . The administration of sections 313.425 to 313.445 shall be vested in the
2 commission which shall have power to adopt and enforce rules and regul ations to
3 r egulate and license the management, operation, and conduct of video lottery games and
4 participants ther ein and to prope rly administer and enforce the pr ovisions of sections
5 313.425 to 313.445. Any rule or portion of a rule, as that term is defined in section
6 536.010, that is creat ed under the authority delegated in this section shall become
7 effective only if it complies with and is subject to all of the pro visions of chapter 536 and,
8 if applicable, section 536.028. This section and chapter 536 are nonseverable and if any
9 of the powers vested with the general assembly pursuant to chapter 536 to re view , to
10 delay the effective date, or to disappr ove and annul a rule are subsequently held
11 unconstitutional, then the grant of rulemaking authority and any rule prop osed or
12 adopted after August 28, 2026, shall be invalid and void.
313.441 . The commission shall employ such profession al, clerical, technical, and
2 administrative personnel as may be necessary to carry out the pro visions of sections
3 313.425 to 313.445. No person shall be employed by the lottery who has been convicted
4 of a felony . Any person employed by the lottery in a management or policy-making
5 position shall be a r esident of this state or become a Missouri res ident within six months
6 of the person's appointment. Personnel shall be employed without regard to any
HCS HB 2989 23
7 political affiliation. Personnel shall r eceive a salary comparable to the salaries receiv ed
8 by other state employees doing comparable duties.
313.442 . 1. The commission may administer oaths, subpoena witnesses, issue
2 subpoenas duces tecum, and requi re pr oduction of documents and records. Subpoenas,
3 including subpoenas duces tecum, shall be served by a person authorized to serve
4 subpoenas of courts of record . In lieu of req uiring attendance of a person to prod uce
5 original documents in r esponse to a subpoena duces tecum, the commission may requi re
6 sworn copies of such documents to be filed with it or deliver ed to its designated
7 r epresent ative.
8 2. The commission may enforc e its subpoenas, including subpoena duces tecum,
9 by applying to a circui t court of Cole County , the county of the investigation, hearing or
10 pr oceeding, or any county wher e the person res ides or may be found, for an order upon
11 any person who shall fail to obey a subpoena to show cause why such subpoena should
12 not be enforced , which such order and a copy of the application ther efor e shall be served
13 upon the person in the same manner as a summons in a civil action, and if the circui t
14 court shall, after a hearing, determine that the subpoena should be sustained and
15 enfor ced, such court shall pro ceed to enforce the subpoena in the same manner as
16 though the subpoena had been issued in a civil case in the circu it court.
313.443 . Upon application by the commission, and the necessary burden having
2 been met, a court of general jurisdiction may grant an injunction, res training order , or
3 other order as may be appr opriate to enjoin a person from offering to engage or
4 engaging in the performance of any acts or practices for which a license is requi red by
5 sections 313.425 to 313.445 upon a showing that such acts or practices were performed
6 or offered to be performed without a license. Any such action shall be commenced
7 either in the county in which such conduct occurr ed or in the county in which the
8 defendant r esides. Any action brou ght under this section shall be in addition to and not
9 in lieu of any penalty pr ovided by sections 313.425 to 313.445 and may be br ought
10 concurr ently with other actions to enforce the provi sions of sections 313.425 to 313.445.
313.444 . Upon r eceiving information that any pro vision of sections 313.425 to
2 313.445 has been or is being violated, the commission or other person designated by the
3 commission shall investigate, and upon pro bable cause appearing, the commission shall
4 file a complaint with the administrative hearing commission or appr opriate official or
5 court.
313.445 . Notwithstanding the pro visions of section 1.140, the prov isions of
2 sections 313.425 to 313.445 and 572.020, 572.070, and 572.100 shall be nonseverable, and
3 if any pro vision is for any reas on held be invalid, such decision shall invalidate all of the
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4 r emaining pr ovisions of sections 313.425 to 313.445, 572.020, 572.070, and 572.100, as
5 amended by this act.
