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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. 941
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
5259S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 43.050, 313.205, 313.230, 313.820, 572.010, 572.015, and 572.100, RSMo, and
to enact in lieu thereof seventeen new sections relating to gaming, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.050, 313.205, 313.230, 313.820, 1
572.010, 572.015, and 572.100, RSMo, are repealed and seventeen 2
new sections enacted in lieu thereof, to be known as sections 3
27.180, 43.050, 313.205, 313.230, 313.425, 313.427, 313.429, 4
313.431, 313.433, 313.434, 313.435, 313.437, 313.820, 572.010, 5
572.015, 572.100, and 650.930, to read as follows:6
27.180. There is hereby created in the state treasury 1
the "Illegal Gaming Enforcement Fund", which shall consist 2
of revenues received by the state lottery commission 3
pursuant to subdivision (3) of subsection 3 of section 4
313.429 or other funds so appropriated. The state treasurer 5
shall be custodian of the fund. In accordance with sections 6
30.170 and 30.180, the state treasurer may approve 7
disbursements. Moneys in the fund shall be used by the 8
attorney general, prosecutors, and law enforcement to 9
investigate, enforce, charge, and prosecute violations of 10
chapter 572. Notwithstanding the provisions of section 11
33.080 to the contrary, any moneys remaining in the fund at 12
the end of the biennium shall not revert to the credit of 13
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the general revenue fund. The state treasurer shall invest 14
moneys in the fund in the same manner as other funds are 15
invested. Any interest and moneys earned on such 16
investments shall be credited to the fund. 17
43.050. 1. The superintendent may appoint not more 1
than thirty-four captains and one director of radio, each of 2
whom shall have the same qualifications as the 3
superintendent, nor more than sixty-eight lieutenants, and 4
such additional force of sergeants, corporals and patrolmen, 5
so that the total number of members of the patrol shall not 6
exceed one thousand sixty-four officers and patrolmen and 7
such numbers of radio personnel as the superintendent deems 8
necessary. 9
2. In case of a national emergency the superintendent 10
may name additional patrolmen and radio personnel in a 11
number sufficient to replace, temporarily, patrolmen and 12
radio personnel called into military services. 13
3. The superintendent may enter into an agreement with 14
the Missouri lottery commission and the Missouri gaming 15
commission to enforce any law, rule, or regulation, conduct 16
background investigations under the laws of this state, and 17
enforce the regulations of licensed gaming activities 18
governed by chapter 313. A notice of either party to 19
terminate or modify the provisions of such agreement shall 20
be in writing and executed not less than one year from the 21
effective date of the termination or modification, unless 22
mutually agreed upon by the superintendent [and], the 23
Missouri lottery commission, or the Missouri gaming 24
commission. Members of the patrol hired in conjunction with 25
any agreement with the Missouri lottery commission or the 26
Missouri gaming commission shall not be subject to the 27
personnel cap referenced in subsection 1 of this section. 28
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If such agreement is subsequently terminated or modified to 29
reduce the number of personnel used in such agreement, those 30
members affected by such termination or modification shall 31
not be subject to the personnel cap referenced in subsection 32
1 of this section for a period of five years. 33
4. Member positions of the patrol originally acquired 34
in conjunction with the community-oriented policing services 35
federal grant or members assigned to fulfill the duties 36
established in sections 43.350 to 43.380 shall not be 37
subject to the personnel cap referenced in subsection 1 of 38
this section. 39
5. Applicants shall not be discriminated against 40
because of race, creed, color, national origin or sex. 41
313.205. As used in sections 313.200 to 313.350, the 1
following words and terms shall have the meanings ascribed 2
to them in this section unless the context clearly requires 3
otherwise: 4
(1) "Commission" or "lottery commission", the three- 5
member body appointed by the governor to manage and oversee 6
the lottery and to appoint a director; 7
(2) "Commissioner", one of the members of the lottery 8
commission appointed by the governor pursuant to the 9
provisions of sections 313.200 to 313.350; 10
(3) "Director", the director of the state lottery 11
appointed by the commission as the chief administrator of 12
the state lottery; 13
(4) "Division", the division of the state lottery 14
authorized by sections 313.200 to 313.350; 15
(5) "Lottery" or "state lottery", the state lottery 16
established and operated pursuant to the provisions of 17
sections 313.200 to 313.350; 18
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(6) "Lottery contractor" or "lottery vendor", a person 19
with whom the division has contracted to provide goods or 20
services for the state lottery; 21
(7) "Lottery game" or "game", any procedure authorized 22
by written rule of the commission or by law whereby prizes 23
are distributed among persons who have paid, or have 24
unconditionally agreed to pay, for tickets or shares in 25
either a physical or electronic format which provide the 26
opportunity to win such prizes; 27
(8) "Lottery game retailer", any person with whom the 28
lottery commission has contracted to sell tickets or shares 29
in lottery games to the public; 30
(9) "Lottery ticket" or "shares", any bearer 31
instrument in a physical form or in an electronic format 32
authorized by the commission. A bearer instrument may 33
include credits that can be redeemed for use in playing 34
future lottery games; 35
(10) "Person", any natural person, firm, corporation, 36
or other legal entity possessing a department of revenue 37
retail sales license, as provided by law. 38
313.230. The commission shall: 1
(1) Issue rules and regulations concerning the 2
operation of the Missouri state lottery. The rules and 3
regulations shall include, but shall not be limited to, the 4
following: 5
(a) The type of lottery to be conducted, except no 6
lottery may use any coin- or token-operated amusement device 7
[and no]. Lottery [game shall] games may be based [in any 8
form] on the outcome of sporting events where the maximum 9
ticket price does not exceed five dollars per ticket. 10
[However,] It shall be legal to use clerk- or player- 11
activated terminals or kiosks[, which are coin- or currency- 12
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operated,] to [dispense] sell lottery tickets. The 13
commission may also use an internet application to sell 14
electronic scratcher games, draw games, and pull-tab games 15
where a player may access such internet application to buy 16
lottery tickets in an electronic format using a personal 17
device; 18
(b) The price, or prices, of tickets or shares in the 19
lottery; 20
(c) The numbers and sizes of the prizes on the winning 21
tickets or shares; 22
(d) The manner of selecting the winning tickets or 23
shares; 24
(e) The manner of payment of prizes to the holders of 25
winning tickets or shares; 26
(f) The frequency of the drawings or selections of 27
winning tickets or shares, without limitation; 28
(g) The types or numbers of locations at which tickets 29
or shares may be sold and the method to be used in selling 30
tickets or shares; 31
(h) The method to be used in selling tickets or shares; 32
(i) The licensing of lottery game retailers to sell 33
tickets or shares; 34
(j) The manner and amount of compensation, including 35
commissions, ticket discounts, incentives and any other 36
remuneration, to be paid to or retained by lottery game 37
retailers; 38
(k) The apportionment of the total revenues accruing 39
from the sale of lottery tickets or shares and from all 40
other sources among: 41
a. The payment of prizes to the holders of winning 42
tickets or shares; 43
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b. The payment of costs incurred in the operation and 44
administration of the lottery, including the expenses of the 45
commission and the costs resulting from any contract or 46
