[As Amended by Senate Committee of the Whole]

         
As Further Amended by Senate Committee

         
As Amended by Senate Committee
         
Session of 2000
         
Substitute for HOUSE BILL No. 2013
         
By Special Committee on Federal and State Affairs
         
2-23
         

12             AN  ACT concerning bingo; relating to the regulation and taxation
13             thereof; amending K.S.A. 79-4701, 79-4703, 79-4704, 79-4705, 79-
14             4705a, 79-4706, 79-4707, 79-4708, 79-4710, 79-4711, 79-4712a, 79-
15             4713 and 79-4714 and K.S.A. 1998 Supp. 79-3606 and repealing the
16             existing sections.
17             AN ACT concerning lotteries; relating to the regulation thereof;
18             amending K.S.A. 74-8711, 74-8712, 74-8720, 79-4701, 79-4703,
19             79-4704, 79-4705, 79-4705a, 79-4706, 79-4707, 79-4708, 79-
20             4710, 79-4711, 79-4712a and 79-4713 and K.S.A. 1998, 79-4713
21             and 79-4804 and K.S.A. 1999 Supp. 74-8836 and 79-3606, 79-
22             4803 and repealing the existing sections; also repealing K.S.A.
23             79-4714.
24      
25       Be it enacted by the Legislature of the State of Kansas:
26             New Section  1. Sections 1 through 16 17, and amendments thereto,
27       shall be known and may be cited as ``the bingo act.''
28             Sec.  2. K.S.A. 79-4701 is hereby amended to read as follows: 79-
29       4701. As used in this act, each of the following words and phrases shall
30       have the following meaning unless the context otherwise requires:
31             (a) ``Act'' means the bingo act.
32             (b) ``Administrator'' means the administrator of charitable gam-
33       ing designated by the secretary pursuant to section 15, and amend-
34       ments thereto.
35             (a) (c) ``Bingo'' or ``games of bingo'' means the games of call bingo
36       and instant bingo.
37             (b) (d) ``Bingo card'' or ``card'' means a reusable card which is marked
38       off into 25 squares arranged in five horizontal rows of five squares each
39       and five vertical rows of five squares each, with each square being des-
40       ignated by a number, letter or combination of numbers and letters. Only
41       the center square shall be designated with the word ``free''. No two cards


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  1       in the same game shall be identical.
  2             (c) (e) ``Bingo face'' or ``face'' means a piece of paper which is marked
  3       off into 25 squares arranged in five horizontal rows of five squares each
  4       and five vertical rows of five squares each, with each square being des-
  5       ignated by a number, letter or combination of numbers and letters. Only
  6       the center square shall be designated with the word ``free''. No two bingo
  7       faces in the same game shall be identical. Faces shall be disposable and
  8       shall not be reused after the game in which a player has used such face.
  9             (b) (d) (f) ``Call bingo'' means a game in which: (1) Each participant
10       must pay player pays a charge and; (2) a prize or prizes are awarded to
11       the winner or winners in which; (3) each participant player receives one
12       or more cards or in which a card or cards are included in a paper game
13       program booklet each of which is marked off into 25 squares arranged in
14       five horizontal rows of five squares each and five vertical rows of five
15       squares each, with each square being designated by number, letter or
16       combination of numbers and letters, and only the center square desig-
17       nated with the word ``free'' with no two cards being identical, with the
18       players covering or faces; and (4) each player covers the squares on each
19       card or face as the operator of such game announces a number, letter or
20       combination of numbers and letters appearing on an object selected by
21       chance, either manually or mechanically from a receptacle in which have
22       been placed objects bearing numbers, letters or combinations of numbers
23       and letters corresponding to the system used for designating the squares,
24       with. The winner of each game being is the player or players first properly
25       covering properly a predetermined and announced pattern of squares
26       upon the card or a card which is included in a paper game program
27       booklet face being used by such player or players.
28             ``Call bingo'' shall include progressive any regular, special and pro-
29       gressive [game of] bingo.
30             ``Call bingo'' does shall not include any game utilizing an electronic or
31       computerized card system.
32             (e) (g) ``Department'' means the department of revenue.
33             (f) (h) ``Director'' means the director of taxation.
34             (g) (i) ``Distributor'' means any person or entity that sells or distrib-
35       utes instant bingo tickets, bingo cards or bingo faces to operators.
36             (c) (h) (j) ``Instant bingo'' means a game: (1) In which each partici-
37       pant must pay player pays a charge; (2) in which a prize or prizes are
38       awarded to the winner or winners; (3) in which each participant player
39       receives one or more disposable pull-tab or break-open tickets which
40       accord a participant player an opportunity to win something of value by
41       opening or detaching the paper covering from the back of the ticket to
42       reveal a set of numbers, letters, symbols or configurations, or any com-
43       bination thereof; (4) which is conducted by a licensee under this act; (5)


3

  1       the conduct of which must be in the presence of the participants players;
  2       and (6) which does not utilize any dice, normal playing cards, instant ticket
  3       with a removable latex covering or slot machines. Winners of instant
  4       bingo shall be determined either (1) by a combination of letters,
  5       numbers or symbols determined and posted prior to the sale of in-
  6       stant bingo tickets or (2) by random selection during the session at
  7       which bingo tickets are sold. [(2) by matching a letter, number or
  8       symbol under a tab of an instant bingo ticket with the winning let-
  9       ter, number or symbol in a designated call game of bingo during
10       the same session.]
11             ``Instant bingo'' does shall not include any game utilizing electronically
12       generated or computer-generated tickets.
13        (k) ``Lessor'' means the owner, coowner, lessor or sublessor of
14       premises upon which a licensee is permitted to manage, operate or
15       conduct games of bingo, whether or not a written lease has been
16       entered into and submitted to the administrator as required in sub-
17       section (c) of K.S.A. 79-4703, and amendments thereto, and includes
18       all political subdivisions and other public agencies.
19             (l) ``Licensee'' means any nonprofit organization holding a li-
20       cense to manage, operate or conduct games of bingo pursuant to
21       K.S.A. 79-4701 et seq., and amendments thereto.
22             (m) ``Mini bingo'' means a game of call bingo in which the
23       prizes awarded are not less than 50% of the gross receipts derived
24       from the sale of cards or faces for participation in the game[,] but
25       not more than $50.
26             (i) (k) (n) ``Net proceeds'' means the gross receipts received by the
27       licensee from charges imposed on players for participation in games of
28       bingo and any admission fees or charges less amounts actually paid as
29       prizes in games of bingo and any tax payable by the licensee.
30             (d) ``Bingo card distributor'' means any person or entity that sells or
31       otherwise distributes instant bingo tickets or disposable paper call bingo
32       cards to licensees under this act.
33             (e) (j) (l) (o) ``Nonprofit religious organization'' means any organi-
34       zation, church, body of communicants, or group, gathered in common
35       membership for mutual support and edification in piety, worship, and
36       religious observances, or a society of individuals united for religious pur-
37       poses at a definite place and of which no part of the net earnings inures
38       to the benefit of any private shareholder or individual member of such
39       organization, and which religious organization maintains an established
40       place of worship within this state and has a regular schedule of services
41       or meetings at least on a weekly basis and has been determined by the
42       secretary administrator of revenue to be organized and created as a bona
43       fide religious organization and which has been exempted from the pay-