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) T o 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) T o 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) T o 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 31 1 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
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) T o 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) T o investigate alleged violations of sections 313.800 to 313.850 or the
23 commission rules, orders, or final decisions;
24 (6) T o 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) T o 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;
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35 (8) T o 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) T o require all licensees to file all financial reports required by rules and
39 regulations of the commission;
40 (10) T o 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 af firmations 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 (1 1) T o keep accurate and complete records of its proceedings and to certify the
45 records as may be appropriate;
46 (12) T o 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) T o 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) T o 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
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) T o 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 bar ge 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;
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72 (17) The commission shall render a finding or findings concerning the transition from
73 a boat, bar ge, 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) T o require any applicant for a license or renewal of a license to operate an
78 excursion gambling boat to provide an af firmative action plan which has as its goal the use of
79 best effor ts 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 T itle 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 ef fectiveness 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) T o annually adjust the admission fee imposed pursuant to section 313.820
87 for inflation; and
88 (20) T o take any other action as may be reasonable or appropriate to enforce sections
89 313.800 to 313.850 and the commission rules.
313.820. 1. An excursion boat licensee shall pay to the commission an admission fee
2 of two dollars , as adjusted for inflation, every two hours for each person [ embarking on an
3 excursion gambling boat with a ticket of admission ] pr esent within the gambling ar ea of
4 each gambling facility . W ithin the first two months of each calendar year , the
5 commission shall adjust annually for inflation based on the Consumer Price Index for
6 All Urban Consumers for the Midwest Region, as defined and officially reco rded by the
7 United States Department of Labor or its successor , to determine the new admission fee
8 beginning January 1, and shall go into effect at the beginning of the new fiscal year .
9 Such fee shall be calculated initially on inflationary data record ed by the United States
10 Department of Labor in January 1993 and such figure shall be used to calculate
11 inflation adjustments for the rem ainder of fiscal year 2027 and for the next ten complete
12 fiscal years ther eafter . The first fifty cents of such admission fee as adjusted for
13 inflation shall be deposited to the credi t of the department of natural res ources historic
14 pr eservation r evolving fund and administer ed according to the pr ovisions described in
15 section 313.835(2)(a) to commemorate the bicentennial of the location of the permanent
16 seat of government as described in second Section of the eleventh Article of the original
17 Constitution of the state of Missouri. Unless renewed by the Missouri general assembly
18 upon the expiration of the provi sions of this section, all reven ue fro m such fee shall be
19 r emitted to the commission and shall be distributed according to the pr ovisions of this
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20 section. T wo dollars of such fee, as adjusted for inflation, shall be paid to the veterans
21 commission capital impro vement trust fund upon the effective date of this section . One
22 dollar of such fee , as adjusted for inflation, shall be deposited to the credit of the gaming
23 commission fund as authorized pursuant to section 313.835, and one dollar of such fee , as
24 adjusted for inflation, shall not be considered state funds and shall be paid to the home dock
25 city or county . [ Subject to appropriation, one cent of such fee deposited to the credit of the
26 gaming commission fund may be deposited to the credit of the compulsive gamblers fund
27 created pursuant to the provisions of section 313.842. ] Nothing in this section shall preclude
28 [ any licensee from char ging any amount deemed necessary for a ticket of admission to any
29 person embarking on an excursion gambling boat ] the commission fro m adjusting the fee
30 annually as deemed necessary to account for inflation . [ If tickets are issued which are
31 good for more than one excursion, the admission fee shall be paid to the commission for each
32 person using the ticket on each excursion that the ticket is used. ] If free passes or
33 complimentary admission tickets are issued, the excursion boat licensee shall pay to the
34 commission the same fee upon these passes or complimentary tickets as if they were sold at
35 the regular and usual admission rate; however , the excursion boat licensee may issue fee-free
36 passes to actual and necessary of ficials and employees of the licensee or other persons
37 actually working on the excursion gambling boat. The issuance of fee-free passes is subject
38 to the rules of the commission, and a list of all persons to whom the fee-free passes are issued
39 shall be filed with the commission.