contracts entered into for promotional, advertising or 47
operational services or for the purchase or lease of lottery 48
equipment and materials; 49
c. For the repayment to the general revenue fund of 50
any amount appropriated for initial start-up of the lottery; 51
and 52
d. For timely transfer to the state lottery fund as 53
provided by law; 54
(l) Such other matters necessary or desirable for the 55
efficient and economical operation and administration of the 56
lottery and for the convenience of the purchasers of tickets 57
or shares and the holders of winning tickets or shares. The 58
commission may disburse money for payment of lottery prizes; 59
(2) Amend, repeal, or supplement any such rules and 60
regulations from time to time as it deems necessary or 61
desirable; 62
(3) Advise and make recommendations to the director 63
regarding the operation and administration of the lottery; 64
(4) Report quarterly to the governor and the general 65
assembly the total lottery revenues, prize disbursements and 66
other expenses for the preceding quarter, and to make an 67
annual report, which shall include a full and complete 68
statement of lottery revenues, prize disbursements and other 69
expenses, to the governor and the general assembly, and 70
including such recommendations for changes in sections 71
313.200 to 313.350 as it deems necessary or desirable; 72
(5) Report to the governor and general assembly any 73
matters which shall require immediate changes in the laws of 74
this state in order to prevent abuses and evasions of 75
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sections 313.200 to 313.350 or rules and regulations 76
promulgated thereunder or to rectify undesirable conditions 77
in connection with the administration or operation of the 78
lottery; 79
(6) Carry on a continuous study and investigation of 80
the lottery throughout the state and to make a continuous 81
study and investigation of the operation and the 82
administration of similar laws which may be in effect in 83
other states or countries, any literature on the subject 84
which from time to time may be published or available, any 85
federal laws which may affect the operation of the lottery, 86
and the reaction of Missouri citizens to existing and 87
potential features of the lottery with a view to 88
recommending or effecting changes that will tend to serve 89
the purposes of sections 313.200 to 313.350; 90
(7) Ensure that all employees of the state lottery 91
commission hired after July 12, 1990, shall not be related 92
to any member of the state lottery commission or any 93
employee of the state lottery commission within the third 94
degree of consanguinity or affinity. 95
313.425. Sections 313.425 to 313.437 shall be known 1
and may be cited as the "Honoring Missouri Veterans and 2
Supporting Missouri Education Act" and shall provide 3
additional funding for Missouri education programs and the 4
Missouri veterans commission and provide additional 5
resources for Missouri municipalities and counties by 6
establishing a licensing and regulatory framework for a 7
system of video lottery game terminals to conduct lottery 8
games. 9
313.427. As used in sections 313.425 to 313.437, the 1
following terms shall mean: 2
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(1) "Adjusted gross gaming revenue", the amount of 3
revenue generated by a video lottery game terminal that is 4
remaining after: 5
(a) Payments of winning to players; and 6
(b) Deduction by the commission of that amount 7
necessary to pay direct administrative costs for the 8
operation of the centralized computer system, but before 9
deduction of the adjusted gross gaming revenue tax; 10
(2) "Adjusted gross gaming revenue tax", a tax of 11
thirty-four percent imposed on adjusted gross gaming revenue; 12
(3) "Centralized computer system", a computerized 13
system developed or procured by the commission that video 14
lottery game terminals are connected to using standard 15
industry protocols that can activate or deactivate a 16
particular video lottery game terminal from a remote 17
location and that is capable of monitoring and auditing 18
video lottery game plays; 19
(4) "Commission" or "lottery commission", the state 20
lottery commission appointed by the governor to manage and 21
oversee the lottery under section 313.215; 22
(5) "Net terminal income", the amount of adjusted 23
gross gaming revenue remaining after deduction of the tax 24
imposed by the commission under section 313.429; 25
(6) "Use agreement", a contract executed by and 26
between a video lottery terminal operator and a video 27
lottery terminal retailer approved by the commission 28
containing minimum terms and conditions determined by the 29
commission establishing the right of the video lottery 30
terminal operator to place and operate video lottery 31
terminals on the premises of a video lottery terminal 32
retailer; 33
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(7) "Video lottery game", any game approved by the 34
commission for play on an approved video lottery game 35
terminal; 36
(8) "Video lottery game adjusted gross receipts", the 37
total of cash or cash equivalents, before the deduction of 38
the tax imposed under section 313.429, used to play a video 39
lottery game on a video lottery game terminal. "Video 40
lottery game adjusted gross receipts" shall not include cash 41
or cash equivalents paid to players of video lottery games 42
on a video lottery game terminal or the amounts deducted by 43
the commission of funds necessary to pay direct 44
administrative costs for the operation of the centralized 45
computer system; 46
(9) "Video lottery game handler", a person who is 47
licensed by the commission and employed by a video lottery 48
game operator to handle, place, operate, and service video 49
lottery game terminals and associated equipment; 50
(10) "Video lottery game manufacturer" or 51
"distributor", any person licensed by the commission who: 52
(a) Manufactures video lottery games, video lottery 53
game terminals, or major parts and components for video 54
lottery game terminals as approved by the commission for 55
sale to video lottery game operators; or 56
(b) Distributes or services video lottery games, video 57
lottery game terminals, or major parts and components of 58
video lottery game terminals, including buying, selling, 59
leasing, renting, or financing new, used, or refurbished 60
video lottery game terminals to and from licensed video 61
lottery game manufacturers and licensed video lottery game 62
operators; 63
(11) "Video lottery game operator", a person who is 64
licensed by the commission and owns, rents, or leases and 65
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services or maintains video lottery game terminals for 66
placement in licensed video lottery game retailer 67
establishments; 68
(12) "Video lottery game retailer", a retail 69
establishment that is licensed by the commission to enter 70
into agreements with video lottery game operators for the 71
placement of video lottery game terminals and meets the 72
requirements of a lottery game retailer under section 73
313.260. No establishment with a primary purpose of 74
providing entertainment, activities, or educational services 75
to anyone under the age of eighteen shall be licensed as a 76
video lottery game retailer; 77
(13) "Video lottery game terminal or electronic gaming 78
machine", any device that through an electronic, mechanical, 79
or electromechanical process, including through the use of 80
any application, software, or other system that accepts 81
legal tender or other forms of digital currency to play, and 82
through which is used to generate a prize of money or form 83
of credit that can be redeemed for money or another form of 84
monetary payment that is presented to the user by a set or 85
combination of alphanumeric symbols or lines of symbols that 86
determine the amount of the prize, regardless of the 87
operating system that determined the prize. Electronic 88
gaming machines, with the exception of those operated under 89
section 313.800, shall be regulated by the Missouri lottery 90
commission. All other forms of electronic gaming machines 91
that are not regulated by the commission or bear the 92
commission's seal are not legal under the definition of a 93
slot machine in section 572.010; 94
(14) "Video lottery game terminal credit", credits 95
either purchased or won on a video lottery game terminal 96
