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House Bill 137

Actions | Amendments
Last Action 03/17/20: recommitted to Licensing, Occupations, & Admin Regs (H)
Title AN ACT relating to wagering and making an appropriation therefor.
Bill Documents Introduced
Fiscal Impact Statements Actuarial Analysis
Corrections Impact
Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 364
Sponsors A. Koenig, A. Gentry, K. Banta, T. Bojanowski, C. Booker, G. Brown Jr, T. Burch, J. Donohue, K. Flood, J. Glenn, D. Graham, J. Graviss, C. Harris, A. Hatton, K. Hinkle, C. Howard, T. Huff, J. Jenkins, M. Koch, N. Kulkarni, M. Marzian, C. Massey, C. McCoy, M. Meredith, C. Miller, J. Miller, P. Minter, K. Moser, J. Nemes, D. Osborne, R. Palumbo, J. Raymond, R. Roberts, S. Santoro, D. Schamore, J. Sims Jr, M. Sorolis, C. Stevenson, S. Westrom, B. Wheatley, R. Wiederstein, L. Willner
Summary of Original Version Establish KRS Chapter 239 and create new sections to define “adjusted gross revenue,” “beginner,” “cabinet, “confidential information,” “entry fee,” “fantasy contest,” “fantasy contest operator," “fantasy contest participant", “highly experienced player,” “immediate family,” “location percentage,” “person,” “principal stockholder,” “registered fantasy contest operator,” “script,” “secretary,” and “wager”; establish requirements for registration as a fantasy contest operator; require the cabinet to promulgate administrative regulations for the operation of fantasy contests; establish the wagering administration fund and direct the uses of that fund; establish the Kentucky problem gambling assistance account and direct the uses of that account; require an annual audit of fantasy contest registrants; establish requirements for fantasy contest procedures; amend KRS 230.210 to define "professional sports venue" and "sports wagering"; create new sections of KRS Chapter 230 to require the racing commission to institute a system of sports wagering at tracks and other specified locations; limit the types of events upon which wagers may be placed; amend KRS 230.215 to declare the intent to allow citizens to enjoy sports wagering and allow the racing commission to promulgate administrative regulations prescribing conditions under which sports wagering is to be conducted; amend KRS 230.225, 230.240, and 230.260 to include sports wagering; create a new section of KRS Chapter 230 to establish sports wagering licensure requirements; amend KRS 230.320 to conform; amend KRS 230.361 to include sports wagering; amend KRS 230.3615 to conform; create a new section of KRS Chapter 138 to define “adjusted gross income” and impose a tax on sports wagering; amend KRS 230.362, 230.363, 230.364, 230.365, 230.366, 230.369, 230.371, 230.372, 230.373, 230.374, and 230.750 to conform; create a new section of KRS Chapter 230 to prohibit participants from wagering on events in which they participate and to prohibit tampering with the outcome of a sporting event; amend KRS 230.990 to provide penalties for participants who wager on sporting events or tamper with the outcome of a sporting event; amend KRS Chapter 154A.010 to define “net poker revenue,” “online poker,” and “rake”; amend KRS 154A.050 and 154A.060 to include conducting online poker games; amend KRS 154A.063 to delete restriction on playing cards and where winners are based on the outcome of a sports contest; amend KRS 154A.070 to include online poker; amend 154A.110 to prohibit anyone under 18 from placing a wager through an online poker game; amend KRS 154A.120 to include online poker; amend KRS 154A.130 to exempt online poker; create new sections of KRS Chapter 154A to require licensure for online poker games; require the Lottery Corporation to promulgate requirements in conformance with federal law for providers through administrative regulations; establish licensing fees; impose a gaming fee on providers; establish the Kentucky Lottery Corporation online poker account and provide for the uses of the funds deposited therein; amend KRS 154A.600 to include online poker; amend KRS 243.500 to exempt sports wagering and online poker; amend KRS 525.090 to exempt sports wagering; amend KRS 528.010 to exempt fantasy contests, sports wagering, and online poker and the devices used in the conduct of those forms of wagering; amend KRS 528.020, 528.070, and KRS 528.080 to exempt fantasy contests, sports wagering, and online poker; create a noncodified section to assert that the provisions of the Act are severable.
Index Headings of Original Version Corrections Impact - Sports wagering, licensing of
Local Mandate - Sports wagering, licensing of
Gambling - Fantasy contests, provisions for
Gambling - Online poker, provisions for
Gambling - Sports wagering, provisions for
Licensing - Fantasy contests, licensing of
Licensing - Online poker, licensing of
Licensing - Sports wagering, licensing of
Lottery - Online poker, regulation by Kentucky Lottery Corporation
Retirement and Pensions - Gaming tax, funding from
Taxation - Wagering, taxation on
Amusements and Recreation - Fantasy contests, provisions for
Amusements and Recreation - Online poker, provisions for
Amusements and Recreation - Sports wagering, provisions for
Athletics - Fantasy contests, provisions for
Athletics - Sports wagering, provisions for
Actuarial Analysis - Wagering, taxation on
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
House Floor Amendment 6
House Floor Amendment 7
House Floor Amendment 8
House Floor Amendment 9
House Floor Amendment 10
House Floor Amendment 11
House Floor Amendment 12
House Floor Amendment 13
House Floor Amendment 14
House Floor Amendment 15
House Floor Amendment 16
House Floor Amendment 17
House Floor Amendment 18