40 2. In all present and futur e forms of rem ote wagering, an excursion boat licensee
41 shall pay to the commission a rem ote wagering access fee in lieu of an admission fee of
42 one and one half percen t of the total amount of money waged each month. The pr oceeds
43 of such r emote wagering access fee shall be deposited to the cre dit of the gaming
44 commission fund as authorized pursuant to section 313.835, and shall be distributed in
45 accordance with r egulations pr omulgated by the commission, except that the first
46 thirty-five million dollars fr om the pr oceeds of the r emote wagering access fee shall be
47 deposited to the cr edit of the department of natural res our ces historic pr eservation
48 r evolving fund as described in section 313.835(2)(a).
49 [ 2 ] 3. All licensees are subject to all income taxes, sales taxes, earnings taxes, use
50 taxes, property taxes or any other tax or fee now or hereafter lawfully levied by any political
51 subdivision; however , no other license tax, permit tax, occupation tax, excursion fee, or taxes
52 or fees shall be imposed, levied or assessed exclusively upon licensees by a political
53 subdivision. All state taxes not connected directly to gambling games shall be collected by
54 the department of revenue. Notwithstanding the provisions of section 32.057 to the contrary ,
55 the department of revenue may furnish and the commission may receive tax information to
56 determine if applicants or licensees are complying with the tax laws of this state; however ,
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57 any tax information acquired by the commission shall not become public record and shall be
58 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
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 or ganization 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 revenu e generated by the fee authorized in section 313.820(1) shall be
23 r emitted to the Missouri department of natural reso ur ces historic pr eservation
24 r evolving fund which shall contract with a charitable organization which is exempt
25 fr om federal income tax and whose Missouri unr elated business taxable income, in any ,
26 would be subject to the state income tax imposed under chapter 143 for the construction
27 of a facility for the acquisition and pr eservation of artifacts rel ated to Missouri's
28 riverboat heritage.
29 [ (a) ] (b) The [ first ] next five million dollar portion shall be transferred to the access
30 Missouri financial assistance fund, established pursuant to the provisions of sections
31 173.1 101 to 173.1 107, and additional moneys as annually appropriated by the general
32 assembly shall be appropriated to such fund;
33 [ (b) ] (c) The [ second ] next three million dollar portion shall be transferred to the
34 veterans' commission capital improvement trust fund created in section 42.300;
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35 [ (c) ] (d) The [ third ] next four million dollar portion shall be transferred to the
36 Missouri National Guard trust fund created in section 41.214, and additional moneys as
37 appropriated by the general assembly may be appropriated to such fund, up to one million
38 five hundred thousand dollars annually;
39 [ (d) ] (e) The next fifteen million dollar portion shall be transferred to the
40 Missouri department of natural r esources historic preservat ion fund and shall be used
41 to preserve and pro tect collections of historic artifacts;
42 (f) Subject to appropriations, one hundred percent of remaining net proceeds in the
43 gaming commission fund, after the appropriations are made pursuant to the provisions of
44 paragraphs (a), (b), and (c) of this subdivision, shall be transferred to the veterans'
45 commission capital improvement trust fund created in section 42.300.