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that may be used to play video lottery games or be converted 97
into a video lottery game ticket; 98
(15) "Video lottery game ticket" or "ticket", a 99
document printed at the conclusion of any video lottery game 100
play or group of plays that is redeemable for cash, 101
utilizing a video lottery game ticket redemption terminal, 102
or that may be reinserted into a video lottery game terminal 103
located in the video lottery game retailer from which such 104
ticket was issued for video lottery game terminal credit; 105
(16) "Video lottery game ticket redemption terminal", 106
the collective hardware, software, communications 107
technology, and other ancillary equipment used to facilitate 108
the payment of tickets cashed out by players as a result of 109
playing a video lottery game terminal. 110
313.429. 1. (1) The commission shall implement a 1
system of video lottery game terminals and issue licenses to 2
video lottery game manufacturers, video lottery game 3
distributors, video lottery game operators, video lottery 4
game handlers, and video lottery game retailers; provided, 5
however, that no person licensed as a: 6
(a) Video lottery game manufacturer or a video lottery 7
game distributor shall be issued a license as a video 8
lottery game operator or a video lottery game retailer; 9
(b) Video lottery game operator shall be issued a 10
license as a video lottery game manufacturer, a video 11
lottery game distributor, or a video lottery game retailer; 12
and 13
(c) Video lottery game retailer shall be issued a 14
license as a video lottery game manufacturer, a video 15
lottery game distributor, or a video lottery game operator. 16
(2) Nothing in this subsection shall prevent a video 17
lottery game manufacturer from obtaining a video lottery 18
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game manufacturer's license and a video lottery game 19
distributor's license and providing and operating the 20
centralized computer system for monitoring video lottery 21
game terminals. 22
(3) The commission shall not authorize or allow a 23
single vendor licensee to implement the system of video 24
lottery game terminals. A vendor that provides the 25
centralized computer system shall not be eligible to be 26
licensed as a video lottery game operator or video lottery 27
game retailer. 28
(4) The commission shall ensure that the video lottery 29
game system authorized by sections 313.425 to 313.437 shall 30
allow for multiple video lottery game manufacturers, video 31
lottery game distributors, and video lottery game operators 32
to encourage private sector investment and job opportunities 33
for Missouri citizens. 34
2. Video lottery game terminals and video lottery 35
games shall meet independent testing standards approved by 36
the commission, as tested by one or more licensed 37
independent test labs. The commission shall promulgate 38
rules for minimum standards for video lottery game terminals 39
operating in the state. Such minimum standards shall 40
include: 41
(1) Video lottery game terminals shall conform to all 42
requirements of federal law and regulations, including FCC 43
Class A Emission Standards; 44
(2) Video lottery game terminals and video lottery 45
games shall theoretically pay out a mathematically 46
demonstrable percentage during the expected lifetime of the 47
machine of all amounts played, which shall not be less than 48
eighty percent. The commission shall establish a maximum 49
payout percentage for approved models by rule. Video 50
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lottery game terminals that may be affected by skill shall 51
meet this standard when using a method of play that will 52
provide the greatest return to the player over a period of 53
continuous play; 54
(3) Video lottery game terminals shall use a random 55
number generator computer, software, or similar random 56
selection process to generate and produce an independent and 57
random outcome of each play of a lottery game. The random 58
selection process shall meet ninety-nine percent confidence 59
limits using a standard chi-squared test for goodness of fit; 60
(4) Video lottery game terminals shall display an 61
accurate representation of the game outcome; 62
(5) Video lottery game terminals shall not 63
automatically alter pay tables or any function of the video 64
lottery game terminal based on internal computation of hold 65
percentage or have any means of manipulation that affects 66
the random selection process or probabilities of winning a 67
game; 68
(6) Video lottery game terminals shall not be 69
adversely affected by static discharge or other 70
electromagnetic interference; 71
(7) Video lottery game terminals shall, while in an 72
idle state or on demand, be capable of detecting and 73
displaying "power reset", "door open", and "door just 74
closed"; 75
(8) Video lottery game terminals shall have the 76
capacity to display complete play history including, but not 77
limited to, outcome, intermediate play steps, credits 78
available, bets placed, credits paid, and credits cashed 79
out, for the most recent game played and ten games played 80
immediately prior thereto; 81
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(9) The theoretical payback percentage of a video 82
lottery game terminal shall not be capable of being changed 83
without making a hardware or software change in the video 84
lottery game terminal, either onsite or through the central 85
computer system; 86
(10) Video lottery game terminals shall be designed so 87
that replacement of parts or modules required for normal 88
maintenance does not necessitate replacement of the 89
electromechanical meters; 90
(11) Video lottery game terminals shall have one or 91
more mechanisms that accept cash in the form of bills. The 92
mechanisms shall be designed to prevent obtaining credits 93
without paying by stringing, slamming, drilling, or other 94
means. If such attempts at physical tampering are made, the 95
video lottery game terminal shall suspend itself from 96
operating until reset; 97
(12) Video lottery game terminals shall have 98
accounting software that keeps an electronic record of 99
information including, but not limited to, total cash 100
inserted, value of winning tickets claimed by players, total 101
credits played, total credits awarded by a video lottery 102
game terminal, and payback percentage credited to players of 103
each video lottery game; 104
(13) Video lottery game terminals shall be capable of 105
issuing and accepting tickets for play, commonly known as 106
ticket-in, ticket-out. Video lottery game terminals shall 107
not directly dispense anything of value except for tickets 108
representing credits purchased or won on a video lottery 109
game terminal. The ticket shall indicate the total amount 110
of award, the time of day in a twenty-four-hour format 111
showing hours and minutes, the date, the video lottery game 112
terminal serial number, the sequential number of the ticket, 113
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and an encrypted validation number from which the validity 114
of the prize may be determined; and 115
(14) Video lottery game terminals and redemption 116
terminals shall be connected to a centralized computer 117
system developed or procured by the commission. The 118
commission shall provide licensed video lottery game 119
operators with the necessary protocols to connect video 120
lottery game terminals to the centralized computer system 121
after such terminals have been approved by the commission. 122
No video lottery game terminal shall be placed in operation 123
without first connecting to the centralized computer system. 124
3. (1) The commission may impose an initial 125
nonrefundable administrative license application fee that 126
shall be submitted when the application is filed and 127
deposited in the state lottery fund as follows: 128
(a) For video lottery game manufacturers and video 129
lottery game distributors, twenty-five thousand dollars; 130
(b) For video lottery game operators, fifty thousand 131
dollars; 132
(c) For video lottery game retailer establishments, 133
one thousand dollars for each video lottery game retailer's 134
establishment; and 135
(d) For video lottery game handlers, one hundred 136
dollars. 137
(2) The initial license shall be for a period of one 138
year. Thereafter, license renewal periods shall be four 139