Actions

Top | Amendments
12/05/19
  • Prefiled by the sponsor(s).
01/07/20
  • introduced in House
  • to Licensing, Occupations, & Admin Regs (H)
01/08/20
  • posted in committee
01/15/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
01/16/20
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, January 17, 2020
01/21/20
  • floor amendments (1) and (2) filed to Committee Substitute
01/22/20
  • floor amendment (3) filed to Committee Substitute
01/23/20
  • floor amendment (4) filed to Committee Substitute
02/05/20
  • floor amendment (5) filed to Committee Substitute
02/11/20
  • floor amendments (6), (7), (8), (9), (10), (11), (12), (13), (14), (15) and (16) filed to Committee Substitute
02/12/20
  • floor amendment (17) filed to Committee Substitute
02/13/20
  • floor amendment (17) withdrawn
02/21/20
  • floor amendment (18) filed to Committee Substitute
03/17/20
  • recommitted to Licensing, Occupations, & Admin Regs (H)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statements Actuarial Analysis to House Committee Substitute 1
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1
Summary Add definitions of "net poker revenue," "online poker," and "rake" to KRS Chapter 239; remove oversight of online poker from the Lottery Corporation and place online poker under the Public Protection Cabinet in newly created sections of KRS Chapter 239; segregate sports wagering from advanced deposit wagering; establish a January 1, 2022 end point for the requirement to download the sports wagering phone application at a licensed venue; remove the prohibition on wagering on Kentucky collegiate teams; delete the provision for the professional sports leagues to submit names for consideration for membership on the Kentucky Horse Racing Commission.
Index Headings Gambling - Fantasy contests, provisions for
Gambling - Online poker, provisions for
Gambling - Sports wagering, provisions for
Licensing - Fantasy contests, licensing of
Licensing - Online poker, licensing of
Licensing - Sports wagering, licensing of
Retirement and Pensions - Gaming tax, funding from
Taxation - Wagering, taxation on
Amusements and Recreation - Fantasy contests, provisions for
Amusements and Recreation - Online poker, provisions for
Amusements and Recreation - Sports wagering, provisions for
Athletics - Fantasy contests, provisions for
Athletics - Sports wagering, provisions for

Amendment House Floor Amendment 1
Sponsor J. Hoover
Summary Amend KRS 230.225 to require members of the Kentucky Horse Racing Commission to comply with the Executive Branch Code of Ethics.
Index Headings Boards and Commissions - Horse Racing Commission, Executive Branch Code of ethics compliance with
Ethics - Executive Branch Code of Ethics, horse racing commission members comply with
Horses and Horse Racing - Horse Racing Commission, Executive Branch Code of ethics compliance with
Racing - Horse Racing Commission, Executive Branch Code of ethics compliance with

Amendment House Floor Amendment 2
Sponsor J. Hoover
Summary Amend Section 13 to remove the statement of policy and intent on sports wagering and the Kentucky Horse Racing Commission.
Index Headings Gambling - Statement of policy and intent, removal of
Horses and Horse Racing - Horse Racing Commission, delete policy statement on
Wagering - Statement of policy and intent, removal of

