House Bill 299 (2010)

From FreedomKentucky
Jump to: navigation, search

House Bill 299 (or BR 37 2010) was introduced on January 20, 2010 by Representatives Greg Stumbo, Larry Clark, and Dennis Keene to the 2010 General Assembly.

It is an act relating to the Kentucky Lottery, directing the use of proceeds therefrom, including using the proceeds therefrom to accommodate various tax relief measures, and making an appropriation therefor.

House Bill 299 proposes to create a new section of KRS Chapter 154A to set forth legislative findings, amend KRS 154A.010 to define "approved track," "authority," "gross terminal revenue," "licensee," "manufacturer," "net terminal revenue," "video lottery games," "video lottery terminals," "racetrack"; amend KRS 154A.030 to restrict lottery directors from holding financial interest in licensee; amend KRS 154A.040 to conform; amend KRS 154A.050 to designate lottery board as board of appeals in licensing; amend KRS 154A.060 to require financial reporting on video lottery terminal revenue; amend KRS 154A.063 to exempt video lottery games approved by the corporation; amend KRS 154A.070 establishing lottery president's responsibilities; amend KRS 154A.080 to limit lottery employees' relationship with licensees; amend KRS 154A.090 to provide appeal rights; amend KRS 154A.110 to include unclaimed lottery prize money and restrict members of the lottery corporation from playing video lottery games; amend KRS 154A.130 to exempt video lottery revenues from deposit into corporate operating account; amend KRS 154A.420 to include proceeds of video lottery terminal game in lottery proceeds held by lottery retailers; create new sections of KRS Chapter 154A to restrict access to video lottery terminals to individuals over 21 years of age; specify powers of the corporation relating to conduct and operation of video lottery games; limit ex parte communication between board members and applicant or licensee; limit video lottery terminal operators to horse racing tracks and specify operating requirements of tracks; specify track licensing requirements and fee; specify occupational license requirements; specify technical requirements for video lottery terminals; create the video lottery distribution trust fund; create the problem gamblers awareness and treatment trust fund; assign Cabinet for Health and Family Services responsibility to problem gamblers awareness and treatment fund; provide for distribution of video lottery terminal net revenue; create the regional tourism and infrastructure development fund; provide for distribution of track video lottery net terminal revenue; create the Kentucky Equine Breed Authority, provide its funding, and establish funding parameters; provide that operation of video lottery games other than those authorized by this Act is gambling; define "cheat"; amend KRS 230.210 to specify track requirements; amend KRS 230.300 to specify that no new track shall be located within sixty miles of an existing track, nor shall there be more than nine tracks approved; amend KRS 243.500 and 243.505 to exempt video lottery games; amend KRS 525.090 to exempt video lottery games from loitering provision; amend KRS 528.010 to exempt video lottery games from gambling definition; amend KRS 154A.990 to provide penalties; amend KRS 68.180, 68.197, and 91.200 to exempt net terminal revenue from license tax; amend KRS 92.281 to prohibit assessing licensing fees on video lottery terminal receipts; amend KRS 92.300 to exempt video lottery terminal revenue from local license tax; amend KRS 132. 208 to exempt video lottery terminals and video lottery games from state and local ad valorem taxes; create a new section of KRS Chapter 137 to exempt video lottery terminal revenues from license, excise, special, or franchise taxes; amend KRS 139.531 and 139.470 to exempt sales tax on select items related to equine farming; create a new section of KRS Chapter 154A to provide an exemption from federal statutes prohibiting shipment of gambling devices; amend KRS 154A.650 to require criminal background checks by the lottery; provide legislative intent to use a portion of the proceeds of this Act to fund education programs; create a new section of KRS Chapter 141 and amend KRS 141.0205 to provide an income tax credit; create a new section of KRS Chapter 141 to provide an earned income tax credit; amend KRS 141.0401 to exempt net terminal revenue from limited liability entity tax; provide that final judgments overturning Sections 20, 21, 32, or 33 shall render Sections 58, 59, 63, 64, 65 and 66 void; Sections 58 and 59 to take effect January 1, 2012; declare an emergency for sections other than 58 and 59.[1]



  1. HB 299 on