years with the applicable renewal fee paid in advance for 140
each year of such license renewal. Annual license renewal 141
fees for anyone licensed pursuant to this subsection, and 142
subsequent to the initial one-year period, shall be as 143
follows: 144
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(a) Five thousand dollars for video lottery game 145
manufacturers and video lottery game distributors; 146
(b) Fifty thousand dollars for video lottery game 147
operators; 148
(c) One hundred dollars for video lottery game 149
handlers; and 150
(d) One thousand dollars for each video lottery game 151
retailer's establishment. 152
(3) In addition to any other fees imposed by sections 153
313.425 to 313.437, an annual administrative fee of one 154
thousand dollars shall be paid for each video lottery game 155
terminal placed in service, and shall be deemed an 156
administrative fee on the device itself and not on the 157
operation or play thereof. Such annual administrative fee 158
shall be equally divided and paid by the video lottery game 159
operator and the video lottery game retailer to the 160
commission once a year. The commission shall deposit two 161
hundred dollars of the fee in the state lottery fund. The 162
remaining eight hundred dollars of such fee shall not be 163
considered state revenues and shall be paid as follows: 164
(a) One hundred dollars shall be transmitted to the 165
Missouri state highway patrol for use in investigations and 166
enforcement of sections 313.425 to 313.437; 167
(b) One hundred dollars shall be transmitted to the 168
Missouri attorney general's office for use in illegal 169
gambling enforcement; 170
(c) Four hundred dollars shall be transmitted to the 171
veterans' commission; and 172
(d) Two hundred dollars shall be transmitted to the 173
municipality in which the video lottery game terminal is 174
located, except that if a video lottery game terminal is 175
located in an unincorporated area of a county, the two 176
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hundred dollars shall be transmitted to the county in which 177
the video lottery game terminal is located. 178
(4) No license shall be issued to any person who has 179
been convicted of a felony or any crime involving illegal 180
gambling. 181
(5) A licensee shall notify the commission of any 182
change relating to the status of its license or any other 183
information contained in the application materials on file 184
with the commission. 185
4. Licensed video lottery game operators and licensed 186
video lottery game retailers shall enter into a use 187
agreement for the placement of video lottery game 188
terminals. The video lottery game terminal operator shall 189
provide a true and accurate copy of the executed use 190
agreement to the video lottery game terminal retailer within 191
ten days after the agreement by the parties. The agreement 192
shall be on a form prepared and provided by the commission. 193
The form shall contain commercially reasonable terms 194
including, but not limited to: 195
(1) An equal division of net terminal income between a 196
video lottery game operator and video lottery game retailer; 197
(2) A requirement that the video lottery game terminal 198
operator is to be responsible for collection, remittance, 199
and disbursement of gross gaming revenue tax and net 200
terminal revenue; 201
(3) An affirmative statement that no inducement was 202
offered or accepted regarding the placement or operation of 203
video lottery game terminals at the video lottery game 204
terminal retailer's location; 205
(4) An indemnity and hold harmless provision on behalf 206
of the state, the commission, and its agents relative to any 207
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cause of action arising out of the agreement between a video 208
lottery game operator and a video lottery game retailer; 209
(5) A prohibition on the assignment of the agreement 210
from or to any person except from a video lottery game 211
terminal operator to another video lottery game terminal 212
operator or from a video lottery game retailer to another 213
video lottery game retailer; 214
(6) A release of the video lottery game terminal 215
retailer from any continuing contractual obligation to the 216
video lottery game terminal operator if the video lottery 217
game terminal operator has its license revoked or denied, 218
has its renewal denied, or surrenders its license; 219
(7) A provision that the parties agree to modify the 220
agreement to the extent necessary to comply with a change in 221
Missouri law or commission rules; and 222
(8) Provisions approved by the commission. 223
5. No video game lottery retailer shall enter into an 224
use agreement with more than one video lottery game operator 225
at any time. Only upon termination of a use agreement with 226
a video lottery game operator may a video lottery game 227
retailer enter into a new use agreement with a different 228
video lottery game operator. 229
6. All licensees shall remain subject to all income 230
taxes, sales taxes, and use taxes lawfully assessed by this 231
state, or any municipality, county, or other political 232
subdivision of this state; provided, however, that a 233
municipality, county, or other political subdivision of this 234
state shall not impose, levy, collect, or assess any license 235
requirement, tax, or fee including, but not limited to, any 236
permit tax or fee, sticker fee, occupation tax or fee, 237
amusement tax or fee, or taxes or fees upon the play, use, 238
ownership, lease, placement, operation, repair, service, 239
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transportation, or storage of any video lottery game 240
terminal, video lottery game, video lottery game terminal 241
manufacturer, video lottery game terminal distributor, video 242
lottery game terminal operator, or video lottery game 243
terminal retailer. 244
7. (1) Video lottery game terminals shall be 245
inspected and approved by the commission prior to being 246
sold, leased, or transferred. 247
(2) Licensed video lottery game manufacturers may buy, 248
sell, or lease new or refurbished video lottery game 249
terminals to and from licensed video lottery game 250
distributors and video gaming operators. 251
(3) Licensed video lottery game distributors may buy, 252
sell, or lease new or refurbished video lottery game 253
terminals to or from licensed video lottery game 254
manufacturers or licensed video lottery game operators. 255
(4) Video lottery game ticket redemption terminals 256
shall meet independent testing standards approved by the 257
commission. Notwithstanding any other provision of law to 258
the contrary, any video lottery game operator that owns or 259
leases video lottery ticket redemption terminals prior to 260
the operational date established in subdivision (6) of 261
subsection 1 of section 313.431 may use or sell such video 262
lottery ticket redemption terminals pursuant to the terms of 263
sections 313.425 to 313.437. The commission shall approve 264
for use and sale any ticket redemption terminal that is in 265
operation and meets the requirements of sections 313.425 to 266
313.437, or that has been approved by another state for 267
operation for use as part of that state's video lottery game 268
system. 269
8. (1) Licensed video lottery game operators: 270
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(a) May buy, lease, or rent video lottery game 271
terminals from licensed video lottery game manufacturers or 272
distributors; 273
(b) May handle, place, and service video lottery game 274
terminals; and 275
(c) Shall connect such video lottery game terminals to 276
the centralized computer system approved by the commission. 277
(2) Notwithstanding any other provisions of law to the 278
contrary, all video lottery game tickets shall be redeemed 279
using a video lottery game ticket redemption terminal. Such 280
video lottery game ticket redemption terminal shall be 281
located within a video lottery game retailer's establishment 282
in direct proximity to such video lottery game terminals. 283
Video lottery game operators shall pay the commission thirty- 284
two percent of any unclaimed cash prize associated with each 285
video lottery game ticket that has not been redeemed within 286
one hundred eighty days of issue. 287
(3) A video lottery game terminal operator shall not 288
be, directly or indirectly, a landlord or lessor of real 289