572.010. 1. As used in this chapter the following terms mean:
2 (1) "Advance gambling activity", a person advances gambling activity if, acting other
3 than as a player , he or she engages in conduct that materially aids any form of gambling
4 activity . Conduct of this nature includes but is not limited to conduct directed toward the
5 creation or establishment of the particular game, lottery , contest, scheme, gambling, device or
6 activity involved, toward the acquisition or maintenance of premises, paraphernalia,
7 equipment or apparatus therefor , toward the solicitation or inducement of persons to
8 participate therein, toward the actual conduct of the playing phases thereof, toward the
9 arrangement or communication of any of its financial or recording phases, or toward any
10 other phase of its operation. A person advances gambling activity if, having substantial
11 proprietary control or other authoritative control over premises being used with his or her
12 knowledge for purposes of gambling activity , he or she permits that activity to occur or
13 continue or makes no ef fort to prevent its occurrence or continuation. The supplying,
14 servicing and operation of a licensed excursion gambling boat under sections 313.800 to
15 313.840 does not constitute advancing gambling activity . The owning, operating,
16 supplying, or servicing of video lottery game terminals under sections 313.425 to
17 313.437 does not constitute advancing gambling activity ;
18 (2) "Bookmaking", advancing gambling activity by unlawfully accepting bets from
19 members of the public as a business, rather than in a casual or personal fashion, upon the
20 outcomes of future contingent events;
21 (3) "Contest of chance", any contest, game, gaming scheme , or [ gaming ] gambling
22 device in which the outcome [ depends in a material degree upon an ] of the contest is
23 determined by any element of chance, notwithstanding that the skill of the contestants may
24 also be a factor therein;
25 (4) "Gambling", a person engages in gambling when :
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26 (a) He or she operates, plays, or participates in the operation of a gambling
27 device; or
28 (b) He or she stakes or risks something of value upon the outcome of a contest of
29 chance or a future contingent event not under his or her control or influence, upon an
30 agreement or understanding that he or she will receive something of value in the event of a
31 certain outcome. Gambling does not include bona fide business transactions valid under the
32 law of contracts, including but not limited to contracts for the purchase or sale at a future date
33 of securities or commodities, and agreements to compensate for loss caused by the happening
34 of chance, including but not limited to contracts of indemnity or guaranty and life, health or
35 accident insurance; nor does gambling include playing an amusement device that confers only
36 an immediate right of replay not exchangeable for something of value. Gambling does not
37 include any licensed activity , or persons participating in such games which are covered by
38 sections 313.800 to 313.840 . Gambling does not include any licensed activity or persons
39 participating in such licensed activity , licensed video lottery game terminals, or video
40 lottery games under sections 313.425 to 313.437 ;
41 (5) ["Gambling device", any device, machine, paraphernalia or equipment that is used
42 or usable in the playing phases of any gambling activity , whether that activity consists of
43 gambling between persons or gambling by a person with a machine. However , lottery tickets,
44 policy slips and other items used in the playing phases of lottery and policy schemes are not
45 gambling devices within this definition;
46 (6) ] "Gambling record", any article, instrument, record, receipt, ticket, certificate,
47 token, slip or notation used or intended to be used in connection with unlawful gambling
48 activity;
49 [ (7) ] (6) "Lottery" or "policy", an unlawful gambling scheme in which for a
50 consideration the participants are given an opportunity to win something of value, the award
51 of which is determined by chance;
52 [ (8) ] (7) "Player", a person who engages in any form of gambling solely as a
53 contestant or bettor , without receiving or becoming entitled to receive any profit therefrom
54 other than personal gambling winnings, and without otherwise rendering any material
55 assistance to the establishment, conduct or operation of the particular gambling activity . A
56 person who gambles at a social game of chance on equal terms with the other participants
57 therein does not otherwise render material assistance to the establishment, conduct or
58 operation thereof by performing, without fee or remuneration, acts directed toward the
59 arrangement or facilitation of the game, such as inviting persons to play , permitting the use of
60 premises therefor and supplying cards or other equipment used therein. A person who
61 engages in "bookmaking" as defined in subdivision (2) of this section is not a player;
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62 [ (9) ] (8) "Professional player", a player who engages in gambling for a livelihood or
63 who has derived at least twenty percent of his or her income in any one year within the past
64 five years from acting solely as a player;
65 [ (10) ] (9) "Profit from gambling activity", a person profits from gambling activity if,
66 other than as a player , he or she accepts or receives money or other property pursuant to an
67 agreement or understanding with any person whereby he participates or is to participate in the
68 proceeds of gambling activity;
69 [ (1 1) ] (10) "Slot machine"[ , a gambling device that as a result of the insertion of a
70 coin or other object operates, either completely automatically or with the aid of some physical
71 act by the player , in such a manner that, depending upon elements of chance, it may eject
72 something of value. A device so constructed or readily adaptable or convertible to such use is
73 no less a slot machine because it is not in working order or because some mechanical act of
74 manipulation or repair is required to accomplish its adaptation, conversion or workability .
