0752H11.04H SB 153 House _______________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ 1 AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for 2 Senate Bill Nos. 153 & 97, Page 37, Section 287.245, Line 33, by inserting after all of said section 3 and line the following: 4 5 "313.800. 1. As used in sections 313.800 to 313.850, unless the context clearly requires 6 otherwise, the following terms mean: 7 (1) "Adjusted gross receipts", the gross receipts from licensed gambling games and devices 8 less winnings paid to wagerers. "Adjusted gross receipts" shall not include adjusted gross receipts 9 from sports wagering as defined in section 313.1000; 10 (2) "Applicant", any person applying for a license authorized under the provisions of 11 sections 313.800 to 313.850; 12 (3) "Bank", the elevations of ground which confine the waters of the Mississippi or Missouri 13 Rivers at the ordinary high water mark as defined by common law; 14 (4) "Capital, cultural, and special law enforcement purpose expenditures" shall include any 15 disbursement, including disbursements for principal, interest, and costs of issuance and trustee 16 administration related to any indebtedness, for the acquisition of land, land improvements, buildings 17 and building improvements, vehicles, machinery, equipment, works of art, intersections, signing, 18 signalization, parking lot, bus stop, station, garage, terminal, hanger, shelter, dock, wharf, rest area, 19 river port, airport, light rail, railroad, other mass transit, pedestrian shopping malls and plazas, parks, 20 lawns, trees, and other landscape, convention center, roads, traffic control devices, sidewalks, alleys, 21 ramps, tunnels, overpasses and underpasses, utilities, streetscape, lighting, trash receptacles, 22 marquees, paintings, murals, fountains, sculptures, water and sewer systems, dams, drainage 23 systems, creek bank restoration, any asset with a useful life greater than one year, cultural events, 24 and any expenditure related to a law enforcement officer deployed as horse-mounted patrol, school 25 resource or drug awareness resistance education (D.A.R.E) officer; 26 (5) "Cheat", to alter the selection of criteria which determine the result of a gambling game 27 or the amount or frequency of payment in a gambling game; 28 (6) "Commission", the Missouri gaming commission; 29 (7) "Credit instrument", a written check, negotiable instrument, automatic bank draft or 30 other authorization from a qualified person to an excursion gambling boat licensee or any of its 31 affiliated companies licensed by the commission authorizing the licensee to withdraw the amount of 32 credit extended by the licensee to such person from the qualified person's banking account in an 33 amount determined under section 313.817 on or after a date certain of not more than thirty days 34 from the date the credit was extended, and includes any such writing taken in consolidation, 35 redemption or payment of a previous credit instrument, but does not include any interest-bearing 36 installment loan or other extension of credit secured by collateral; Action Taken___________________________________________ Date __________________ Page 1 of 10 0752H11.04H 1 (8) "Dock", the location in a city or county authorized under subsection 10 of section 2 313.812 which contains any natural or artificial space, inlet, hollow, or basin, in or adjacent to a 3 bank of the Mississippi or Missouri Rivers, next to a wharf or landing devoted to the embarking of 4 passengers on and disembarking of passengers from a gambling excursion but shall not include any 5 artificial space created after May 20, 1994, and is located more than one thousand feet from the 6 closest edge of the main channel of the river as established by the United States Army Corps of 7 Engineers; 8 (9) "Excursion gambling boat", a boat, ferry or other floating facility licensed by the 9 commission on which gambling games are allowed; 10 (10) "Fiscal year", [shall] for the purposes of [subsections 3 and 4 of] section 313.820, 11 [mean] the fiscal year of a home dock city or county; 12 (11) "Floating facility", any facility built or originally built as a boat, ferry or barge licensed 13 by the commission on which gambling games are allowed; 14 (12) "Gambling excursion", the time during which gambling games may be operated on an 15 excursion gambling boat whether docked or during a cruise; 16 (13) "Gambling game" includes, but is not limited to, games of skill or games of chance on 17 an excursion gambling boat [but does not include gambling on sporting events]; provided such 18 games of chance are approved by amendment to the Missouri Constitution; 19 (14) "Games of chance", any gambling game in which the player's expected return is not 20 