property to a video lottery game retailer. No lease of real 290
property may contain a provision requiring any sharing or 291
splitting of net terminal income, or any method of rent 292
calculation using a percentage of net terminal income, or 293
any other similar provision or method for the determination 294
or calculation of any rent concession, or other charge by a 295
lessor to a lessee. 296
(4) (a) Only a video lottery game operator or an 297
operator's employee may negotiate and enter into a use 298
agreement with a video lottery game retailer for the initial 299
or continued placement of video lottery game terminals. 300
Such agreement shall be on a form approved by the 301
commission. Video lottery game operators and video lottery 302
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game retailers shall not offer anything of value, other than 303
the percentage of adjusted gross receipts provided under 304
this subsection, as part of any agreement or contract. 305
(b) No video lottery game operator or video lottery 306
game retailer shall pay compensation or any other valuable 307
consideration to any third party for the solicitation, 308
procurement, execution, or delivery of any contract or 309
agreement with a video lottery game operator or video 310
lottery game retailer, except as approved by the commission. 311
(5) Agreements for the initial or continued placement 312
of video lottery game terminals entered into prior to the 313
start date established under section 313.431 between a 314
prospective video lottery game operator and a prospective 315
video lottery game retailer shall be invalid. 316
9. (1) To combat problem gambling, video lottery game 317
operators shall allow players to be self-excluded from video 318
lottery game play. Operators shall provide the commission 319
with a list of players who have elected to be excluded from 320
video lottery game play within thirty days of such election 321
and shall update such list periodically as required by the 322
commission. Such list shall be a closed record under 323
chapter 610 and shall not be released to the public. The 324
commission shall issue such self-exclusion procedures by 325
rule. 326
(2) Notwithstanding any other provision of law to the 327
contrary, a video lottery game operator may establish a 328
player rewards system, which shall be approved by the 329
commission. No player shall be required to enroll in a 330
rewards program offered by a video lottery game operator as 331
a condition to play video lottery games. 332
10. No licensed video lottery game operator shall: 333
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(1) Offer video lottery game terminals that directly 334
dispense anything of value except for video lottery game 335
tickets. Tickets shall be dispensed by pressing the ticket 336
dispensing button on the video lottery game terminal at the 337
end of any video lottery game play. The ticket shall 338
indicate the total amount of video lottery game terminal 339
credits and the cash award, the time of day in a twenty-four- 340
hour format showing hours and minutes, the date, the 341
terminal serial number, the sequential number of the ticket, 342
and an encrypted validation number from which the validity 343
of the prize may be determined. The price of video lottery 344
game terminal credits shall be determined by the 345
commission. The maximum wager played per video lottery game 346
for a single video lottery game play shall not exceed four 347
dollars. The maximum prize for a single video lottery game 348
play shall be no more than one dollar less than the minimum 349
amount required to report gambling winnings from slot 350
machines pursuant to IRS Form W2G and IRS Form 5754; 351
(2) Operate more than eight video lottery game 352
terminals per location on the premises that maintains a 353
video lottery game retailer's license; 354
(3) Advertise to the public through any means 355
including, but not limited to, media outlets, direct mail, 356
telephone solicitation, billboards, or other signage. The 357
advertising prohibition contained in this subdivision shall 358
apply to all licensees including, but not limited to, video 359
lottery game manufacturers, video lottery game distributors, 360
video lottery game operators, video lottery game retailers, 361
and video lottery game handlers. Notwithstanding any other 362
provision of law to the contrary, there is no prohibition or 363
restriction on direct or indirect marketing or advertising 364
between video lottery game manufacturers, video lottery game 365
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distributors, video lottery game operators, video lottery 366
game retailers, and video lottery game handlers such as in 367
trade journals or at trade conferences, and video lottery 368
game terminal operators may advertise, promote, and market 369
to players of video gaming terminals through player rewards 370
programs approved by the commission; or 371
(4) Allow video lottery games to be played at any time 372
when the video lottery game retailer's establishment is 373
closed for business. 374
11. (1) No person under twenty-one years of age shall 375
play video lottery games. The video lottery game retailer 376
shall be responsible for preventing persons under twenty-one 377
years of age from playing video lottery games. 378
(2) Video lottery game operators shall have a video 379
surveillance system within the immediate area of the video 380
lottery game retailer's establishment where video lottery 381
game terminals are located. The video lottery game retailer 382
shall maintain video footage for thirty days and shall, upon 383
request, provide such footage to the video lottery game 384
operator with which a video lottery game retailer has an 385
agreement or to the commission. Video footage taken by the 386
video surveillance system shall: 387
(a) Be deleted and expunged after the thirty day 388
period described in this subdivision; and 389
(b) Not make use of any facial recognition technology 390
or software. 391
(3) A video lottery game operator or video lottery 392
game retailer that fails to report any known violation of 393
law, rule, or regulation governing the conduct of video 394
lottery games in conformance with established commission 395
procedures may be subject to an administrative fine not to 396
exceed five thousand dollars. In the event a video lottery 397
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game operator or retailer is found to have knowingly 398
committed a violation of law, rule, or regulation governing 399
the conduct of video lottery games, the commission may 400
impose an administrative fine not to exceed five thousand 401
dollars, suspend such video lottery game operator's or 402
retailer's license for up to thirty days or, in the case of 403
repeated violations, revoke such operator's or retailer's 404
license for a period of one year. 405
(4) A video lottery game operator shall post a sign in 406
a conspicuous location where such video lottery game 407
terminals are located containing, in red lettering at least 408
one-half inch high on a white background, a telephone 409
contact number (1-888-BETSOFF) for the problem gambling 410
helpline. 411
(5) Pursuant to rules adopted by the commission, a 412
video lottery game operator shall be responsible for: 413
(a) Payments to winning players; 414
(b) Collecting all funds from video lottery game 415
terminals; 416
(c) Depositing all funds so collected into a separate 417
bank account maintained by the video lottery terminal 418
operator to allow for electronic fund transfers by the 419
commission on a monthly basis all applicable adjusted gross 420
gaming tax; and 421
(d) After such transfer by the commission, remitting 422
to the video lottery game retailer its share of net terminal 423
income on not less than a monthly basis. The video lottery 424
game operator may thereafter transfer its share of net 425
terminal income to its business operations account. 426
(6) A video lottery game retailer or operator shall 427
place a conspicuous warning label or sticker on each gaming 428
machine at each retail location in red lettering at least 429
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one-half inch high on a white background that reads, 430
"WARNING: GAMBLING CAN BE ADDICTIVE". 431
12. The adjusted gross gaming revenue tax shall be 432
imposed on adjusted gross gaming revenue. Video lottery 433
