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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1432
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BERNSKOETTER.
6015S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 313.805, 313.820, and 313.835, RSMo, and to enact in lieu thereof three new
sections relating to the Missouri gaming commission.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 313.805, 313.820, and 313.835, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 313.805, 313.820, and 313.835, to read as 3
follows:4
313.805. The commission shall have full jurisdiction 1
over and shall supervise all gambling operations governed by 2
sections 313.800 to 313.850. The commission shall have the 3
following powers and shall promulgate rules and regulations 4
to implement sections 313.800 to 313.850: 5
(1) To investigate applicants and determine the 6
priority and eligibility of applicants for a license and to 7
select among competing applicants for a license the 8
applicant which best serves the interests of the citizens of 9
Missouri; 10
(2) To license the operators of excursion gambling 11
boats and operators of gambling games within such boats, to 12
identify occupations within the excursion gambling boat 13
operations which require licensing, and adopt standards for 14
licensing the occupations including establishing fees for 15
the occupational licenses and to license suppliers; 16
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(3) To adopt standards under which all excursion 17
gambling boat operations shall be held and standards for the 18
facilities within which the gambling operations are to be 19
held. Notwithstanding the provisions of chapter 311 to the 20
contrary, the commission may authorize the operation of 21
gambling games on an excursion gambling boat which is also 22
licensed to sell or serve alcoholic beverages, wine, or 23
beer. The commission shall regulate the wagering structure 24
for gambling excursions, provided that the commission shall 25
not establish any regulations or policies that limit the 26
amount of wagers, losses, or buy-in amounts; 27
(4) To enter the premises of excursion gambling boats, 28
facilities, or other places of business of a licensee within 29
this state to determine compliance with sections 313.800 to 30
313.850; 31
(5) To investigate alleged violations of sections 32
313.800 to 313.850 or the commission rules, orders, or final 33
decisions; 34
(6) To assess any appropriate administrative penalty 35
against a licensee, including, but not limited to, 36
suspension, revocation, and penalties of an amount as 37
determined by the commission up to three times the highest 38
daily amount of gross receipts derived from wagering on the 39
gambling games, whether unauthorized or authorized, 40
conducted during the previous twelve months as well as 41
confiscation and forfeiture of all gambling game equipment 42
used in the conduct of unauthorized gambling games. 43
Forfeitures pursuant to this section shall be enforced as 44
provided in sections 513.600 to 513.645; 45
(7) To require a licensee, an employee of a licensee 46
or holder of an occupational license to remove a person 47
violating a provision of sections 313.800 to 313.850 or the 48
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commission rules, orders, or final orders, or other person 49
deemed to be undesirable from the excursion gambling boat or 50
adjacent facilities; 51
(8) To require the removal from the premises of a 52
licensee, an employee of a licensee, or a holder of an 53
occupational license for a violation of sections 313.800 to 54
313.850 or a commission rule or engaging in a fraudulent 55
practice; 56
(9) To require all licensees to file all financial 57
reports required by rules and regulations of the commission; 58
(10) To issue subpoenas for the attendance of 59
witnesses and subpoenas duces tecum for the production of 60
books, records, and other pertinent documents, and to 61
administer oaths and affirmations to the witnesses, when, in 62
the judgment of the commission, it is necessary to enforce 63
sections 313.800 to 313.850 or the commission rules; 64
(11) To keep accurate and complete records of its 65
proceedings and to certify the records as may be appropriate; 66
(12) To ensure that the gambling games are conducted 67
fairly. No gambling device shall be set to pay out less 68
than eighty percent of all wagers; 69
(13) To require all licensees of gambling game 70
operations to use a cashless wagering system whereby all 71
players' money is converted to physical or electronic 72
tokens, electronic cards, or chips which only can be used on 73
the excursion gambling boat; 74
(14) To require excursion gambling boat licensees to 75
develop a system, approved by the commission, that allows 76
patrons the option to prohibit the excursion gambling boat 77
licensee from using identifying information for marketing 78
purposes. The provisions of this subdivision shall apply 79
only to patrons giving identifying information for the first 80
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time. Such system shall be submitted to the commission by 81
October 1, 2000, and approved by the commission by January 82
1, 2001. The excursion gambling boat licensee shall use 83
identifying information obtained from patrons who have 84
elected to have marketing blocked under the provisions of 85
this section only for the purposes of enforcing the 86
requirements contained in sections 313.800 to 313.850. This 87
section shall not prohibit the commission from accessing 88
identifying information for the purposes of enforcing 89
section 313.004 and sections 313.800 to 313.850; 90
(15) To determine which of the authorized gambling 91
games will be permitted on any licensed excursion gambling 92
boat; 93
(16) The commission shall base its decision to license 94
excursion gambling boats on any of the following criteria: 95
the docking location or the excursion cruise could cause 96
danger to the boat's passengers, violate federal law or the 97
law of another state, or cause disruption of interstate 98
commerce or possible interference with railway or barge 99
transportation. The commission shall consider economic 100
feasibility or impact that would benefit land-based 101
development and permanent job creation. The commission 102
shall not discriminate among applicants for excursion 103
gambling boats that are similarly situated with respect to 104
the criteria set forth in this section; 105
(17) The commission shall render a finding or findings 106
concerning the transition from a boat, barge, or floating 107
facility to a nonfloating facility within thirty days after 108
a hearing on any request from an applicant or existing 109
licensee. Such hearing may be held prior to any final 110
action on licensing to assist an applicant and any city or 111
county in the finalizing of their economic development plan; 112
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(18) To require any applicant for a license or renewal 113