4

  1       ment of federal income taxes as provided by section 501(c)(3) or section
  2       501(d) of the federal internal revenue code of 1954 1986, as amended,
  3       or determined to be organized and operated as a bona fide nonprofit
  4       religious organization by the secretary administrator of revenue.
  5             (f) (k) (m) (p) ``Nonprofit charitable organization'' means any organ-
  6       ization which is organized and operated for:
  7             (1) The relief of poverty, distress, or other condition of public con-
  8       cern within this state; or
  9             (2) for financially supporting the activities of a charitable organization
10       as defined in paragraph (1); or
11             (3) for conferring direct benefits on the community at large; and of
12       which no part of the net earnings inures to the benefit of any private
13       shareholder or individual member of such organization and has been de-
14       termined by the secretary administrator of revenue to be organized and
15       operated as a bona fide charitable organization and which has been ex-
16       empted from the payment of federal income taxes as provided by sections
17       501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6) and 501(c)(7) of the federal in-
18       ternal revenue code of 1954 1986, as amended, or determined to be
19       organized and operated as a bona fide nonprofit charitable organization
20       by the secretary administrator of revenue.
21             (g) (l) (n) (q) ``Nonprofit fraternal organization'' means any organi-
22       zation within this state which exists for the common benefit, brotherhood,
23       or other interests of its members and is authorized by its written consti-
24       tution, charter, articles of incorporation or bylaws to engage in a fraternal,
25       civic or service purpose within this state and has been determined by the
26       secretary administrator of revenue to be organized and operated as a
27       bona fide fraternal organization and which has been exempted from the
28       payment of federal income taxes as provided by section 501(c)(8) or sec-
29       tion 501(c)(10) of the federal internal revenue code of 1954 1986, as
30       amended, or determined to be organized and operated as a bona fide
31       nonprofit fraternal organization by the secretary administrator of
32       revenue.
33             (h) (m) (o) (r) ``Nonprofit educational organization'' means any pub-
34       lic or private elementary or secondary school or institution of higher ed-
35       ucation which has been determined by the secretary administrator of
36       revenue to be organized and operated as a bona fide educational organ-
37       ization and which has been exempted from the payment of federal income
38       taxes as provided by section 501(c)(3) of the federal internal revenue code
39       of 1954 1986, as amended, or determined to be organized and operated
40       as a bona fide nonprofit educational organization by the secretary ad-
41       ministrator of revenue.
42             (i) (n) (p) (s) ``Nonprofit veterans' organization'' means any organi-
43       zation within this state or any branch, lodge, or chapter of a national or


5

  1       state organization within this state, the membership of which consists
  2       exclusively of individuals who qualify for membership because they were
  3       or are members of the armed services or forces of the United States, or
  4       an auxiliary unit or society of such a nonprofit veterans' organization the
  5       membership of which consists exclusively of individuals who were or are
  6       members of the armed services or forces of the United States, or are
  7       cadets, or are spouses, widows or widowers of individuals who were or
  8       are members of the armed services or forces of the United States, and of
  9       which no part of the net earnings inures to the benefit of any private
10       shareholder or individual member of such organization, and has been
11       determined by the secretary administrator of revenue to be organized
12       and operated as a bona fide veterans' organization and which has been
13       exempted from the payment of federal income taxes as provided by sec-
14       tion 501(c)(4) or 501(c)(19) of the federal internal revenue code of 1954
15       1986, as amended, or determined to be organized and operated as a bona
16       fide nonprofit veterans' organization by the secretary administrator of
17       revenue.
18             (j) (o) (q) (t)  ``Lessor'' means the owner, coowner, lessor or sublessor
19       of premises upon which a licensee is permitted to manage, operate or
20       conduct games of bingo, whether or not a written lease has been entered
21       into and submitted to the secretary administrator of revenue as required
22       in subsection (c) of K.S.A. 79-4703, and amendments thereto, and in-
23       cludes all political subdivisions and other public agencies.
24             (p) (r) u  ``Operator'' means any person nonprofit organization is-
25       sued a license to manage, operate or conduct games of bingo pursuant to
26       K.S.A. 79-4703, and amendments thereto, and any Native American In-
27       dian tribe or other person or entity which manages, operates or conducts
28       games of bingo within the geographic boundaries of the state of
29       Kansas.
30             (s) (t) ``Person'' means any natural person, corporation, part-
31       nership, trust or association.
32             (k) (q) (t) (u) ``Premises'' means any room, hall, building, enclosure
33       or outdoor area used for the management, operation or conduct of a game
34       of bingo by a licensee.
35             (r) (u) (v) ``Progressive bingo game'' means a game of call bingo in
36       which either the established prize amount or number of bingo balls or
37       objects called, or both, may be increased from one session to the next
38       scheduled session if no player completes the required pattern within the
39       specified number of bingo balls or objects drawn. The player's opportunity
40       to win shall increase as the prize amount increases.
41        (w) ``Regular game of bingo'' means any game of bingo which is
42       subject to the 25 game limit, $50 prize limit and the $1 charge limit
43       imposed under subsections (g), (h) and (j) of K.S.A. 79-4706, and


6

  1       amendments thereto.
  2             (s) (v) (x) ``Secretary'' means the secretary of revenue or the secre-
  3       tary's designee.
  4             (t) (w) (y) ``Session'' means a day on which a licensee conducts games
  5       of bingo.
  6             Sec.  3. K.S.A. 79-4703 is hereby amended to read as follows: 79-
  7       4703. (a) Any bona fide nonprofit religious, charitable, fraternal, educa-
  8       tional or veterans' organization desiring to manage, operate or conduct
  9       games of bingo within the state of Kansas may make application for a
10       license therefor in the manner provided under this section. Application
11       for licenses required under the provisions of this act shall be made to the
12       secretary administrator of revenue upon forms prepared by the secre-
13       tary of revenue or the secretary's designee and prescribed by the secretary
14       administrator. The application shall contain:
15             (1) The name and address of the organization;
16             (2) the particular place or location for which a license is desired;
17             (3) a sworn statement verifying that such organization is a bona fide
18       nonprofit religious, charitable, fraternal, educational or veterans' organi-
19       zation authorized to operate within the state of Kansas signed by the
20       presiding officer and secretary of the organization; and
21             (4) such other information as may be required by the secretary ad-
22       ministrator of revenue.
23             (b) No bingo license shall be issued to any bona fide nonprofit relig-
24       ious, charitable, fraternal, educational or veterans' organization if any of
25       its officers, directors or officials or persons employed on the premises:
26             (1) Has been convicted of, has pleaded guilty to or pleaded nolo con-
27       tendere to a violation of gambling laws of any state or the gambling laws
28       of the United States, or shall have forfeited bond to appear in court to
29       answer charges for any such violation, or has been convicted or pleaded
30       guilty or pleaded nolo contendere to the violation of any law of this or any
31       other state which is classed as a felony under the laws of such state;
32             (2) at the time of application for renewal of a bingo license issued
33       hereunder would not be eligible for such license upon a first application.
34             (c) An application for a license required under the provisions of this
35       act shall be accompanied by a fee of $25 and if such organization is to
36       conduct bingo on any leased premises, the terms of the lease shall be
37       reduced to writing and a copy of the lease shall be submitted to the
38       secretary of revenue. The secretary of revenue shall have the power and
39       administrator. The administrator shall have the power and authority
40       to approve or disapprove any lease submitted. No lease, which has been
41       approved by the secretary administrator of revenue, shall be amended,
42       modified or renewed in any manner until such amendments, modifica-
43       tions or renewals of such lease have been approved by and are on file


7

  1       with the secretary of revenue. No lease submitted to the secretary of
  2       revenue shall administrator. No lease submitted to the administrator
  3       shall be approved unless:
  4             (1) The rental cost of the premises itself is fair and reasonable and,
  5       in no event, shall. The rent charged for any session of bingo shall not
  6       exceed 50% of the net proceeds for the session after payment of prizes
  7       and taxes or the fair and reasonable rental value determined by the sec-
  8       retary administrator of revenue, whichever is less. The rental costs so
  9       charged shall be substantiated to the secretary administrator of revenue
10       under rules and regulations adopted by the secretary pursuant to the
11       bingo act.
12             (2) Any costs additional to the costs under paragraph (1) of this sub-
13       section (c) which are to be borne by the lessee shall reflect the actual
14       costs incurred by the lessor and shall first shall be substantiated to the
15       secretary of revenue under rules and regulations adopted by the secretary.
16       administrator under rules and regulations adopted pursuant to the
17       bingo act.
18             (3) No costs shall be borne by the lessee unless such costs are enu-
19       merated in the lease submitted to the secretary administrator of
20       revenue.
21             (d) Each license issued shall expire at midnight on June 30 following
22       its date of issuance. A licensee may hold only one license and that license
23       is valid for only one location. However, any licensee may operate or con-
24       duct games of bingo, not to exceed five days in any one year, at locations
25       other than that specified in the license and. If any licensee does operate
26       or conduct games of bingo under this provision at a location other than
27       that specified in the license, such licensee shall submit a written notifi-
28       cation to the secretary administrator of revenue, at least three days prior
29       to operating or conducting bingo at the change of such other location. No
30       organization shall be issued a license to operate or conduct games of bingo
31       at any location outside the county within which such organization is lo-
32       cated as reported in its application for licensure pursuant to subsection
33       (a), nor shall any. No licensee shall operate or conduct games of bingo at
34       any location outside the county within which such licensee is located.
35       Licenses issued under the provisions of this act shall not be transferred
36       or assignable. If any organization licensed to play bingo changes any of
37       its officers, directors or officials during the term of its bingo license, such
38       organization shall report the names and addresses of such individuals to
39       the secretary administrator of revenue immediately with the sworn
40       statement of each such individual as required by this section on forms
41       furnished prescribed by the secretary administrator of revenue. No or-
42       ganization which denies its membership to persons for the reason of their
43       race, color or physical handicap, shall be granted or allowed to retain a