Amendment House Floor Amendment 3
Sponsor A. Koenig
Summary Amend Section 4 to clarify that five percent of all funds deposited into the wagering administration fund shall be allocated to the Kentucky problem gambling assistance account prior to any other allocation of moneys from the wagering administration fund, the remaining funds shall be dedicated to the Kentucky permanent pension fund after necessary administrative expenses.
Index Headings Gambling - Wagering administration fund, allocation of
Mental Health - Kentucky problem gambling assistance account, allocation for
Retirement and Pensions - Wagering administration fund, allocation from
Taxation - Sports wagering tax, allocation of

Amendment House Floor Amendment 4
Sponsor A. Koenig
Summary Amend Section 1 to clarify the definition of "adjusted gross revenue"; amend Section 3 to require a criminal background check and to ensure that fantasy contest operators already operating in the Commonwealth may continue to operate until initial licensure is received or denied; amend Section 6 to specify that the audit required is a financial audit and shall be submitted to the cabinet within 270 days of the end of the operator's fiscal year; amend Section 7 to clarify requirements for segregation of funds and to remove the prohibition on university or college events and to clarify that officers and directors of registrants are prohibited from participating in public contests; amend Section 11 to clarify that individuals shall be at least 18 before being able to place wagers; create a new Section 34 to ensure that employees of sports wagering licensees shall not wager on technology associated with the licensee with which he is employed.
Index Headings Amusements and Recreation - Fantasy contests, provisions for
Gambling - Sports wagering, employee participation prohibition
Gambling - Fantasy contests, provisions for
Licensing - Fantasy contest operator, registration of
Wagering - Sports wagering, employee participation prohibition

Amendment House Floor Amendment 5
Sponsor A. Koenig
Summary Amend Section 10 of the House Committee Substitute to revise the definition of "sports wagering."
Index Headings Amusements and Recreation - Sports wagering, definition of
Gambling - Sports wagering, definition of
Wagering - Sports wagering, definition of

Amendment House Floor Amendment 6
Sponsor J. Petrie
Summary Amend Section 3 and KRS 230.330 and 230.368 to stipulate that any applicant aggrieved by a final order of the racing commission shall appeal the action in any Circuit Court that is greater than 60 miles distance from any race track licensed under KRS Chapter 230.
Index Headings Boards and Commissions - Horse racing commission, actions appealed to
Courts, Circuit - Appeals to, racing commission final actions
Horses and Horse Racing - Horse racing commission, actions appealed to
Racing - Horse racing commission, actions appealed to

Amendment House Floor Amendment 7
Sponsor J. Petrie
Summary Create a new section of KRS chapter 239 to allow local governments to prohibit fantasy contests, online poker, or sports wagering by local ordinance and require geographical software on smart phone or online applications to be amended to reflect the prohibition.
Index Headings Amusements and Recreation - Online poker, local prohibition of
Amusements and Recreation - Fantasy contests, local prohibition of
Amusements and Recreation - Sports wagering, local prohibition of
Gambling - Fantasy contests, local prohibition of
Gambling - Online poker, local prohibition of
Gambling - Sports wagering, local prohibition of
Local Government - Prohibition of gaming, local ordinance for
Wagering - Fantasy contests, local prohibition of
Wagering - Online poker, local prohibition of
Wagering - Sports wagering, local prohibition of

Amendment House Floor Amendment 8
Sponsor J. Petrie
Summary Increase fantasy contest renewal fee from six (6) percent to nine (9) percent; increase the gaming fee on online poker from 6.75% to 10%; increase the tax on sports wagers placed at licensed tracks or professional sports venues from 9.75% to 14%; and increase the tax on sports wagers placed online or via smart phone from 14.25% to 21%.
Index Headings Taxation - Sports wagering, taxation of
Wagering - Sports wagering, taxation of
Wagering - Fantasy contests, renewal fee on
Wagering - Online poker, gaming fee on
Fees - Fantasy contests, license renewal for
Fees - Online poker, gaming fee

Amendment House Floor Amendment 9
Sponsor J. Petrie
Summary Amend to change funding rate to Kentucky problem gambling assistance account to 15 percent.
Index Headings Gambling - Kentucky problem gambling assistance account, increase rate of funding of
Wagering - Kentucky problem gambling assistance account, increase rate of funding of