of a license to operate an excursion gambling boat to 114
provide an affirmative action plan which has as its goal the 115
use of best efforts to achieve maximum employment of African- 116
Americans and other minorities and maximum participation in 117
the procurement of contractual purchases of goods and 118
services. This provision shall be administered in 119
accordance with all federal and state employment laws, 120
including Title VII of the Civil Rights Act of 1964, as 121
amended by the Civil Rights Act of 1991. At license 122
renewal, the licensee will report on the effectiveness of 123
the plan. The commission shall include the licensee's 124
reported information in its annual report to the joint 125
committee on gaming and wagering; 126
(19) To annually adjust the admission fee imposed 127
pursuant to section 313.820 for inflation; and 128
(20) To take any other action as may be reasonable or 129
appropriate to enforce sections 313.800 to 313.850 and the 130
commission rules. 131
313.820. 1. An excursion boat licensee shall pay to 1
the commission an admission fee of two dollars, as adjusted 2
for inflation, for each person embarking on an excursion 3
gambling boat with a ticket of admission. [One dollar] 4
Fifty percent of such fee shall be deposited to the credit 5
of the gaming commission fund as authorized pursuant to 6
section 313.835, and [one dollar] fifty percent of such fee 7
shall not be considered state funds and shall be paid to the 8
home dock city or county. Subject to appropriation, one 9
cent of such fee deposited to the credit of the gaming 10
commission fund may be deposited to the credit of the 11
compulsive gamblers fund created pursuant to the provisions 12
of section 313.842. Nothing in this section shall preclude 13
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any licensee from charging any amount deemed necessary for a 14
ticket of admission to any person embarking on an excursion 15
gambling boat. If tickets are issued which are good for 16
more than one excursion, the admission fee shall be paid to 17
the commission for each person using the ticket on each 18
excursion that the ticket is used. If free passes or 19
complimentary admission tickets are issued, the excursion 20
boat licensee shall pay to the commission the same fee upon 21
these passes or complimentary tickets as if they were sold 22
at the regular and usual admission rate; however, the 23
excursion boat licensee may issue fee-free passes to actual 24
and necessary officials and employees of the licensee or 25
other persons actually working on the excursion gambling 26
boat. The issuance of fee-free passes is subject to the 27
rules of the commission, and a list of all persons to whom 28
the fee-free passes are issued shall be filed with the 29
commission. 30
2. All licensees are subject to all income taxes, 31
sales taxes, earnings taxes, use taxes, property taxes or 32
any other tax or fee now or hereafter lawfully levied by any 33
political subdivision; however, no other license tax, permit 34
tax, occupation tax, excursion fee, or taxes or fees shall 35
be imposed, levied or assessed exclusively upon licensees by 36
a political subdivision. All state taxes not connected 37
directly to gambling games shall be collected by the 38
department of revenue. Notwithstanding the provisions of 39
section 32.057 to the contrary, the department of revenue 40
may furnish and the commission may receive tax information 41
to determine if applicants or licensees are complying with 42
the tax laws of this state; however, any tax information 43
acquired by the commission shall not become public record 44
and shall be used exclusively for commission business. 45
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313.835. All revenue received by the commission from 1
license fees, penalties, administrative fees, reimbursement 2
by any excursion gambling boat operators for services 3
provided by the commission and admission fees authorized 4
pursuant to the provisions of sections 313.800 to 313.850, 5
except that portion of the admission fee, not to exceed one 6
cent, that may be appropriated to the compulsive gamblers 7
fund as provided in section 313.820, shall be deposited in 8
the state treasury to the credit of the "Gaming Commission 9
Fund" which is hereby created for the sole purpose of 10
funding the administrative costs of the commission, subject 11
to appropriation. Moneys deposited into this fund shall not 12
be considered proceeds of gambling operations. Moneys 13
deposited into the gaming commission fund shall be 14
considered state funds pursuant to Article IV, Section 15 of 15
the Missouri Constitution. All interest received on the 16
gaming commission fund shall be credited to the gaming 17
commission fund. In each fiscal year, total revenues to the 18
gaming commission fund for the preceding fiscal year shall 19
be compared to total expenditures and transfers from the 20
gaming commission fund for the preceding fiscal year. The 21
remaining net proceeds in the gaming commission fund shall 22
be distributed in the following manner: 23
(1) The first five hundred thousand dollars shall be 24
appropriated on a per capita basis to cities and counties 25
that match the state portion and have demonstrated a need 26
for funding community neighborhood organization programs for 27
the homeless and to deter gang-related violence and crimes; 28
(2) The remaining net proceeds in the gaming 29
commission fund for fiscal year 2013 and each fiscal year 30
thereafter shall be distributed as follows: 31
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(a) The first five million dollar portion shall be 32
transferred to the access Missouri financial assistance 33
fund, established pursuant to the provisions of sections 34
173.1101 to 173.1107, and additional moneys as annually 35
appropriated by the general assembly shall be appropriated 36
to such fund; 37
(b) The second three million dollar portion shall be 38
transferred to the veterans' commission capital improvement 39
trust fund created in section 42.300; 40
(c) The third four million dollar portion shall be 41
transferred to the Missouri National Guard trust fund 42
created in section 41.214, and additional moneys as 43
appropriated by the general assembly may be appropriated to 44
such fund, up to one million five hundred thousand dollars 45
annually; 46
(d) The fourth fifteen million dollar portion shall be 47
transferred to the Missouri department of natural resources 48
historic preservation fund and shall be used to preserve and 49
protect collections of historic artifacts; 50
(e) Subject to appropriations, one hundred percent of 51
remaining net proceeds in the gaming commission fund, after 52
the appropriations are made pursuant to the provisions of 53
paragraphs (a), (b), and (c) of this subdivision, shall be 54
transferred to the veterans' commission capital improvement 55
trust fund created in section 42.300. 56
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