8

  1       license issued under the authority of this act. Except for nonprofit adult
  2       care homes licensed under the laws of the state of Kansas, no license shall
  3       be issued to any organization under the provisions of this act which has
  4       not been in existence continuously within the state of Kansas for a period
  5       of 18 months immediately preceding the date of making application for
  6       a license. The licensee shall display the license in a prominent place in
  7       the vicinity of the area where it is to conduct bingo.
  8             (d) (e) No lessor of premises used for the management, operation or
  9       conduct of any games of bingo shall permit the management, operation
10       or conduct of bingo games on such premises unless and until such lessor
11       has made application for and has been issued a registration certificate by
12       the secretary administrator of revenue. Application for registration shall
13       be accompanied by a fee in the amount of $100 and. Such application
14       shall be made upon forms prescribed by the secretary administrator and
15       shall be submitted to the secretary administrator. The application shall
16       contain:
17             (1) The name or names of the lessor of premises which will be used
18       for the management, operation or conduct of any games of bingo includ-
19       ing, in the case of a corporation, partnership, association, trust or other
20       entity, the names of all individuals having more than a 10% ownership
21       interest, either directly or indirectly in such entity;
22             (2) the address of such premises;
23             (3) the name or names of any and all organizations which will manage,
24       operate or conduct any games of bingo on such premises during the pe-
25       riod for which the registration certificate is valid;
26             (4) such other information as may be required by the secretary
27       administrator.
28             (e) (f) Each registration certificate, or renewal thereof, issued under
29       the provisions of subsection (d) (e) shall expire at midnight on June 30
30       following its date of issuance. The certificate of registration shall be valid
31       for only one premises and shall be prominently displayed in a prominent
32       place in the registered premises.
33             (f) The secretary of revenue shall not issue a (g) No registration
34       certificate shall be issued for any premises if any individual who is con-
35       nected in any way, directly or indirectly, with the owner or lessor of the
36       premises has, within five years prior to registration, has been convicted
37       of or pleaded guilty or nolo contendere to any felony or illegal gambling
38       activity or purchased a tax stamp for wagering or gambling activity.
39             Sec.  4. K.S.A. 79-4704 is hereby amended to read as follows: 79-
40       4704. For the purpose of providing revenue which may be used by the
41       state, counties and cities and for the privilege of operating or conducting
42       games of bingo under the authority of this act:
43             (a) There is hereby levied and there shall be collected and paid by


9

  1       each licensee remitted by the operator a tax at the rate of 3% upon the
  2       gross receipts received by the licensee operator from charges for partic-
  3       ipation in call bingo games using bingo cards and any admission fees or
  4       charges in connection therewith. The legal incidence of the tax under this
  5       subsection is hereby imposed upon the players of games of bingo. The tax
  6       imposed under this subsection shall be paid by the player to the operator
  7       of games of bingo. The operator shall collect from the player the full
  8       amount of the tax and remit the same to the director. The tax imposed by
  9       this section subsection shall be in addition to the license fee imposed
10       under K.S.A. 79-4703, and amendments thereto. The provisions of this
11       subsection shall expire on July 1, 2002.
12             (b) There is hereby levied and there shall be collected and remitted
13       by each distributor a tax at a rate of $0.002 upon each bingo face sold or
14       distributed by the distributor to operators conducting call bingo games
15       within the state of Kansas. The legal incidence of the tax under this sub-
16       section is hereby imposed upon the players of games of bingo. Such tax
17       shall be pre-collected by the distributor from the players. The tax imposed
18       under this subsection shall be paid by the player to the operator of games
19       of bingo. The operator shall collect from the player the full amount of the
20       tax imposed and remit the same to the distributor. The distributor shall
21       collect from the operator the full amount of the tax imposed and remit the
22       same to the director.
23             (b) (c) There is hereby levied and there shall be collected and paid
24       remitted by each bingo card distributor a tax at a rate of 1% upon the
25       total of the printed retail sales price of all tickets in each box of instant
26       bingo tickets sold or distributed by the distributor to each licensee con-
27       ducting instant bingo games within the state of Kansas. The bingo card
28       distributor shall include the tax due under this subsection in the sales
29       price of each box paid by the licensee and such tax shall be itemized
30       separately on the invoice provided to the licensee The legal incidence of
31       the tax under this subsection is hereby imposed upon the players of games
32       of bingo. Such tax shall be pre-collected by the distributor from the play-
33       ers. The tax imposed under this subsection shall be paid by the player to
34       the operator of games of bingo. The operator shall collect from the player
35       the full amount of the tax imposed and remit the same to the distributor.
36       The distributor shall collect from the operator the full amount of the tax
37       imposed and remit the same to the director.
38             (c) (d) Whenever, in the judgment of the secretary of revenue, it is
39       necessary, in order to secure the collection of the tax due under subsec-
40       tion (b) this section, the secretary shall require any bingo card distributor
41       subject to required to remit such tax to file a bond with the director of
42       taxation under conditions established by and in such form and amount as
43       prescribed by rules and regulations adopted by the secretary.


10

  1             For the privilege of participating in games of bingo, there is
  2       hereby levied upon each player:
  3             (a) A tax at the rate of 3% upon the charges made by each op-
  4       erator for participation in call bingo games using hard cards. The
  5       operator shall collect the tax from the player at the time that the
  6       player pays the charges for participation and shall remit the tax to
  7       the director. The ultimate legal incidence of and liability for such
  8       tax shall be upon the player.
  9             (b) A tax at the rate of $0.003 upon each bingo face sold or
10       provided to the player by the operator for participation in call
11       bingo games. The tax shall be prepaid by the operator to the dis-
12       tributor at the time that the operator purchases the bingo face. The
13       distributor shall remit the tax to the director. The operator shall
14       then be reimbursed for the prepaid tax by collecting the tax from
15       each player at the time that the player pays the charges for partic-
16       ipation in call bingo games using bingo faces. The ultimate legal
17       incidence of and liability for such tax shall be upon the player.
18             (c) A tax at the rate of 1% upon the retail sales price printed on
19       each instant bingo ticket sold or provided to the player by the op-
20       erator for participation in instant bingo games. The tax shall be
21       prepaid by the operator to the distributor at the time that the op-
22       erator purchases the bingo face. The distributor shall remit the tax
23       to the director. The operator shall then be reimbursed for the pre-
24       paid tax by collecting the tax from each player at the time that the
25       player pays the charges for participation in instant bingo games.
26       The ultimate legal incidence of and liability for such tax shall be
27       upon the player.
28        Sec.  4. K.S.A. 79-4704 is hereby amended to read as follows:
29       79-4704. For the purpose of providing revenue which may be used
30       by the state, counties and cities and for the privilege of operating or
31       conducting games of bingo under the authority of this act:
32             (a) There is hereby levied and there shall be collected and paid
33       by each licensee a tax at the rate of 3% upon the gross receipts
34       received by the licensee from charges for participation in call bingo
35       games using bingo cards and any admission fees or charges in con-
36       nection therewith. The tax imposed by this section shall be in addi-
37       tion to the license fee imposed under K.S.A. 79-4703, and amend-
38       ments thereto.
39             (b) There is hereby levied and there shall be collected and paid by
40       each distributor a tax at a rate of $0.002 upon each bingo face sold or
41       distributed by the distributor to each licensee conducting call bingo games
42       within the state of Kansas. The distributor shall include the tax due under
43       this subsection in the sales price of each bingo face paid by the licensee


