|SB 0486||Changes to the Gaming Commission Laws|
|LR Number:||S2324.01I||Fiscal Note:||2324-01|
|Committee:||Ways and Means|
|Last Action:||02/29/96 - Voted Do Not Pass S Ways & Means Committee|
|Effective Date:||August 28, 1996|
SB 486 - This act makes numerous changes to the laws regarding the Missouri Gaming Commission.
The Missouri State Highway Patrol is authorized to establish a Division of Gaming , provided the Patrol has entered into an agreement with the Gaming Commission.
(1) Agreements entered into by the Commission with law enforcement agencies may provide for the exchange of intelligence information, closed or privileged records.
(2) Contracts for investigative services may be entered into without a competitive bid.
(3) Criminal justice records, and any closed or privileged records in the Commission s possession may be disclosed by the Commission.
(4) Bingo definitions are added or clarified, including "bingo operator", "bingo premises", "hall provider", "licensee", and "manufacturer".
(5) The "Gaming Commission Bingo Fund" is abolished and all unobligated moneys in the fund as of June 30, 1996 are transferred to the "Gaming Commission Fund".
(6) The burden of proof is on the applicant at all times to prove, by clear and convincing evidence, sustainability to be licensed.
(7) All bingo licensing and renewal fees are made nonrefundable. Any organization obtaining more than three special bingo licenses during any calendar year shall submit an annual report. The statement of the purpose for which the bingo proceeds will be used must be updated annually.
(8) Any use of funds over the actual cost of conducting a bingo game which are not used for lawful, charitable, religious or philanthropic purposes of the organization shall be punishable as a Class D felony.
(9) The actual cost of conducting a bingo game shall include the actual cost of providing reasonable janitorial services, not in excess of the fair market rate, and shall also include the fair market value cost of advertising each bingo occasion, subject to constitutional restrictions.
(10) No person shall participate in the management, conduct or operation of a bingo game unless that person has been a member of the licensed organization for the six months preceding the participation in the operation of any bingo game and volunteers the time and service necessary to operate the game.
(11) Only a licensed organization may advertise a bingo occasion if such expenditures for advertising do not exceed 5% of the funds expended for charitable purposes.
(12) Only Missouri licensed bingo hall providers shall lease premises to licensed bingo organizations for the purpose of conducting bingo games.
(13) The supplier may retain 2% of the pull-tab tax.
(14) The procedure to follow when suspending, revoking or otherwise disciplining a license is established.
EXCURSION BOAT CHANGES
(1) Excursion gambling licensees may be allowed to create an artificial space up to 1,000 feet from the closest edge of the main channel of the river. Currently, licensees must create an artificial space up to 2,000 feet.
(2) The Commission may allow other forms of credit as well as tokens, electronic cards or chips, to be used for wagering on the excursion gambling boats and any other purpose the Commission authorizes.
(3) The Commission may establish a list of persons to be excluded from admission to any licensed excursion gambling boat. Inclusion on the exclusion list shall be limited to individuals the Commission determines pose a threat to the interest of Missouri or to the integrity of legalized gambling.
(4) Owners of excursion gambling boats must submit an application. Currently, only individuals wishing to conduct gambling games on an excursion gambling boat, or individuals wanting to operate an excursion gambling boat, must apply for a license from the Commission.
(5) Each applicant must establish its fitness to be licensed by clear and convincing evidence. Support facilities are subject to inspection along with the licensed excursion gambling boat. An application for licensure may be denied on the same grounds that a license may be suspended, revoked or subjected to the imposition of penalties.
(6) The Commission may regulate non-gaming suppliers. The Commission may require that an association with persons who are unsuitable to be affiliated with a gaming enterprise be terminated.
(7) Persons under the age of 21 shall not enter or attempt to enter an excursion gambling boat nor make or attempt to make a wager. Violators of this subsection shall be charged with a Class C misdemeanor.
(8) Any tax information obtained by the Commission may be disclosed in any hearing, order, or other official action.
(9) The funds paid to the home dock city or county may be used for public improvements and services to enhance the safety of the visiting public.
(10) The Commission's annual report to the General Assembly shall be due on March 1 instead of January 15.
(11) Only "improper" influence of official action of a member of the Commission is grounds for charging a person with a Class D felony. Currently, any influence of official action is punishable.
(12) Distribution of the "Gaming Commission Fund" is clarified. Penalties are removed from the fund, and will be distributed in the same manner as all other breaches in the penal laws of the state.
(13) The Commission may issue temporary liquor licenses to applicants. Such license shall only be valid for a maximum of 10 days and shall not permit unlicensed excursion gambling boats to sell liquor for consumption.
(14) The Western District Court of Appeals has appellate review of all final decisions of the Commission. All final decisions of the Commission must be appealed within 30 days of receipt of a notice that the Commission has rendered a decision.
(15) All investigatory, proprietary or application records of the Commission may be treated as closed and privileged records. Currently, these records may only be treated as closed records.
(16) The Commission may disclose all closed or privileged records to any law enforcement, prosecutorial or investigative governmental entity. Such records shall not be discoverable by any party in an administrative hearing.
(17) Licensed gaming activities are exempted from the civil cause of action for losses resulting from gaming activities.
This act contains many provisions similar to SB 8 (1995).