Last Action | 04/13/22: floor amendments (1)(2)(3)(4)(5)(6)(7)(8)(9) (10)(11)(12)(13)(14)(15)(16) and (17) filed |
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Title | AN ACT relating to wagering and making an appropriation therefor. |
Bill Documents |
Current/Final
Introduced |
Fiscal Impact Statements |
Actuarial Analysis
Corrections Impact Local Mandate |
Bill Request Number | 1000 |
Sponsors | A. Koenig, A. Gentry, K. Banta, T. Huff, M. Meredith, D. Osborne, R. Roberts, C. Stevenson |
Summary of Original Version | Establish KRS Chapter 239A 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,” “net poker revenue,” “online poker,” “person,” “principal stockholder,” “rake,” “registered fantasy contest operator,” “script,” “secretary,” and “wager”; establish requirements for registration as a fantasy contest operator; require the Public Protection Cabinet to promulgate administrative regulations for the operation of fantasy contests; establish the wagering administration fund and direct the uses of that fund; require an annual audit of fantasy contest registrants; establish requirements for fantasy contest procedures; require any person offering online poker in the Commonwealth to have a license from the cabinet and require the cabinet to promulgate administrative regulations prescribing requirements for licensure including geolocation software, age verification, and security and accounting standards; amend KRS 230.210 to define "sports wagering"; create new sections of KRS Chapter 230 to require the racing commission to institute a system of sports wagering at tracks; 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 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 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; APPROPRIATION. |
Index Headings of Original Version |
Gambling - Fantasy contests Gambling - Online poker Gambling - Sports wagering Licensing - Fantasy contests Licensing - Online poker Licensing - Sports wagering Retirement and Pensions - Gaming tax, funding Taxation - Wagering, taxation Administrative Regulations and Proceedings - Public Protection Cabinet, fantasy contests, online poker Administrative Regulations and Proceedings - Racing commission, sports wagering Amusements and Recreation - Fantasy contests Amusements and Recreation - Online poker Amusements and Recreation - Sports wagering Athletics - Fantasy contests Athletics - Sports wagering Appropriations - Wagering administration fund Actuarial Analysis - Fantasy contests, sports wagering, online poker Corrections Impact - Sports wagering Local Mandate - Fantasy contests, sports wagering, online poker |
Jump to Proposed Amendments |
House Floor Amendment 1 House Floor Amendment 2 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 Senate Floor Amendment 6 Senate Floor Amendment 7 Senate Floor Amendment 8 Senate Floor Amendment 9 Senate Floor Amendment 10 Senate Floor Amendment 11 Senate Floor Amendment 12 Senate Floor Amendment 13 Senate Floor Amendment 14 Senate Floor Amendment 15 Senate Floor Amendment 16 Senate Floor Amendment 17 |
Votes | Vote History |
02/28/22 |
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03/14/22 |
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03/16/22 |
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03/17/22 |
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03/18/22 |
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03/21/22 |
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03/22/22 |
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03/29/22 |
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03/30/22 |
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04/13/22 |
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Amendment | House Floor Amendment 1 |
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Sponsor | A. Koenig |
Summary | Make the tax rate imposed on online sports wagering apply to the adjusted gross revenue on all online sports wagers. |
Index Headings |
Amusements and Recreation - Sports, online wagering, taxation Gambling - Sports, online wagering, taxation Taxation - Sports, online wagering Wagering - Sports, online wagering, taxation Internet - Sports, online wagering, taxation |
Amendment | House Floor Amendment 2 |
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Sponsor | J. Calloway |
Summary | Limit customer losses for fantasy contests, online poker, and sports wagering to $1,000 in a 24 hour period; require licensed registrants, vendors, and associations to deny customer access to their gaming products after the $1,000 threshold is reached; maintain the customer access denial for at least an additional 24 hours; exempt highly experienced players of fantasy contests from the $1,000 limit. |
Index Headings |
Amusements and Recreation - Gaming, daily loss limits, players Gambling - Gaming, daily loss limits, players Licensing - Gaming licensees, player access, daily loss limits Wagering - Gaming, daily loss limits, players Consumer Affairs - Gaming, daily loss limits, players |
Amendment | Senate Floor Amendment 1 |
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Sponsor | W. Westerfield |
Summary | Modify the use of winning outcomes in the definition of "fantasy contest"; establish restrictions for the definition of "highly experienced player"; prohibit the use of online computer code scripts in fantasy contests. |
Index Headings |
Amusements and Recreation - Fantasy contests, approved methods Athletics - Fantasy contests, approved methods Gambling - Fantasy contests, approved methods Internet - Fantasy contests, automated computer code scripts, prohibition Wagering - Fantasy contests, approved methods |
Amendment | Senate Floor Amendment 2 |