11

  1       and such tax shall be itemized separately on the invoice provided to the
  2       licensee.
  3             (b) (c) There is hereby levied and there shall be collected and
  4       paid by each bingo card distributor a tax at a rate of 1% upon the
  5       total of the printed retail sales price of all tickets in each box of
  6       instant bingo tickets sold or distributed by the distributor to each
  7       licensee conducting instant bingo games within the state of Kansas.
  8       The bingo card distributor shall include the tax due under this sub-
  9       section in the sales price of each box paid by the licensee and such
10       tax shall be itemized separately on the invoice provided to the
11       licensee.
12             (c) (d) Whenever, in the judgment of the secretary of revenue ad-
13       ministrator, it is necessary, in order to secure the collection of the
14       tax due under subsection (b), the secretary administrator shall require
15       any bingo card distributor subject to such tax to file a bond with the
16       director of taxation under conditions established by and in such form
17       and amount as prescribed by rules and regulations adopted by the
18       secretary.
19             Sec.  5. K.S.A. 79-4705 is hereby amended to read as follows: 79-
20       4705. (a) On dates prescribed by the director administrator of taxation,
21       every licensee operating or conducting a game of bingo operator shall
22       make a return to the director administrator of taxation upon forms pre-
23       scribed by the director administrator stating. Such form shall contain:
24             (1) The name and address of the organization operator licensee,;
25             (2) the amount of the gross receipts received from charges for ad-
26       mission or participation in such game games using bingo cards during the
27       preceding reporting period,;
28             (3) the number of bingo faces and the name of the distributor from
29       whom such faces were purchased or otherwise obtained during the pre-
30       ceding reporting period;
31             (4) the amount of the gross receipts received from charges for admis-
32       sion to the premises for participation in games of bingo during the pre-
33       ceding reporting period;
34             (5) the number of each denomination of instant bingo tickets sold
35       during the preceding reporting period and; and
36             (6) such other information as the director administrator may deem
37       necessary. The licensee making the return shall,
38             (b) At the time of making such return, pay licensees operators li-
39       censees conducting call bingo games using bingo cards shall remit to the
40       director administrator of taxation the amount of the tax then due under
41       subsection (a) of K.S.A. 79-4704, and amendments thereto. The director
42       administrator may extend the time for making returns and the payment
43       of such taxes for a period not exceeding 60 days under rules and regula-


12

  1       tions adopted by the secretary of revenue. The provisions of this subsec-
  2       tion shall expire on July 1, 2002 adopted pursuant to the bingo act.
  3             (b) (c) On dates prescribed by the director administrator of taxation,
  4       every bingo card distributor shall make a return to the director admin-
  5       istrator of taxation upon forms prescribed by the director administra-
  6       tor, listing. Such form shall state:
  7             (1) the number of instant bingo tickets sold or distributed to each
  8       licensee, operator licensee;
  9             (2) the amount of the retail sales price of such tickets,;
10             (3) the number of bingo cards sold or distributed to each operator
11       licensee;
12             (4) the number of disposable paper call bingo faces sold or distributed
13       to each licensee operator licensee; and
14             (5) and such other information as the director administrator may
15       deem necessary. The distributor making the return shall, pay At the time
16       of making such return, the distributor shall remit to the director admin-
17       istrator of taxation the an amount equal to 98% of tax then due on the
18       instant bingo tickets under K.S.A. 79-4704 due under subsection (b) of
19       K.S.A. 79-4704, and amendments thereto.
20             (c) (d) If any licensee or bingo card operator licensee or distributor
21       fails to make a return, or to pay or remit any tax, when required to do so
22       by the provisions of this act, except in the case of an extension of time
23       granted by the director administrator of taxation, there shall be added
24       to the tax determined to be due a penalty of 25% of the amount of such
25       tax, together with interest at the rate per month prescribed by subsection
26       (a) of K.S.A. 79-2968, and amendments thereto, from the date the tax
27       was due until paid.
28             (d) (e) If any tax determined and assessed by the director adminis-
29       trator of taxation is unpaid is not remitted due to fraud with intent to
30       evade the tax imposed by this act, there shall be added thereto a penalty
31       of fifty percent 50% of the amount of such tax, together with interest at
32       the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and
33       amendments thereto, from the date the tax was due until paid.
34             (e) (f) Whenever, in the judgment of the director administrator of
35       taxation, the failure of any licensee or bingo card operator licensee or
36       distributor to comply with the provisions of subsection (a) or (b), (b) or
37       (c) was due to reasonable cause, the director of taxation may, in the di-
38       rector's discretion, may able cause, the administrator, in the admin-
39       istrator's discretion, may waive or reduce any of the penalties or inter-
40       est imposed by this section, upon making a record of the reason therefor.
41             (f) (g) The penalties imposed under this section shall be in addition
42       to , and in no way shall abridge, supersede, or contravene, all other pen-
43       alties imposed by this act for violation of the provisions of this act law.


13

  1             Sec.  6. K.S.A. 79-4705a is hereby amended to read as follows: 79-
  2       4705a. (a) For the purpose of ascertaining the correctness of any return
  3       or for the purpose of determining the receipts and payments of any li-
  4       censee remittances of any operator licensee or distributor, the secretary
  5       administrator of revenue shall have power to examine, or cause to be
  6       examined by any agent or representative designated by the secretary for
  7       that purpose, may examine any books, papers, records or memoranda,
  8       bearing upon the matters required to be included in the records of the
  9       licensee operator licensee or distributor, and. The secretary adminis-
10       trator may require the attendance of the licensee operator licensee or
11       distributor in the county where the licensee operator licensee or distrib-
12       utor resides, or where the location or of the registered premises for bingo
13       games are located, or of any person having knowledge relating to such
14       records, and may take testimony and require proof of such person or
15       persons.
16             (b) The secretary administrator of revenue may issue subpoenas to
17       compel access to or for the production of such books, papers, records or
18       memoranda in the custody of or to which the licensee operator licensee
19       or distributor has access, or to compel the appearance of such persons,
20       and. The secretary administrator may issue interrogatories to any such
21       person to the same extent and subject to the same limitations as would
22       apply if the subpoena or interrogatories were issued or served in aid of a
23       civil action in the district court. The secretary administrator or an agent
24       or representative designated by the secretary for that purpose may ad-
25       minister oaths and take depositions to the same extent and subject to the
26       same limitations as would apply if the deposition was in aid of a civil action
27       in the district court. In case of the refusal of any person to comply with
28       any subpoena or interrogatory or to testify to any matter regarding which
29       such person lawfully may be lawfully questioned, the district court of any
30       county may, upon application of the secretary administrator, may order
31       such person to comply with such subpoena or interrogatory or to testify.
32       Failure to obey the court's order may be punished by the court as con-
33       tempt. Subpoenas or interrogatories issued under the provisions of this
34       section may be served upon individuals and corporations in the manner
35       provided in K.S.A. 60-304, and amendments thereto, for the service of
36       process by any officer authorized to serve subpoenas in civil actions or by
37       the secretary administrator of revenue or an agent or representative
38       designated by the secretary.
39             Sec.  7. K.S.A. 79-4706 is hereby amended to read as follows: 79-
40       4706. Games of bingo managed, operated or conducted by organizations
41       licensed under the provisions of this act shall be managed, operated or
42       conducted subject to the provisions of this act and rules and regulations
43       adopted by the secretary and conducted in accordance with the bingo


14

  1       act and rules and regulations adopted pursuant thereto of revenue
  2       and the following restrictions:
  3             (a) The entire gross receipts received by any such organization li-
  4       censee from the operation or conduct of games of bingo, except that
  5       portion utilized for the payment of the cost of prizes and license fees and
  6       taxes on games of bingo cards imposed under the provisions of this act,
  7       shall be used exclusively for the lawful purposes of the organization li-
  8       censee permitted to conduct that game.
  9             (b) No person licensed under the bingo act except Games of bingo
10       managed, conducted or operated by a licensee, shall be managed,
11       conducted or operated only by a bona fide member or spouse of a bona
12       fide member of the sponsoring organization licensee or parent organi-
13       zation or an auxiliary unit or society of such sponsoring organization li-
14       censee may participate in the management, conduct or operation of any
15       game of bingo.
16             (c) No lessor, any employee of any such lessor or any employee, of-
17       ficer or shareholder of a for profit corporation which is the lessor, shall
18       play any game of bingo or participate in any drawing on premises
19       leased by any such lessor or shall nor shall such person be responsible for
20       or assist in the management, operation or conduct of any game of bingo
21       or drawing on such premises.
22             (d) No person may participate in the management, conduct or op-
23       eration of bingo games by a licensee if such person, within five years
24       prior to such participation, has been convicted of or pleaded guilty or nolo
25       contendere to any felony or illegal gambling activity or purchased a tax
26       stamp for wagering or gambling activity.
27             (e) No person may receive any remuneration or profit for participat-
28       ing in the management, conduct or operation of any game of bingo. ing
29       in any game of bingo managed, conducted or operated by licensees.
30       (e) No person may receive any remuneration or profit for partic-
31       ipating in the management, conduct or operation of any game of
32       bingo managed, conducted or operated by a licensee.
33             (f) The aggregate value of all prizes including the retail value of all
34       merchandise awarded or offered by any such organization a licensee on
35       any single day in a single session to winners of games of regular and
36       special call bingo shall not exceed $1,200, and. The value of a prize
37       awarded in a progressive call or mini bingo game shall not be included
38       when determining the limit imposed by this subsection. Any monetary
39       prize awarded in cash of $100 of $500 $200 or more awarded in games
40       of bingo shall be paid by a check drawn on the bingo trust bank account
41       of the licensee.
42             (g) The total number of regular, special and progressive call bingo
43       games managed, operated or conducted by any licensee in any one day