75 Nor is it any less a slot machine because apart from its use or adaptability as such it may also
76 sell or deliver something of value on a basis other than chance ] or "gambling device", an
77 electr onic, computerized, or mechanical machine, terminal, or other similar device that:
78 (a) Requires the dir ect or indirect insertion of any form of consideration, coin,
79 curr ency , ticket, token, electr onic token or curren cy , or other similar object, or the
80 depositing of any form of consideration with the owner or operator of such slot machine
81 or gambling device to operate the device;
82 (b) Offers, operates, or plays a contest or game, either completely automatically
83 or with the aid of some physical act by the player , the outcome of which is determined by
84 any element of chance, r egardless of whether the outcome may also be partially or
85 pr edominantly determined by the skill of the player , and rega rdless of whether the
86 outcome may be partially or completely reve aled to the player before or during play of
87 the slot machine or gambling device; and
88 (c) May award to the player an award, prize, or something of value, whether or
89 not the award is made directly or indirectl y , and whether or not the award is made
90 automatically fr om the gambling device or manually .
91
92 A device so constructed or readi ly adaptable or convertible to such use is no less a slot
93 machine or gambling device because it is not in working order or because some
94 mechanical act of manipulation or repai r is req uired to accomplish its adaptation,
95 conversion, or workability , nor is it any less a slot machine or gambling device because
96 apart fro m its use or adaptability as such it may also sell or deliver something of value
97 on a basis other than chance. A slot machine or gambling device does not include
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98 licensed video lottery game terminals or video lottery games under sections 313.425 to
99 313.437 ;
100 [ (12) ] (1 1) "Something of value", any money or property , any token, object or article
101 exchangeable for money or property , or any form of credit or promise directly or indirectly
102 contemplating transfer of money or property or of any interest therein or involving extension
103 of a service, entertainment or a privilege of playing at a game or scheme without char ge;
104 [ (13) ] (12) "Unlawful", not specifically authorized by law .
105 2. Notwithstanding the pr ovisions of section 1.140 to the contrary , the pr ovisions
106 of this section and sections 313.425 to 313.445 shall be nonseverable, and if any
107 pr ovision is for any re ason held to be invalid, such decision shall invalidate all of the
108 r emaining provi sions of this section and sections 313.425 and 313.445, as amended by
109 this act.
572.020. 1. A person commits the of fense of gambling if he or she knowingly
2 engages in gambling.
3 2. The of fense of gambling is a class [C misdemeanor unless:
4 (1) It is committed by a professional player , in which case it is a class A
5 misdemeanor; or
6 (2) The person knowingly engages in gambling with a child less than seventeen years
7 of age, in which case it is a class B misdemeanor] A misdemeanor .
8 3. Notwithstanding the pr ovisions of section 1.140 to the contrary , the pr ovisions
9 of this section and sections 313.425 to 313.445 shall be nonseverable, and if any
10 pr ovision is for any re ason held to be invalid, such decision shall invalidate all of the
11 r emaining provi sions of this section and sections 313.425 and 313.445, as amended by
12 this act.
572.070. 1. A person commits the of fense of possession of a gambling device if, with
2 knowledge of the character thereof, he or she manufactures, sells, transports, places or
3 possesses, or conducts or negotiates any transaction af fecting or designed to affect ownership,
4 custody or use of:
5 (1) A slot machine or gambling device ; or
6 (2) Any other gambling device, knowing or having reason to believe that it is to be
7 used in the state of Missouri in the advancement of unlawful gambling activity .
8 2. The of fense of possession of a gambling device is a class A misdemeanor .
9 3. Notwithstanding the pr ovisions of section 1.140 to the contrary , the pr ovisions
10 of this section and sections 313.425 to 313.445 shall be nonseverable, and if any
11 pr ovision is for any re ason held to be invalid, such decision shall invalidate all of the
12 r emaining provi sions of this section and sections 313.425 and 313.445, as amended by
13 this act.