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Sponsor | W. Westerfield |
Summary | Exempt a fantasy contest from licensure if there are fewer than 25 fantasy contest participants; require a fantasy contest operator applicant to disclose information about complaints, investigations, and its other properties. |
Index Headings |
Amusements and Recreation - Fantasy contest operator's license, disclosures and limitations Athletics - Fantasy contest operator's license, disclosures and limitations Gambling - Fantasy contest operator's license, disclosures and limitations Licensing - Fantasy contest operator's license, disclosures and limitations Wagering - Fantasy contest operator's license, disclosures and limitations |
Amendment | Senate Floor Amendment 3 |
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Sponsor | W. Westerfield |
Summary | Remove limitations on the Public Protection Cabinet's ability to promulgate administrative regulations relating to fantasy contests; grant the cabinet 180 days to initially promulgate; delete the fantasy contest operator registration deadline; direct the cabinet to promulgate administrative regulations on the license suspension process; make Circuit Court language apply to Circuit Courts statewide. |
Index Headings |
Administrative Regulations and Proceedings - Public Protection Cabinet, fantasy contests Amusements and Recreation - Fantasy contests, licensing and regulation Athletics - Fantasy contests, licensing and regulation Courts, Circuit - Fantasy contests, venue, statewide Gambling - Fantasy contests, licensing and regulation Licensing - Fantasy contests, participants, regulation State Agencies - Public Protection Cabinet, fantasy contests Wagering - Fantasy contests, licensing and regulation |
Amendment | Senate Floor Amendment 4 |
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Sponsor | W. Westerfield |
Summary | Exclude state appropriations from the wagering administration fund. |
Index Headings |
Amusements and Recreation - Wagering administration fund, state appropriations, prohibitions Appropriations - Wagering administration fund, prohibitions Athletics - Wagering administration fund, state appropriations, prohibitions Gambling - Wagering administration fund, state appropriations, prohibitions Licensing - Wagering administration fund, state appropriations, prohibitions Wagering - Funds, state appropriations, prohibition |
Amendment | Senate Floor Amendment 5 |
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Sponsor | W. Westerfield |
Summary | Update the definition of "sports wagering" to restrict wagering to sports contests only; conduct sports wagering only online, by smartphone applications, or at track facilities with live racing. |
Index Headings |
Amusements and Recreation - Sports wagering, approved locations and contests Athletics - Sports wagering, approved locations and contests Gambling - Sports wagering, approved locations and contests Horses and Horse Racing - Sports wagering, approved locations and contests, live racing Internet - Sports wagering, approved methods and contests Wagering - Sports wagering, approved locations and contests Technology - Sports wagering, approved methods, smartphone applications |
Amendment | Senate Floor Amendment 6 |
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Sponsor | W. Westerfield |
Summary | Prohibit wagering upon individual sports. |
Index Headings |
Amusements and Recreation - Wagering, individual sports, prohibitions Athletics - Wagering, individual sports, prohibitions Gambling - Wagering, individual sports, prohibitions Horses and Horse Racing - Wagering, individual sports, prohibitions Licensing - Wagering, individual sports, prohibitions Wagering - Individual sports, prohibitions |
Amendment | Senate Floor Amendment 7 |
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Sponsor | W. Westerfield |
Summary | Amend KRS 230.215 to clarify the purpose and intent of KRS Chapter 230. |
Index Headings |
Athletics - Sports wagering Gambling - Fantasy contests Gambling - Online poker Gambling - Sports wagering Licensing - Fantasy contests Licensing - Online poker Licensing - Sports wagering Administrative Regulations and Proceedings - Racing commission, sports wagering Athletics - Fantasy contests |
Amendment | Senate Floor Amendment 8 |
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Sponsor | W. Westerfield |
Summary | Amend KRS 230.225 to require the racing commission to develop a program to share wagering problem gaming information with leagues, associations, the Legislative Research Commission, and other governing bodies that sanction sports events where wagers are accepted and add the General Assembly to the list of entities that will monitor wagering activities. |
Index Headings |
Gambling - Fantasy contests Gambling - Online poker Gambling - Sports wagering Licensing - Fantasy contests Licensing - Online poker Licensing - Sports wagering Administrative Regulations and Proceedings - Racing commission, sports wagering Athletics - Fantasy contests Athletics - Sports wagering |
Amendment | Senate Floor Amendment 9 |
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Sponsor | W. Westerfield |
Summary | Amend KRS 230.225 to make the Kentucky Horse Racing Commission, its agents, and its employees subject to the Executive Branch Code of Ethics. |
Index Headings |
Boards and Commissions - Kentucky Horse Racing Commission, Executive Branch Code of Ethics, application Ethics - Kentucky Horse Racing Commission, Executive Branch Code of Ethics, application Horses and Horse Racing - Kentucky Horse Racing Commission, Executive Branch Code of Ethics, application Racing - Kentucky Horse Racing Commission, Executive Branch Code of Ethics, application State Agencies - Kentucky Horse Racing Commission, Executive Branch Code of Ethics, application |