15

  1       session shall not exceed 25 and not more than five of such games shall be
  2       jackpot or special games and. Not more than one licensee may conduct
  3       bingo games at a given location or registered premises in any one calendar
  4       day session.
  5             (h) The prize awarded by a licensee in any one regular call bingo
  6       game shall not exceed $50 in cash or its equivalent and such. The prize
  7       in any one jackpot or special call bingo game shall not exceed $500 in
  8       cash or its equivalent.
  9             (i) The retail value of any merchandise received by a winner of a
10       bingo game shall be considered as the cash value for the purposes of
11       determining the value of the prize.
12             (j) The charge made by a licensee for a single reusable bingo card
13       or equivalent number of disposable paper cards bingo faces to play in call
14       regular bingo games in any one session, other than jackpot or special
15       games, shall not exceed $1 and. Such reusable bingo card or equivalent
16       number of disposable paper cards bingo faces shall be valid for all such
17       regular call bingo games conducted or operated by the licensee on a
18       particular day in any one session. The charge made by a licensee for a
19       single reusable bingo card or disposable paper card bingo face to play in
20       any single jackpot or special, mini or progressive game shall not exceed
21       $1. Paper game program booklets with multiple bingo cards printed on
22       the pages thereof are permitted so long as the charge made for a regular
23       game program booklet does not exceed $1, except that the charge for
24       such game program booklet may be increased by an amount not exceed-
25       ing $1 for each single jackpot or special game in the game program book-
26       let. The charge made by a licensee for a single instant bingo ticket shall
27       not exceed $1.
28             (k) Games of bingo shall not be managed, operated or conducted by
29       any licensee on more than two calendar days in any one week.
30             (l) All licenses issued under the provisions of this act shall be issued
31       in the name of the organization licensed.
32             (m) Each licensee operator licensee shall keep a record of all bingo
33       games of bingo managed, operated or conducted by it for a period of
34       three years following the date the game is managed, operated or
35       conducted.
36             (n) No person under the age of 18 years shall participate in the man-
37       agement, operation or conduct of any game of bingo managed, operated
38       or conducted by a licensee under the provisions of this act and no li-
39       censee shall sell any instant bingo ticket to a person under the age of 18
40       years.
41             (o) A lessor of premises used for the management, operation or con-
42       duct of games of bingo or a licensee may not advertise games of bingo
43       games except to the extent and in the manner prescribed by the rules


16

  1       and regulations adopted by the secretary pursuant to the bingo act. of
  2       revenue, and. Any advertisement of any bingo game of bingo by or on
  3       behalf of such lessor or licensee shall specify the organization which is
  4       managing, operating or conducting the bingo such game. For the pur-
  5       poses of this act and rules and regulations of the secretary of revenue,
  6       The announcement of the cancellation of a game of bingo shall not be
  7       considered to be an advertisement.
  8             (p) No lessor of premises used for the management, operation or
  9       conduct of any games of bingo or any licensee shall offer an opportunity
10       to participate in a game of chance, drawing, contest, door prize, game,
11       test of skill, lottery or any similar activity as an inducement to participate
12       in games of bingo nor as a bingo prize or preliminary to the awarding of
13       a bingo prize.
14        (p)  (1) Except as provided by paragraph (2) of this subsection,
15       no game of chance or contest where a prize is awarded, other than
16       games of bingo, shall be conducted on any premises where licensees
17       are conducting games of bingo, where the intent of such game of
18       chance or contest is to induce participation in such games of bingo.
19             (2) One drawing per session may be conducted by the licensee.
20       Only a nonmonetary prize having a value not exceeding $25 shall
21       be awarded to the winner of such drawing. There shall be no charge
22       for participation in such drawing. There shall be no requirement to
23       purchase anything of value in order to participate in such drawing.
24             (q) No licensee shall manage, operate or conduct bingo on any leased
25       premises or with leased equipment unless all of the terms and conditions
26       of rental or use, including the rental of chairs, bingo equipment, tables,
27       security guards, janitor service or any other services, are set forth in a
28       lease submitted, approved and on file with the secretary administrator
29       of revenue.
30             (r) No premises shall be used for the management, operation or con-
31       duct of bingo games of bingo by licensees on more than three calendar
32       days in any one week.
33             (s) No premises shall be subdivided to provide multiple premises
34       where games of bingo are managed, operated or conducted by licensees,
35       whether or not the multiple premises have different addresses.
36             (t) No game of bingo shall be managed, operated or conducted by
37       licensees on leased premises if at any time during the immediately pre-
38       ceding 44 hours the premises, or any leased premises within 1,000 feet
39       of them, have been used for the management, operation or conduct of a
40       game of bingo.
41             (u) Every licensee who has gross receipts of $1,000 or more received
42       from participation in games, admission fees or charges and from any other
43       source directly related to the operation or conduct of any bingo games of


17

  1       bingo in any calendar month shall maintain a bingo trust bank account
  2       into which all such receipts are deposited daily and from which all pay-
  3       ments are made relating to the management, operation or conduct of any
  4       bingo games of bingo, except payment of prizes of less than $100 $500
  5       $200. Having once established such bingo trust bank account, the li-
  6       censee shall continue to make deposits of all receipts therein. Every li-
  7       censee shall notify the secretary administrator of revenue of the name
  8       of the bank in which the bingo trust bank account is maintained, together
  9       with the number and name of the account. Every licensee who maintains
10       a bingo trust bank account shall maintain a complete record of all deposits
11       and withdrawals from such bank account and the same shall be available
12       to the secretary administrator of revenue or the secretary's agents or
13       investigators to audit at any reasonable time.
14             (v) The records required under this subsection (u) are in addition to
15       all other records required to be kept by the licensee by statute or rules
16       and regulations. The records required by this subsection (u) shall be
17       maintained in the same place as all other records required to be kept by
18       the licensee.
19             (w) (v) No instant bingo ticket shall be sold and no mini bingo game
20       shall be conducted by a licensee more than one hour prior to the start
21       of the first regular or special game of call bingo for the day of a session
22       or after the termination of the last game of call bingo operated or con-
23       ducted by the licensee for such calendar day session.
24             (x) (w) No licensee operator licensee shall purchase disposable paper
25       call bingo cards or obtain bingo faces or instant bingo tickets from any
26       person or entity other than a bingo card distributor registered by the
27       secretary of revenue as provided in this act pursuant to K.S.A. 79-4712a,
28       and amendments thereto.
29             (y) (x) All instant bingo tickets sold or distributed to licensees oper-
30       ators licensees shall bear on the face thereof a unique serial number
31       which shall not be repeated on the same manufacturer's form number
32       less than every three years. All instant bingo tickets shall be sold or dis-
33       tributed in boxes, and. Each box shall be sealed by the manufacturer with
34       a seal which includes a warning to the purchaser that the box may have
35       been tampered with if the box was received by the purchaser with the
36       seal broken. Each box of instant bingo tickets shall contain tickets printed
37       in such a manner as to insure that at least 60% of the gross revenues
38       generated by the ultimate sale of all tickets from such box shall be re-
39       turned to the final purchasers of such tickets. No box of instant bingo
40       tickets may be opened by a licensee unless all tickets contained in a pre-
41       viously opened box with the same form number have been sold.
42             (z) (y) Each box of instant bingo tickets sold or distributed to licens-
43       ees operators licensees shall be accompanied by a flare which contains