Amendment House Floor Amendment 10
Sponsor R. Heath
Summary Amend KRS 230.260 to require the Kentucky Horse Racing Commission to comply with all open records requests and impose a penalty equal to three times the legal fees of parties bringing the open records request if found to be in violation.
Index Headings Attorneys - Fees, violation of open record request penalty
Boards and Commissions - Horse racing commission, open records requirements of
Public Records and Reports - Open records, horse racing commission to comply with
Racing - Horse racing commission, open records requirements of

Amendment House Floor Amendment 11
Sponsor R. Heath
Summary Amend Section 11 to increase locations licensed to offer sports wagering to include lottery retailers, restaurants where at least 70 percent of food and beverage sales comes from the sale of food, and any other secure location deemed appropriate by the commission.
Index Headings Amusements and Recreation - Sports wagering, locations that may offer
Gambling - Sports wagering, locations that may offer
Licensing - Sports wagering, locations licensed to offer
Wagering - Sports wagering, locations that may offer

Amendment House Floor Amendment 12
Sponsor J. Petrie
Summary Increase fantasy contest renewal fee from six (6) percent to 12%; increase the gaming fee on online poker from 6.75% to 13.5%; increase the tax on sports wagers placed at licensed tracks or professional sports venues from 9.75% to 19.5%; and increase the tax on sports wagers placed online or via smart phone from 14.25% to 28.5%.
Index Headings Taxation - Sports wagering, taxation of
Wagering - Fantasy contests, renewal fee on
Wagering - Online poker, gaming fee on
Wagering - Sports wagering, taxation of
Fees - Online poker, gaming fee on
Fees - Fantasy contests, license renewal fee for

Amendment House Floor Amendment 13
Sponsor J. Petrie
Summary Increase fantasy contest renewal fee from six (6) percent to 18 percent; increase the gaming fee on online poker from 6.75 % to 20.25 %; increase the tax on sports wagers placed at licensed tracks or professional sports venues from 9.75 % to 29.25 % and increase the tax on sports wagers placed online or via smart phone from 14.25 % to 42.25 %.
Index Headings Taxation - Sports wagering, taxation of
Wagering - Fantasy contests, renewal fee on
Wagering - Online poker, gaming fee on
Wagering - Sports wagering, taxation of
Fees - Fantasy contests, license renewal for
Fees - Online poker, gaming fee

Amendment House Floor Amendment 14
Sponsor K. King
Summary Amend KRS 230.215 to declare the policy of the Commonwealth that any information provided to the racing commission concerning pari-mutuel racing or sports wagering shall be deemed to be a public record subject to open records provision.
Index Headings Boards and Commissions - Horse racing commission, public records requirements subject to
Public Records and Reports - Horse racing commission, public records requirements subject to
Racing - Horse racing commission, public records requirements subject to
Wagering - Horse racing commission, public records requirements subject to

Amendment House Floor Amendment 15
Sponsor J. Petrie
Summary Amend to change funding rate to Kentucky problem gambling assistance account to seven and one-half percent (7.5%).
Index Headings Gambling - Kentucky problem gambling assistance account, increase rate of funding of
Wagering - Kentucky problem gambling assistance account, increase rate of funding of

Amendment House Floor Amendment 16
Sponsor J. Petrie
Summary Amend to change funding rate to Kentucky problem gambling assistance account to 10 percent..
Index Headings Gambling - Kentucky problem gambling assistance account, increase rate of funding of
Wagering - Kentucky problem gambling assistance account, increase rate of funding of

Amendment House Floor Amendment 17
Sponsor D. Hale
Summary Amend KRS 230.260 to require the Kentucky Horse Racing Commission to comply with all open records requests and impose a penalty equal to three times the legal fees of parties bringing the open records request if found to be in violation.
Index Headings Public Records and Reports - Open records, horse racing commission to comply with
Racing - Horse racing commission, open records requirements of
Attorneys - Fees, violation of open record request penalty
Boards and Commissions - Horse racing commission, open records requirements of

Amendment House Floor Amendment 18
Sponsor M. Hart
Summary Amend Section 1 by deleting definitions for "net poker revenue," "online poker," and "rake"; delete Sections 8 and 9 from the bill to remove provisions for online poker; make conforming amendments throughout.
Index Headings Amusements and Recreation - Online poker, deletion of
Gambling - Online poker, deletion of
Licensing - Online poker, deletion of
Wagering - Online poker, deletion of

Last updated: 10/27/2020 12:10 PM (EDT)
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