Amendment | Senate Floor Amendment 10 |
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Sponsor | W. Westerfield |
Summary | Require the executive director of the Kentucky Horse Racing Commission to confirm an applicant's history before hiring the applicant as an employee integral to sports wagering; make the history confirm that the applicant possesses the requisite experience, has no prior or pending record of illicit gaming industry dealings, and has not been convicted of a felony involving sexual misconduct or a crime where dishonesty is a necessary element. |
Index Headings |
Amusements and Recreation - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts Athletics - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts Boards and Commissions - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts Crimes and Punishments - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts Gambling - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts Wagering - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts State Employees - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts Horses and Horse Racing - Kentucky Horse Racing Commission, sports wagering employees, prior bad acts |
Amendment | Senate Floor Amendment 11 |
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Sponsor | W. Westerfield |
Summary | Delete extraneous reference to pari-mutuel wagering on horse racing. |
Index Headings |
Amusements and Recreation - Horse racing, pari-mutuel wagering, exclusion Athletics - Horse racing, sports wagering, exclusion Gambling - Horse racing, pari-mutuel wagering, exclusion Wagering - Horse racing, pari-mutuel wagering, exclusion |
Amendment | Senate Floor Amendment 12 |
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Sponsor | W. Westerfield |
Summary | Increase the initial licensing and annual renewal fees to conduct sports wagering to $1,000,000 each. |
Index Headings |
Amusements and Recreation - Sports wagering Athletics - Sports wagering Gambling - Sports wagering Licensing - Sports wagering |
Amendment | Senate Floor Amendment 13 |
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Sponsor | W. Westerfield |
Summary | Delete KRS 230.320, 230.3615, 230.750 as conforming amendments. |
Index Headings |
Gambling - Fantasy contests Gambling - Online poker Gambling - Sports wagering Licensing - Fantasy contests Licensing - Online poker Licensing - Sports wagering Administrative Regulations and Proceedings - Racing commission, sports wagering Athletics - Fantasy contests Athletics - Sports wagering |
Amendment | Senate Floor Amendment 14 |
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Sponsor | W. Westerfield |
Summary | Direct the Kentucky Horse Racing Commission to revoke a sports wagering license if the licensee failed to pay taxes due under the license; impose a penalty fee of $250,000 if the delinquent licensee applies for a renewal or a new license; ban a licensee from acquiring or holding a license after a second failure to pay taxes due under the license; extend the ban to include the licensee's officers, executives, managers, or owners and any person or entity affiliated with the licensee. |
Index Headings |
Amusements and Recreation - Sports wagering license, delinquent taxes, racing association Athletics - Sports wagering license, delinquent taxes, racing association Boards and Commissions - Kentucky Horse Racing Commission, sports wagering, delinquent taxes Gambling - Sports wagering license, delinquent taxes, racing association Horses and Horse Racing - Sports wagering license, delinquent taxes, racing association Licensing - Sports wagering license, delinquent taxes, racing association Racing - Sports wagering license, delinquent taxes, racing association Taxation - Sports wagering license, delinquent taxes, racing association Wagering - Sports wagering license, delinquent taxes, racing association Administrative Regulations and Proceedings - Kentucky Horse Racing Commission, sports wagering, delinquent taxes |
Amendment | Senate Floor Amendment 15 |
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Sponsor | W. Westerfield |
Summary | Remove the term "close" from "close family members" in relation to unauthorized sports wagering. |
Index Headings |
Gambling - Sports wagering, prohibitions Horses and Horse Racing - Sports wagering, prohibitions Wagering - Sports, prohibitions Athletics - Sports wagering, prohibitions Licensing - Sports wagering, prohibitions Amusements and Recreation - Sports wagering, prohibitions |
Amendment | Senate Floor Amendment 16 |
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Sponsor | W. Westerfield |
Summary | Amend KRS 230.990 to add that persons who wager on sporting events as a participant or who tamper with the outcome of a sporting event may be convicted of both crimes; require an individual convicted of both crimes to serve the sentences for each crime consecutively. |
Index Headings |
Gambling - Sports wagering Crimes and Punishments - Sports wagering Wagering - Sports wagering |
Amendment | Senate Floor Amendment 17 |
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Sponsor | W. Westerfield |
Summary | Remove fantasy contests, online poker wagering, and activities licensed under KRS Chapter 230 from the exclusions to the definition of "gambling." |
Index Headings |
Athletics - Gaming activities, gambling, prohibitions Gambling - Gaming activities, prohibitions Horses and Horse Racing - Gaming activities, gambling, prohibitions Licensing - Gaming activities, gambling, prohibitions Wagering - Gaming activities, gambling, prohibitions Amusements and Recreation - Gaming activities, gambling, prohibitions |
Last updated: 2/8/2023 2:57 PM (EST)