18

  1       the following information: (1) The name of the game; (2) the manufac-
  2       turer's name or logo; (3) the game form number; (4) the ticket count in
  3       the game; (5) the prize structure for the game, which includes the number
  4       of winning tickets by denomination and their respective winning symbol
  5       or number combinations; (6) the cost per ticket; (7) the game serial num-
  6       ber; (8) the winning numbers or symbols for the top three winning tiers
  7       set out in such a manner that each prize may be marked off as the prize
  8       is won and awarded; (9) the business name of the bingo card distributor;
  9       and (10) if sold or distributed to a licensee under the bingo act, the
10       Kansas bingo license number of the licensee to which the game is sold.
11             (z)  (1) No progressive game may exceed 20 consecutive sessions con-
12       ducted by a licensee prior to the awarding of the established prize.
13             (2) No more than two progressive bingo games may be conducted in
14       any one session.
15             (3) A prize for a progressive game may start at an amount not to
16       exceed $250 and may be increased by no more than $100 for each session
17       during which the progressive game is continued. The prize awarded at
18       the end of any progressive game shall not exceed $1,000.
19             (4) If the progressive bingo game prize is not awarded at a bingo
20       session, the progressive bingo game shall be continued at a future occa-
21       sion until such time a winner is determined. The winning prize shall not
22       have to be the full amount, but a stated consolation prize in an amount
23       not to exceed $250 may be awarded. Any be the full amount. If there
24       is no winner of a progressive bingo game at a session, a stated con-
25       solation prize may be awarded. Any consolation prize shall be less than
26       the value of the progressive bingo game prize amount.
27             (5) All progressive bingo games and rules for such games shall be
28       described fully and posted in the house rules prior to the start of the
29       session. Such games shall comply with requirements imposed under the
30       bingo act and any rules and regulations adopted pursuant thereto.
31             (6) When a person achieves the first preannounced winning combi-
32       nation, the game shall be completed and the next progressive bingo game
33       and winning combination shall be commenced with a new bingo card or
34       face and all objects or balls in the receptacle.
35             (7) The rules for a progressive bingo game shall remain in effect until
36       the game ends and the winner is determined.
37             (8) Progressive bingo games may not be conducted in conjunction
38       with a session of bingo conducted at a location other than that specified
39       in the license as authorized by subsection (c) of 79-4703, and amendments
40       thereto.
41             (9) A licensee shall not cease bingo operations unless all progressive
42       bingo games are completed and prizes are awarded, unless prior approval
43       has been received from the secretary.


19

  1             (aa) Except as specifically provided by the secretary in rules and reg-
  2       ulations adopted pursuant to the bingo act, the distribution, sale or use
  3       of reusable bingo cards is prohibited from and after July 1, 2002 2003,
  4       and thereafter, only bingo faces shall be distributed, sold or used in call
  5       bingo games operated and conducted by operators. The secretary may
  6       require the payment of a tax at a rate of 3% on the gross receipts received
  7       by the operator from charges for participation in call bingo games using
  8       bingo cards pursuant to this subsection.
  9        (bb) No more than one prize for an instant bingo game may be
10       awarded by matching a letter, number or symbol under a tab of an
11       instant bingo ticket with the winning letter, number or symbol in a
12       designated call bingo game played during the same session.
13        [(bb) Only one game of instant bingo in which the winner of
14       such game is determined by matching a letter, number or symbol
15       under a tab of an instant bingo ticket with the winning letter, num-
16       ber or symbol in a designated call game of bingo during the same
17       session shall be played in any one session.]
18             (cc) The total number of mini games of bingo managed, oper-
19       ated or conducted by a licensee during a session shall not exceed
20       12 games.
21             New Sec.  8. The secretary administrator shall require, pursuant to
22       rules and regulations adopted pursuant to the bingo act, identification
23       of each sheet of bingo faces in order to insure compliance with the pro-
24       visions of this act. Each package of bingo faces sold or distributed to
25       operators licensees shall be accompanied by a printed statement which
26       contains the following information:
27             (1) (a) The number of bingo faces contained in the package;
28             (2) (b) the wholesale cost of each package, including the tax paid;
29             (3) (c) identification of the manufacturer;
30             (4) (d) the business name of the distributor;
31             (5) (e) the Kansas bingo license number of the licensee to which the
32       package is sold, if sold or distributed to a licensee; and
33             (6) (f) any other information required by the secretary
34       administrator.
35             Sec.  9. K.S.A. 79-4707 is hereby amended to read as follows: 79-
36       4707. (a) The secretary administrator of revenue, after a hearing in
37       accordance with the provisions of the Kansas administrative procedure
38       act, may revoke or suspend any license or registration certificate issued
39       under the provisions of this act for any one of the following reasons:
40             (1) The licensee or registrant has fraudulently obtained the license
41       or registration certificate by giving false information in the application
42       therefor;
43             (2) the licensee or registrant has violated any of the laws of the state


20

  1       of Kansas or provisions of this act or any rules and regulations of the
  2       secretary of revenue for the registration, licensing, taxing, management,
  3       adopted pursuant thereto for the registration, licensing, taxing,
  4       management, conduct or operation of games of bingo; or
  5             (3) the licensee or registrant has become ineligible to obtain a license
  6       under this act.
  7             (b) Any action of the secretary administrator pursuant to subsection
  8       (a) is subject to review in accordance with the act for judicial review and
  9       civil enforcement of agency actions. In case of the revocation of the li-
10       cense of any licensee or the registration of any registrant, no new license
11       or registration shall be issued to such lessor, sublessor or organization, or
12       any person acting for or on its behalf, for a period of six months thereafter.
13       No revocation or suspension of a license or registration certificate shall
14       be for a period in excess of one year if the applicant is otherwise is qual-
15       ified on the date the applicant makes a new application therefor.
16             (c) The secretary administrator of revenue, or the secretary's des-
17       ignee, is hereby authorized to enjoin any person from managing, oper-
18       ating or conducting any games of bingo, or from leasing any premises for
19       such purposes, if such person does not possess a valid license or registra-
20       tion certificate issued pursuant to the provisions of the acts contained in
21       article 47 of chapter 79 of the Kansas Statutes Annotated and amend-
22       ments thereto, and bingo act. The secretary administrator, or the sec-
23       retary's designee, shall be entitled to have an order restraining such per-
24       son from managing, operating or conducting any games of bingo or for
25       any other purpose contrary to the provisions of the acts contained in
26       article 47 of chapter 79 of the Kansas Statutes Annotated and amend-
27       ments thereto, bingo act or from leasing premises for any of such pur-
28       poses, and. No bond shall be required for any such restraining order, nor
29       for any temporary or permanent injunction issued in such proceedings.
30        The provisions of this section shall not apply to games of bingo
31       managed, operated or conducted by Native American Indians.
32             Sec.  10. K.S.A. 79-4708 is hereby amended to read as follows: 79-
33       4708. The administration and enforcement of this the bingo act shall be
34       vested in the secretary of revenue who. The secretary shall adopt and
35       enforce rules and regulations to regulate, license, and tax the manage-
36       ment, operation and conduct of games of bingo and participants therein
37       and to properly administer and enforce the provisions of this the bingo
38       act. Also, the secretary shall adopt rules and regulations relating to the
39       leasing of premises for the management, operation and conduct of games
40       of bingo.
41             (a) The administration and enforcement of the bingo act and
42       any rules and regulations adopted pursuant thereto shall be vested
43       in the administrator.


21

  1             (b) Upon recommendation of the administrator, the secretary
  2       shall adopt all rules and regulations necessary for the administra-
  3       tion and enforcement of the bingo act by the administrator.
  4             Sec.  11. K.S.A. 79-4710 is hereby amended to read as follows: 79-
  5       4710. (a) All amounts received by or for the secretary administrator of
  6       revenue from license and registration fees pursuant to this act shall be
  7       remitted to the state treasurer and. The state treasurer shall deposit all
  8       of such moneys in the state treasury and, except as otherwise provided
  9       by K.S.A. 79-4711, and amendments thereto, for maintenance of the
10       bingo refund fund, shall credit the same to the state bingo regulation
11       fund.
12             (b) All amounts received by or for the secretary administrator of
13       revenue from the tax levied pursuant to K.S.A. 79-4704, and amendments
14       thereto, shall be remitted to the state treasurer and. The state treasurer
15       shall deposit all of such moneys in the state treasury and shall credit the
16       same to the state bingo regulation fund.
17             (c) There is hereby created, in the state treasury, the state bingo
18       regulation fund and the county and city bingo tax fund. Subject to the
19       maintenance requirements of the bingo refund fund under K.S.A. 79-
20       4711 and amendments thereto, 1/3 of each deposit shall be credited to the
21       state general fund, 1/3 of each deposit to the state bingo regulation fund
22       and the remaining 1/3 of such deposit shall be credited to the county and
23       city bingo tax fund. Moneys Except as provided by subsections (d) and
24       (e), all moneys in the state bingo regulation fund shall be expended
25       exclusively for the administration and enforcement of the bingo statutes
26       in article 47 of chapter 79 of Kansas Statutes Annotated act, and amend-
27       ments thereto, and rules and regulations adopted pursuant thereto. Such
28       expenditures shall be made upon vouchers approved by the secretary
29       administrator of revenue or a person designated by the secretary.
30             (c) All moneys deposited in the county and city bingo tax fund shall
31       be returned to the counties and cities in which the locations and regis-
32       tered premises are located at a time or times fixed by the secretary but
33       not less than once each year. If the locations and registered premises are
34       located within the corporate limits of a city, all taxes collected therefrom
35       shall be remitted to the city treasurer of such city and credited to the city
36       general fund. If the locations and registered premises are located within
37       the unincorporated area of any county, all taxes collected therefrom shall
38       be remitted to the county treasurer of such county and credited to the
39       county general fund. Moneys distributed to cities and counties under this
40       section shall be used to assist in the enforcement of the bingo laws of this
41       state.
42             (d) Except as otherwise provided by this act, all operating expenses
43       of the secretary related to the administrator related to the administra-