favorably increased by [his or her] such player's reason, foresight, dexterity, sagacity, design, 21 information or strategy; 22 (15) "Games of skill", any gambling game in which there is an opportunity for the player to 23 use [his or her] such player's reason, foresight, dexterity, sagacity, design, information or strategy to 24 favorably increase the player's expected return; including, but not limited to, the gambling games 25 known as "poker", "blackjack" (twenty-one), "craps", "Caribbean stud", "pai gow poker", "Texas 26 hold'em", "double down stud", "sports wagering", and any video representation of such games; 27 (16) "Gross receipts", the total sums wagered by patrons of licensed gambling games; 28 (17) "Holder of occupational license", a person licensed by the commission to perform an 29 occupation within excursion gambling boat operations which the commission has identified as 30 requiring a license; 31 (18) "Licensee", any person licensed under sections 313.800 to 313.850; 32 (19) "Mississippi River" and "Missouri River", the water, bed and banks of those rivers, 33 including any space filled by the water of those rivers for docking purposes in a manner approved 34 by the commission but shall not include any artificial space created after May 20, 1994, and is 35 located more than one thousand feet from the closest edge of the main channel of the river as 36 established by the United States Army Corps of Engineers; 37 (20) "Supplier", a person who sells or leases gambling equipment and gambling supplies to 38 any licensee. 39 2. (1) In addition to the games of skill defined in this section, the commission may approve 40 other games of skill upon receiving a petition requesting approval of a gambling game from any 41 applicant or licensee. The commission may set the matter for hearing by serving the applicant or 42 licensee with written notice of the time and place of the hearing not less than five days prior to the 43 date of the hearing and posting a public notice at each commission office. The commission shall 44 require the applicant or licensee to pay the cost of placing a notice in a newspaper of general 45 circulation in the applicant's or licensee's home dock city or county. The burden of proof that the 46 gambling game is a game of skill is at all times on the petitioner. The petitioner shall have the 47 affirmative responsibility of establishing [his or her] the petitioner's case by a preponderance of 48 evidence including: 49 [(1)] (a) Is it in the best interest of gaming to allow the game; and Page 2 of 10 0752H11.04H 1 [(2)] (b) Is the gambling game a game of chance or a game of skill? 2 (2) All testimony shall be given under oath or affirmation. Any citizen of this state shall 3 have the opportunity to testify on the merits of the petition. The commission may subpoena 4 witnesses to offer expert testimony. Upon conclusion of the hearing, the commission shall evaluate 5 the record of the hearing and issue written findings of fact that shall be based exclusively on the 6 evidence and on matters officially noticed. The commission shall then render a written decision on 7 the merits which shall contain findings of fact, conclusions of law and a final commission order. 8 The final commission order shall be within thirty days of the hearing. Copies of the final 9 commission order shall be served on the petitioner by certified or overnight express mail, postage 10 prepaid, or by personal delivery. 11 313.1000. As used in sections 313.1000 to 313.1022, the following terms mean: 12 (1) "Adjusted gross receipts": 13 (a) The total of all cash and cash equivalents received by a sports wagering operator from 14 sports wagering minus the total of: 15 a. All cash and cash equivalents paid out as winnings to sports wagering patrons; 16 b. The actual costs paid by a sports wagering operator for any personal property or services 17 distributed to sports wagering patrons as prizes; 18 c. Voided or cancelled wagers; 19 d. Free play or promotional credits; and 20 e. Uncollectible sports wagering receivables, not to exceed the lesser of: 21 (i) A reasonable provision for uncollectible patron checks, ACHs, debit cards, and credit 22 cards received from sports wagering operations; or 23 (ii) Two percent of the total of all sums, including checks, whether collected or not, less the 24 amount paid out as winnings to sports wagering patrons. For purposes of this section, a counter or 25 personal check that is invalid or unenforceable under this section is considered cash received by the 26 sports wagering operator from sports wagering operations. 27 (b) If the amount of adjusted gross receipts on a gaming day is a negative figure, the 28 certificate holder shall remit no sports wagering tax for that gaming day.