terminal operators shall collect and remit the adjusted 434
gross gaming revenue tax, which shall be deposited in the 435
state lottery fund pursuant to rules adopted by the 436
commission. The commission shall use and transmit such 437
funds as follows: 438
(1) The commission shall retain an amount necessary to 439
cover any administrative expenses that are not covered by 440
reimbursements from video lottery game operators, less the 441
amount to be distributed pursuant to subdivision (2) of this 442
section, which shall not be considered state revenues and 443
such funds shall not be deposited into the state lottery 444
fund; 445
(2) The commission shall adopt rules to identify the 446
location, by city and county, of each video lottery terminal 447
being operated in the state and connected to the central 448
control system. Such city or county so identified shall 449
receive ten percent of the gross gaming revenue tax 450
collected and remitted on the adjusted gross gaming revenue 451
generated by those video lottery terminals located within 452
the jurisdiction of such identified city or county for use 453
in providing services necessary for the safety of the public 454
visiting a video lottery terminal retailer's location. All 455
revenue owed to such city or county shall be deposited and 456
distributed to such city or county in accordance with rules 457
adopted by the commission. Any such revenues distributed to 458
the governing bodies of any city or county shall not be 459
considered state funds and shall be deposited in such city 460
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or county's general revenue fund to be expended as provided 461
for in this section; 462
(3) All remaining funds not allocated for 463
administrative expenses or not designated as state revenue 464
pursuant to subdivision (2) of this subsection shall be 465
deposited in the state lottery fund and transferred by 466
appropriation to the lottery proceeds fund and shall be 467
appropriated equally to public elementary and secondary 468
education and public institutions of higher learning with an 469
emphasis on funding elementary and secondary education 470
student transportation costs and public institutions of 471
higher education workforce development programs. The 472
funding provided for in this subdivision shall supplement, 473
and not supplant, any education funding otherwise 474
appropriated by the general assembly. 475
13. All revenues received by the commission from 476
license fees and any reimbursements associated with the 477
administration of the provisions of sections 313.425 to 478
313.437, and all interest earned thereon, shall be 479
considered administrative expenses and shall be deposited in 480
the state lottery fund. Moneys deposited into the state 481
lottery fund from license fees and any reimbursements of 482
commission administrative expenses to administer sections 483
313.425 to 313.437 shall be considered administrative 484
expenses and shall not be considered net proceeds under 485
Article III, Section 39(b) of the Constitution of Missouri. 486
Subject to appropriation, up to one percent of such license 487
fees shall be deposited to the credit of the compulsive 488
gamblers fund created under section 313.842. The remainder 489
of the moneys deposited in the state lottery fund from video 490
lottery game license fees and any reimbursements of 491
commission administrative expenses to enforce sections 492
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313.425 to 313.437 shall be used for administrative expenses 493
associated with supervising and enforcing the provisions of 494
sections 313.425 to 313.437. 495
14. The commission shall contract with a state law 496
enforcement entity to assist in conducting background 497
investigations of video lottery game license applicants, and 498
for the enforcement of sections 313.425 to 313.437. 499
15. A video lottery game licensee found to have 500
violated sections 313.425 to 313.437 may appeal such finding 501
directly to a circuit court of competent jurisdiction. 502
Notwithstanding any other provision of law to the contrary, 503
there is no requirement to exhaust any administrative 504
remedies. 505
16. The commission shall adopt rules for the 506
implementation of the video lottery game system authorized 507
under sections 313.425 to 313.437 including, but not limited 508
to, a reasonable designation of an area within a video 509
lottery game retailer's premises as the gaming area that is 510
distinct and divided from the primary business operation 511
area of the retailers establishment where all video lottery 512
terminals and ancillary equipment shall be placed and 513
operated and all gaming activity shall be conducted. Any 514
rule or portion of a rule, as that term is defined in 515
section 536.010, that is created under the authority 516
delegated in this section shall become effective only if it 517
complies with and is subject to all of the provisions of 518
chapter 536 and, if applicable, section 536.028. This 519
section and chapter 536 are nonseverable and if any of the 520
powers vested with the general assembly pursuant to chapter 521
536 to review, to delay the effective date, or to disapprove 522
and annul a rule are subsequently held unconstitutional, 523
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then the grant of rulemaking authority and any rule proposed 524
or adopted after August 28, 2026, shall be invalid and void. 525
313.431. In order to expedite the orderly 1
implementation of the video lottery game system authorized 2
under sections 313.425 to 313.437, the commission shall: 3
(1) Contract for the supply and operation of a 4
centralized computer system for video lottery games no later 5
than one hundred eighty days after the effective date of 6
sections 313.425 to 313.437; 7
(2) Make license applications for video lottery game 8
manufacturers, video lottery game distributors, video 9
lottery game operators, video lottery game retailers, and 10
video lottery game handlers available to applicants and 11
accept such applications and promulgate any emergency or 12
regular rules and regulations needed for the implementation 13
of the video lottery game system authorized under sections 14
313.425 to 313.437 no later than one hundred eighty days 15
after the effective date of sections 313.425 to 313.437; 16
(3) Issue an approved form for persons applying for a 17
video lottery game terminal operator's license available for 18
use in contracting with a video lottery game retailer no 19
later than one hundred eighty days after the effective date 20
of sections 313.425 to 313.437; 21
(4) Establish a start date for when all initial video 22
lottery game operator licensees may begin soliciting 23
contracts with video lottery game retailers for the 24
placement of video lottery game terminals. No licensee 25
shall be allowed to solicit contracts prior to the 26
established start date. Such start date shall be set no 27
more than one hundred eighty days after the last video 28
lottery game operator's application received in the first 29
SB 941 29
year after the implementation of sections 313.425 to 313.437 30
is approved by the commission; 31
(5) Approve or deny any completed video lottery game 32
retailer application or video lottery game operator 33
application no more than ninety days after such application 34
is received. For all such applications received in the 35
first year after the implementation of sections 313.425 to 36
313.437, applications shall be approved or denied at least 37
thirty days prior to the start date established in 38
subdivision (4) of this subsection. The operating of a no- 39
chance game shall not be cause for denial of a VLT 40
operator's or retailer's license; and 41
(6) Establish a date by which the system of video 42
lottery game terminals shall be operational. The 43
operational date shall be set no more than one hundred 44
eighty days after the start date established in subdivision 45
(4) of this subsection. 46
313.433. Notwithstanding any other provision of law to 1
the contrary, participation by a person, firm, corporation, 2
or organization in any aspect of the state lottery under 3
sections 313.425 to 313.437 shall not be construed to be a 4
lottery or gift enterprise in violation of Article III, 5
Section 39 of the Constitution of Missouri. 6
313.434. 1. The state of Missouri shall be exempt 1