22

  1       tion and enforcement of the bingo act appropriated by the legislature
  2       shall be paid from the state bingo regulation fund. On the 15th day of
  3       each month, and at such other times as provided by law, At the end of
  4       each fiscal year, the director of accounts and reports shall transfer to
  5       the state general fund any moneys in the state bingo regulation fund on
  6       each such date in excess of the amount required for operating expendi-
  7       tures to pay all operating expenses of the of the secretary administra-
  8       tor related to the enforcement of the bingo act and an adequate fund
  9       balance, taking into consideration encumbrances, anticipated revenues,
10       revenue and expenditure experience to date and other relevant factors, as
11       determined by the secretary and the director of accounts and reports.
12       administration and enforcement of the bingo act.
13        (e) On July 1 of each year or as soon thereafter as sufficient
14       moneys are available, $20,000 credited to the state bingo regulation
15       fund shall be transferred and credited to the problem gambling
16       grant fund established by section 21 [20], and amendments thereto.
17             (e) (f) Upon the effective date of this act, the director of accounts and
18       reports shall transfer all moneys in the county and city bingo tax fund to
19       the state bingo regulation fund. Upon the effective date of this act, all
20       liabilities of the county and city bingo tax fund existing prior to the effec-
21       tive date are hereby imposed on the state bingo regulation fund. The
22       county and city bingo tax fund is hereby abolished.
23             Sec.  12. K.S.A. 79-4711 is hereby amended to read as follows: 79-
24       4711. There is hereby created the bingo refund fund in the state treasury.
25       The bingo refund fund shall be a refund clearing fund and refunds of the
26       fees imposed under K.S.A. 79-4703, and amendments thereto, and of the
27       tax levied under K.S.A. 79-4704, and amendments thereto, shall be made
28       from this such fund. The bingo refund fund shall be maintained by the
29       secretary administrator of revenue from the license and registration fees
30       received under this act and from the tax collected under K.S.A. 79-4704
31       and amendments thereto and taxes collected under the bingo act in an
32       amount sufficient for such refunds not to exceed $10,000.
33             Sec.  13. K.S.A. 79-4712a is hereby amended to read as follows: 79-
34       4712a. (a) No person or entity shall sell or otherwise distribute any dis-
35       posable paper call bingo faces, bingo cards or instant bingo tickets to any
36       organization licensed under the provisions of this act operator licensee
37       unless and until such person or entity has made application for and has
38       been issued a bingo card distributor registration certificate by the sec-
39       retary administrator of revenue. Application for registration shall be sub-
40       mitted to the secretary administrator and shall be accompanied by a fee
41       in the amount of $500 and shall be made upon forms prescribed by the
42       secretary administrator.
43             (b) Each bingo card distributor registration certificate shall expire at


23

  1       midnight on June 30 following its date of issuance. Application for renewal
  2       of a registration certificate shall be submitted to the secretary adminis-
  3       trator and shall be accompanied by a fee in the amount of $500 and shall
  4       be made upon forms prescribed by the secretary administrator.
  5             (c) The secretary administrator of revenue shall establish by rule
  6       and regulation, by rules and regulations adopted under the bingo
  7       act, reasonable criteria for approval of bingo card distributors applica-
  8       tions for registration. The secretary administrator of revenue shall re-
  9       fuse to register a bingo card distributor if any owner, manager or em-
10       ployee thereof has, within five years prior to registration, has been
11       convicted of or pleaded guilty or nolo contendere to any felony or illegal
12       gambling violation in this or any other jurisdiction.
13             (d) All bingo card distributors shall maintain for a period of not less
14       than three years full and complete records of all disposable paper call
15       bingo cards, bingo faces and instant bingo tickets sold to licensees within
16       this state or distributed to operators licensees. Such records shall be
17       made available for inspection by any authorized representative of the
18       secretary administrator of revenue.
19             Sec.  14. K.S.A. 79-4713 is hereby amended to read as follows: 79-
20       4713. (a) In addition to or in lieu of any other civil or criminal penalty
21       provided by law, the secretary administrator of revenue or the secre-
22       tary's designee, upon a finding that a licensee under K.S.A. 79-4703 and
23       amendments thereto, a, lessor or a bingo card distributor has violated any
24       provision of K.S.A. 79-4701 through 79-4705, 79-4705a, 79-4706, 79-
25       4707, 79-4708, 79-4710, 79-4711 or 79-4712 the bingo act, and amend-
26       ments thereto, or any provision of any rule and regulation of the secretary
27       of revenue adopted pursuant thereto, shall impose on such licensee, lessor
28       or bingo card distributor a civil fine not exceeding $500 for each violation.
29             (b) No fine shall be imposed pursuant to this section except upon the
30       written order of the secretary administrator of revenue or the secretary's
31       designee to the licensee, lessor or bingo card distributor who committed
32       the violation. Such order shall state the violation, the fine to be imposed
33       and the right of the licensee, lessor or bingo card distributor to appeal
34       the order. Such order shall be subject to appeal and review in the manner
35       provided by the Kansas administrative procedures procedure act.
36             (c) Any fine collected pursuant to this section shall be paid to the
37       state treasurer, who shall deposit the entire amount in the state treasury
38       and credit it to the state bingo regulation fund.
39             Sec.  15. K.S.A. 79-4714 is hereby amended to read as follows: 79-
40       4714. If any provision of this the bingo act or the application thereof to
41       any person or circumstances is held unconstitutional or otherwise invalid,
42       such unconstitutionality or invalidity shall not affect other provisions or
43       applications of the act which can be given effect without the unconsti-


24

  1       tutional or invalid provision or application, and, to this end, the provisions
  2       of this act are severable.
  3             New Sec.  15. (a) The secretary of revenue shall designate an
  4       administrator of charitable gaming. Any person designated the ad-
  5       ministrator of charitable gaming shall have at least five years' ex-
  6       perience in the area of charitable gaming regulation. The admin-
  7       istrator of charitable gaming shall be in the unclassified service and
  8       shall receive an annual salary fixed by the secretary of revenue and
  9       approved by the governor.
10             (b) Under the supervision of the secretary, the administrator of
11       charitable gaming shall administer and enforce the provisions of
12       the bingo act and any rules and regulations adopted pursuant
13       thereto. The administrator's exclusive duties shall be the adminis-
14       tration and enforcement of the bingo act and any rules and regu-
15       lations adopted pursuant thereto. The administrator shall be solely
16       accountable to and report to the secretary of revenue.
17             New Sec.  16. The department of revenue shall be subject to a
18       performance audit of the first year of implementation and enforce-
19       ment of this act by the department. The scope of such audit shall
20       be determined by the legislative post audit committee and shall in-
21       clude, but not be limited to, the efficiency and effectiveness of the
22       department in implementing and enforcing this act. The post audi-
23       tor may contract for the conduct of such performance audit in ac-
24       cordance with procedures established by the legislative post audit
25       act. The report of the audit required by this section shall be sub-
26       mitted to the legislative post audit committee and to the legislature
27       no later than the first day of the 2001 2002 session. The furnishing
28       of audit services pursuant to this section shall be a transaction be-
29       tween the post auditor and the department of revenue and shall be
30       settled in accordance with the provisions of K.S.A. 75-5515 and
31       amendments thereto.
32             New Sec.  17. If any provision of the bingo act or the application
33       thereof to any person or circumstances is held unconstitutional or
34       otherwise invalid, such unconstitutionality or invalidity shall not
35       affect other provisions or applications of the act which can be given
36       effect without the unconstitutional or invalid provision or appli-
37       cation, and, to this end, the provisions of this act are severable.
38             Sec.  16 18. K.S.A. 1998 Supp. 79-3606 is hereby amended to read
39       as follows: 79-3606. The following shall be exempt from the tax imposed
40       by this act:
41             (a) All sales of motor-vehicle fuel or other articles upon which a sales
42       or excise tax has been paid, not subject to refund, under the laws of this
43       state except cigarettes as defined by K.S.A. 79-3301, and amendments