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14 4. Any video lottery game operator or video lottery game reta iler with a video
15 lottery game, video lottery terminal, or other gambling device in use prior to the passage
16 of this act or any gambling device that would otherwise be determined to be illegal
17 thr ough the passage of the prov isions of this section and sections 313.425 to 313.445 shall
18 as a condition of continued operation before August 28, 2027, submit to the commission
19 any financial r ecords relat ed to each video lottery game, video lottery terminal, or other
20 gambling device and any record s indicating installation, storage, and maintenance of
21 each gambling device at its curr ent physical location. Such records shall be referr ed to
22 and review ed by the office of the attorney general.
23 5. Any video lottery game operator or video lottery game ret ailer described in
24 subsection 5 of this section may elect to rem ove any video lottery game, video lottery
25 terminal, or other gambling device fr om the business premis es of the video lottery game
26 r etail establishment upon the passage of the pro visions of this section and sections
27 313.425 to 313.445. Any gambling device that is rem oved shall not be r eplaced with the
28 same or similar gambling device. Any gambling device that becomes non-functioning
29 shall be permanently rem oved fr om the business pr emises of the video lottery game
30 r etail establishment and shall not be rep laced with the same of similar gambling device.
572.100. 1. The general assembly by enacting this chapter intends to preempt any
2 other regulation of the area covered by this chapter . No governmental subdivision or agency
3 may enact or enforce a law that regulates or makes any conduct in the area covered by this
4 chapter an of fense, or the subject of a criminal or civil penalty or sanction of any kind.
5 2. The term "gambling", as used in this chapter , does not include licensed activities
6 under sections 313.800 to 313.840 , and does not include licensed activities under sections
7 313.425 to 313.437.
8 3. The Missouri lottery commission shall have concurr ent authority and
9 jurisdiction to investigate and enforce violations of chapter 572, and to seek pr osecution
10 of violations of chapter 572 by the attorney general pursuant to section 27.105 .
11 4. Notwithstanding the pr ovisions of section 1.140 to the contrary , the pr ovisions
12 of this section and sections 313.425 to 313.445 shall be nonseverable, and if any
13 pr ovision is for any re ason held to be invalid, such decision shall invalidate all of the
14 r emaining provi sions of this section and sections 313.425 and 313.445, as amended by
15 this act.
633.450. There is her eby cr eated in the state tr easury the "Developmental
2 Disability Community Support Fund", which shall consist of moneys r eceived by the
3 state tr easury pursuant to subdivision (3) of subsection 3 of section 313.429, moneys
4 appr opriated by the general assembly , or any gifts, grants, donations, or bequests
5 r eceived fro m federal, private, or other sourc es. It is the intent of the general assembly
HCS HB 2989 34
6 that this fund shall pr ovide funding for the ongoing learning, education, and support of
7 individuals with developmental disabilities. The state tr easurer shall be the custodian of
8 the fund. In accordance with sections 30.170 and 30.180, the state tr easurer may
9 appr ove disbursements. The fund shall be a dedicated fund and, upon appr opriation,
10 money in the fund shall be used solely for the administration of this section and for
11 pr oviding community services and support to people with developmental disabilities,
12 including, but not limited to, the pur chase of services fr om pr oviders designated by the
13 division of developmental disabilities. The moneys in the fund shall not be appr opriated
14 for the support of the facilities operated by the department of mental health. The
15 moneys in the fund established in this subsection shall not be appro priated to supplant
16 general reven ue dollars appr opriated to the division of developmental disabilities for the
17 years prior to the funds passage. Notwithstanding the pro visions of section 33.080 to the
18 contrary , any moneys rem aining in the fund at the end of the biennium shall not revert
19 to the credi t of the general r evenue fund. The state tr easurer shall invest moneys in the
20 fund in the same manner as other funds ar e invested. Any inter est and moneys earned
21 on such investments shall be cr edited to the fund.
Section B. The repeal and reenactment of Sections 572.020, 572.070, and 572.100 of
2 Section A of this act shall become ef fective on August 28, 2027.
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HCS HB 2989 35