from the provisions of 15 U.S.C. Section 1172, as amended. 2
2. All shipments of gaming devices used to conduct 3
video lottery games authorized under sections 313.425 to 4
313.437 to licensees, the registering, recording, and 5
labeling of which have been completed by the manufacturer or 6
distributor thereof in accordance with 15 U.S.C. Sections 7
1171 to 1178, as amended, shall be legal shipments of 8
gambling devices into this state. 9
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313.435. 1. A municipality may adopt an ordinance 1
permitting video lottery game terminals within the corporate 2
limits of such municipality within one hundred eighty days 3
from the effective date of this act. Such municipality 4
shall notify the commission of the ordinance within seven 5
days of passage. A municipality that has adopted such an 6
ordinance may at any time thereafter adopt an ordinance 7
prohibiting video lottery game terminals within the 8
corporate limits of such municipality. 9
2. A county commission may, for the unincorporated 10
area of the county, adopt an ordinance permitting video 11
lottery game terminals within the unincorporated area of the 12
county within one hundred eighty days from the effective 13
date of this act. Such county shall notify the commission 14
of the ordinance within seven days of passage. A county 15
commission that has adopted such an ordinance may at any 16
time thereafter adopt an ordinance prohibiting video lottery 17
game terminals within the unincorporated area of the county. 18
3. Any municipality or county adopting an ordinance 19
that prohibits the licensing of video lottery games shall 20
notify the commission of such action and provide a certified 21
copy of such ordinance to the commission. Upon receiving 22
such notification and ordinance, the commission shall not 23
license video lottery game retailers within such area 24
covered by such municipal or county ordinance. 25
4. If any such municipality or county that has opted 26
to prohibit the use of video lottery game terminals to play 27
video lottery games repeals such ordinance, the municipality 28
or county shall notify the commission, and upon notification 29
of the repeal, the commission may license video lottery game 30
retailers within such municipality or county to conduct 31
video lottery games. 32
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313.437. Nothing in sections 313.425 to 313.437 shall 1
be construed to prohibit or bar the issuance of any license 2
described therein to an applicant on the basis of that 3
applicant's operation, handling, leasing, licensing, 4
servicing, or placing of machines or devices used for 5
amusement purposes, except that any video lottery game 6
retailer shall attest, on a form provided by the commission, 7
that the video lottery game retailer does not have any 8
machines or devices operating in the retail establishment 9
where winning game plays result in a cash payout. This form 10
shall be submitted no later than forty-eight hours after the 11
placement and operation of any video lottery game terminals 12
in the retail establishment. 13
313.820. 1. An excursion boat licensee shall pay to 1
the commission an admission fee of [two] four dollars for 2
each person embarking on an excursion gambling boat with a 3
ticket of admission. One dollar of such fee shall be 4
deposited to the credit of the gaming commission fund as 5
authorized pursuant to section 313.835, two dollars of such 6
fee shall be transferred to the Missouri veterans commission 7
as established under section 42.007, and one dollar of such 8
fee shall not be considered state funds and shall be paid to 9
the home dock city or county. Subject to appropriation, one 10
cent of such fee deposited to the credit of the gaming 11
commission fund may be deposited to the credit of the 12
compulsive gamblers fund created pursuant to the provisions 13
of section 313.842. Nothing in this section shall preclude 14
any licensee from charging any amount deemed necessary for a 15
ticket of admission to any person embarking on an excursion 16
gambling boat. If tickets are issued which are good for 17
more than one excursion, the admission fee shall be paid to 18
the commission for each person using the ticket on each 19
SB 941 32
excursion that the ticket is used. If free passes or 20
complimentary admission tickets are issued, the excursion 21
boat licensee shall pay to the commission the same fee upon 22
these passes or complimentary tickets as if they were sold 23
at the regular and usual admission rate; however, the 24
excursion boat licensee may issue fee-free passes to actual 25
and necessary officials and employees of the licensee or 26
other persons actually working on the excursion gambling 27
boat. The issuance of fee-free passes is subject to the 28
rules of the commission, and a list of all persons to whom 29
the fee-free passes are issued shall be filed with the 30
commission. 31
2. All licensees are subject to all income taxes, 32
sales taxes, earnings taxes, use taxes, property taxes or 33
any other tax or fee now or hereafter lawfully levied by any 34
political subdivision; however, no other license tax, permit 35
tax, occupation tax, excursion fee, or taxes or fees shall 36
be imposed, levied or assessed exclusively upon licensees by 37
a political subdivision. All state taxes not connected 38
directly to gambling games shall be collected by the 39
department of revenue. Notwithstanding the provisions of 40
section 32.057 to the contrary, the department of revenue 41
may furnish and the commission may receive tax information 42
to determine if applicants or licensees are complying with 43
the tax laws of this state; however, any tax information 44
acquired by the commission shall not become public record 45
and shall be used exclusively for commission business. 46
572.010. As used in this chapter the following terms 1
mean: 2
(1) "Advance gambling activity", a person advances 3
gambling activity if, acting other than as a player, he or 4
she engages in conduct that materially aids any form of 5
SB 941 33
gambling activity. Conduct of this nature includes but is 6
not limited to conduct directed toward the creation or 7
establishment of the particular game, lottery, contest, 8
scheme, gambling device, device or activity involved, toward 9
the acquisition or maintenance of premises, paraphernalia, 10
equipment or apparatus therefor, toward the solicitation or 11
inducement of persons to participate therein, toward the 12
actual conduct of the playing phases thereof, toward the 13
arrangement or communication of any of its financial or 14
recording phases, or toward any other phase of its 15
operation. A person advances gambling activity if, having 16
substantial proprietary control or other authoritative 17
control over premises being used with his or her knowledge 18
for purposes of gambling activity, he or she permits that 19
activity to occur or continue or makes no effort to prevent 20
its occurrence or continuation. The supplying, servicing 21
and operation of a licensed excursion gambling boat under 22
sections 313.800 to 313.840 does not constitute advancing 23
gambling activity; 24
(2) "Bookmaking", advancing gambling activity by 25
unlawfully accepting bets from members of the public as a 26
business, rather than in a casual or personal fashion, upon 27
the outcomes of future contingent events; 28
(3) "Contest of chance", any contest, game, gaming 29
scheme or gaming device in which the outcome depends in a 30
material degree upon an element of chance, notwithstanding 31
that the skill of the contestants may also be a factor 32
therein; 33
(4) "Gambling", a person engages in gambling when he 34
or she stakes or risks something of value upon the outcome 35
of a contest of chance or a future contingent event not 36
under his or her control or influence, upon an agreement or 37
SB 941 34
understanding that he or she will receive something of value 38
in the event of a certain outcome. 39
Gambling does not include bona fide business transactions 40
valid under the law of contracts, including but not limited 41
to contracts for the purchase or sale at a future date of 42
securities or commodities, and agreements to compensate for 43
loss caused by the happening of chance, including but not 44
limited to contracts of indemnity or guaranty and life, 45
health or accident insurance; nor does gambling include 46
playing an amusement device that confers only an immediate 47
right of replay not exchangeable for something of value. 48
Gambling does not include any licensed activity, or persons 49
participating in such games which are covered by sections 50
313.800 to 313.840; 51
(5) "Gambling device", any device, machine, 52
paraphernalia or equipment that is used or usable in the 53
playing phases of any gambling activity, whether that 54
activity consists of gambling between persons or gambling by 55
a person with a machine. However, lottery tickets, policy 56
slips and other items used in the playing phases of lottery 57
and policy schemes are not gambling devices within this 58
definition; 59
(6) "Gambling record", any article, instrument, 60
record, receipt, ticket, certificate, token, slip or 61
notation used or intended to be used in connection with 62
unlawful gambling activity; 63
(7) "Lottery" or "policy", an unlawful gambling scheme 64
in which for a consideration the participants are given an 65
opportunity to win something of value, the award of which is 66
determined by chance; 67
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(8) "Player", a person who engages in any form of 68
gambling solely as a contestant or bettor, without receiving 69
or becoming entitled to receive any profit therefrom other 70
than personal gambling winnings, and without otherwise 71
rendering any material assistance to the establishment, 72
conduct or operation of the particular gambling activity. A 73
person who gambles at a social game of chance on equal terms 74
with the other participants therein does not otherwise 75
render material assistance to the establishment, conduct or 76
operation thereof by performing, without fee or 77
remuneration, acts directed toward the arrangement or 78
facilitation of the game, such as inviting persons to play, 79
permitting the use of premises therefor and supplying cards 80
or other equipment used therein. A person who engages in 81
"bookmaking" as defined in subdivision (2) of this section 82
is not a player; 83
(9) "Professional player", a player who engages in 84
gambling for a livelihood or who has derived at least twenty 85
percent of his or her income in any one year within the past 86
five years from acting solely as a player; 87
(10) "Profit from gambling activity", a person profits 88
from gambling activity if, other than as a player, he or she 89
accepts or receives money or other property pursuant to an 90
agreement or understanding with any person whereby he 91
participates or is to participate in the proceeds of 92
gambling activity; 93
(11) "Slot machine", a gambling device that as a 94
result of the insertion of a coin or other object operates, 95
either completely automatically or with the aid of some 96
physical act by the player, in such a manner that, depending 97
upon elements of chance, it may eject something of value. A 98
device so constructed or readily adaptable or convertible to 99
SB 941 36
such use is no less a slot machine because it is not in 100
working order or because some mechanical act of manipulation 101
or repair is required to accomplish its adaptation, 102
conversion or workability. Nor is it any less a slot 103
machine because apart from its use or adaptability as such 104
it may also sell or deliver something of value on a basis 105
other than chance; 106
(12) "Something of value", any money or property, any 107
token, object or article exchangeable for money or property, 108
or any form of credit or promise directly or indirectly 109
contemplating transfer of money or property or of any 110
interest therein or involving extension of a service, 111
entertainment or a privilege of playing at a game or scheme 112
without charge; 113
(13) "Unlawful", not specifically authorized by law. 114
572.015. Nothing in this chapter prohibits 1
constitutionally authorized activities under Article III, 2
Sections 39(a) to 39(f) of the Missouri Constitution, 3
including a raffle that uses tickets, devices, or machines 4
in which a person buys game chances from a finite number of 5
raffle draws for a prize, provided that it can be proven 6
through the opinion of a qualified engineer from an 7
independent testing laboratory accredited under ISO standard 8
17025 that the determination of the winner of the raffle 9
using an electronic device or machine was the result of 10
draws of numbered tickets in electronic form, from a finite 11
deal thereof. 12
572.100. 1. The general assembly by enacting this 1
chapter intends to preempt any other regulation of the area 2
covered by this chapter. No governmental subdivision or 3
agency may enact or enforce a law that regulates or makes 4
any conduct in the area covered by this chapter an offense, 5
SB 941 37
or the subject of a criminal or civil penalty or sanction of 6
any kind. 7
2. The term "gambling", as used in this chapter, does 8
not include licensed activities under sections 313.800 to 9
313.840, and does not include licensed activities under 10
sections 313.425 to 313.437. 11
650.930. 1. There is hereby established within the 1
department of public safety the "Missouri Gaming Bureau". 2
The Missouri gaming commission and the Missouri lottery 3
commission may contract with the Missouri gaming bureau for 4
assistance in criminal and regulatory investigations 5
involving individuals, companies, and suppliers who are 6
applying for licensure or who are conducting any activities 7
under sections 313.800 to 313.850 or operations relating to 8
video lottery games. 9
2. The director of the gaming bureau shall be a 10
uniformed member of the Missouri state highway patrol who 11
shall be appointed by the superintendent of the state 12
highway patrol. The director shall be responsible for the 13
administrative operations of the gaming bureau and shall 14
perform such other duties as may be delegated or assigned to 15
the director by the department of public safety. Members of 16
the state highway patrol, pursuant to a memorandum of 17
understanding with the state highway patrol, may provide 18
services to the gaming bureau. The director may employ 19
additional members to serve in the gaming bureau, provided 20
that such persons are licensed peace officers under chapter 21
590 and have a minimum of six hundred hours of law 22
enforcement training. 23
3. Members of the gaming bureau shall have full power 24
and authority as are now or hereafter vested by law in peace 25
officers when working with the bureau which shall include 26
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the power to enforce the rules of the gaming commission with 27
respect to the gaming and lottery industry and the power to 28
investigate violations occurring on the gaming floor and 29
premises of casinos licensed under sections 313.800 to 30
313.850, violations by licensees of the lottery commission, 31
and violations of chapter 572. 32
4. Members of the gaming bureau shall be paid from 33
funds designated as administrative within the state lottery 34
fund established under section 313.321 that were generated 35
from revenues received by the Missouri lottery commission 36
from the sale of Missouri lottery tickets and from license 37
fees and reimbursements associated with the regulation and 38
operation of video lottery games in the state and from funds 39
designated as administrative within the gaming commission 40
fund established under section 313.835 that were generated 41
from revenues received by the Missouri gaming commission 42
from license fees and reimbursements associated with the 43
regulation and operation of excursion gambling boats in the 44
state. 45
5. The director of the department of public safety may 46
promulgate all necessary rules and regulations for the 47
administration of this section. Any rule or portion of a 48
rule, as that term is defined in section 536.010, that is 49
created under the authority delegated in this section shall 50
become effective only if it complies with and is subject to 51
all of the provisions of chapter 536 and, if applicable, 52
section 536.028. This section and chapter 536 are 53
nonseverable and if any of the powers vested with the 54
general assembly pursuant to chapter 536 to review, to delay 55
the effective date, or to disapprove and annul a rule are 56
subsequently held unconstitutional, then the grant of 57
SB 941 39
rulemaking authority and any rule proposed or adopted after 58
August 28, 2026, shall be invalid and void. 59
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