25

  1       thereto, cereal malt beverages and malt products as defined by K.S.A. 79-
  2       3817, and amendments thereto, including wort, liquid malt, malt syrup
  3       and malt extract, which is not subject to taxation under the provisions of
  4       K.S.A. 79-41a02, and amendments thereto, motor vehicles taxed pursuant
  5       to K.S.A. 79-5117, and amendments thereto, tires taxed pursuant to
  6       K.S.A. 1998 Supp. 65-3424d, and amendments thereto, and drycleaning
  7       and laundry services taxed pursuant to K.S.A. 1998 Supp. 65-34,150, and
  8       amendments thereto;
  9             (b) all sales of tangible personal property or service, including the
10       renting and leasing of tangible personal property, purchased directly by
11       the state of Kansas, a political subdivision thereof, other than a school or
12       educational institution, or purchased by a public or private nonprofit hos-
13       pital or public hospital authority or nonprofit blood, tissue or organ bank
14       and used exclusively for state, political subdivision, hospital or public hos-
15       pital authority or nonprofit blood, tissue or organ bank purposes, except
16       when: (1) Such state, hospital or public hospital authority is engaged or
17       proposes to engage in any business specifically taxable under the provi-
18       sions of this act and such items of tangible personal property or service
19       are used or proposed to be used in such business, or (2) such political
20       subdivision is engaged or proposes to engage in the business of furnishing
21       gas, water, electricity or heat to others and such items of personal prop-
22       erty or service are used or proposed to be used in such business;
23             (c) all sales of tangible personal property or services, including the
24       renting and leasing of tangible personal property, purchased directly by
25       a public or private elementary or secondary school or public or private
26       nonprofit educational institution and used primarily by such school or
27       institution for nonsectarian programs and activities provided or sponsored
28       by such school or institution or in the erection, repair or enlargement of
29       buildings to be used for such purposes. The exemption herein provided
30       shall not apply to erection, construction, repair, enlargement or equip-
31       ment of buildings used primarily for human habitation;
32             (d) all sales of tangible personal property or services purchased by a
33       contractor for the purpose of constructing, equipping, reconstructing,
34       maintaining, repairing, enlarging, furnishing or remodeling facilities for
35       any public or private nonprofit hospital or public hospital authority, public
36       or private elementary or secondary school or a public or private nonprofit
37       educational institution, which would be exempt from taxation under the
38       provisions of this act if purchased directly by such hospital or public hos-
39       pital authority, school or educational institution; and all sales of tangible
40       personal property or services purchased by a contractor for the purpose
41       of constructing, equipping, reconstructing, maintaining, repairing, en-
42       larging, furnishing or remodeling facilities for any political subdivision of
43       the state, the total cost of which is paid from funds of such political


26

  1       subdivision and which would be exempt from taxation under the provi-
  2       sions of this act if purchased directly by such political subdivision. Nothing
  3       in this subsection or in the provisions of K.S.A. 12-3418, and amendments
  4       thereto, shall be deemed to exempt the purchase of any construction
  5       machinery, equipment or tools used in the constructing, equipping, re-
  6       constructing, maintaining, repairing, enlarging, furnishing or remodeling
  7       facilities for any political subdivision of the state. As used in this subsec-
  8       tion, K.S.A. 12-3418 and 79-3640, and amendments thereto, ``funds of a
  9       political subdivision'' shall mean general tax revenues, the proceeds of
10       any bonds and gifts or grants-in-aid. Gifts shall not mean funds used for
11       the purpose of constructing, equipping, reconstructing, repairing, enlarg-
12       ing, furnishing or remodeling facilities which are to be leased to the do-
13       nor. When any political subdivision of the state, public or private non-
14       profit hospital or public hospital authority, public or private elementary
15       or secondary school or public or private nonprofit educational institution
16       shall contract for the purpose of constructing, equipping, reconstructing,
17       maintaining, repairing, enlarging, furnishing or remodeling facilities, it
18       shall obtain from the state and furnish to the contractor an exemption
19       certificate for the project involved, and the contractor may purchase ma-
20       terials for incorporation in such project. The contractor shall furnish the
21       number of such certificate to all suppliers from whom such purchases are
22       made, and such suppliers shall execute invoices covering the same bearing
23       the number of such certificate. Upon completion of the project the con-
24       tractor shall furnish to the political subdivision, hospital or public hospital
25       authority, school or educational institution concerned a sworn statement,
26       on a form to be provided by the director of taxation, that all purchases so
27       made were entitled to exemption under this subsection. As an alternative
28       to the foregoing procedure, any such contracting entity may apply to the
29       secretary of revenue for agent status for the sole purpose of issuing and
30       furnishing project exemption certificates to contractors pursuant to rules
31       and regulations adopted by the secretary establishing conditions and stan-
32       dards for the granting and maintaining of such status. All invoices shall
33       be held by the contractor for a period of five years and shall be subject
34       to audit by the director of taxation. If any materials purchased under such
35       a certificate are found not to have been incorporated in the building or
36       other project or not to have been returned for credit or the sales or
37       compensating tax otherwise imposed upon such materials which will not
38       be so incorporated in the building or other project reported and paid by
39       such contractor to the director of taxation not later than the 20th day of
40       the month following the close of the month in which it shall be deter-
41       mined that such materials will not be used for the purpose for which such
42       certificate was issued, the political subdivision, hospital or public hospital
43       authority, school or educational institution concerned shall be liable for


27

  1       tax on all materials purchased for the project, and upon payment thereof
  2       it may recover the same from the contractor together with reasonable
  3       attorney fees. Any contractor or any agent, employee or subcontractor
  4       thereof, who shall use or otherwise dispose of any materials purchased
  5       under such a certificate for any purpose other than that for which such a
  6       certificate is issued without the payment of the sales or compensating tax
  7       otherwise imposed upon such materials, shall be guilty of a misdemeanor
  8       and, upon conviction therefor, shall be subject to the penalties provided
  9       for in subsection (g) of K.S.A. 79-3615, and amendments thereto;
10             (e) all sales of tangible personal property or services purchased by a
11       contractor for the erection, repair or enlargement of buildings or other
12       projects for the government of the United States, its agencies or instru-
13       mentalities, which would be exempt from taxation if purchased directly
14       by the government of the United States, its agencies or instrumentalities.
15       When the government of the United States, its agencies or instrumen-
16       talities shall contract for the erection, repair, or enlargement of any build-
17       ing or other project, it shall obtain from the state and furnish to the
18       contractor an exemption certificate for the project involved, and the con-
19       tractor may purchase materials for incorporation in such project. The
20       contractor shall furnish the number of such certificates to all suppliers
21       from whom such purchases are made, and such suppliers shall execute
22       invoices covering the same bearing the number of such certificate. Upon
23       completion of the project the contractor shall furnish to the government
24       of the United States, its agencies or instrumentalities concerned a sworn
25       statement, on a form to be provided by the director of taxation, that all
26       purchases so made were entitled to exemption under this subsection. As
27       an alternative to the foregoing procedure, any such contracting entity may
28       apply to the secretary of revenue for agent status for the sole purpose of
29       issuing and furnishing project exemption certificates to contractors pur-
30       suant to rules and regulations adopted by the secretary establishing con-
31       ditions and standards for the granting and maintaining of such status. All
32       invoices shall be held by the contractor for a period of five years and shall
33       be subject to audit by the director of taxation. Any contractor or any agent,
34       employee or subcontractor thereof, who shall use or otherwise dispose of
35       any materials purchased under such a certificate for any purpose other
36       than that for which such a certificate is issued without the payment of
37       the sales or compensating tax otherwise imposed upon such materials,
38       shall be guilty of a misdemeanor and, upon conviction therefor, shall be
39       subject to the penalties provided for in subsection (g) of K.S.A. 79-3615,
40       and amendments thereto;
41             (f) tangible personal property purchased by a railroad or public utility
42       for consumption or movement directly and immediately in interstate
43       commerce;


28

  1             (g) sales of aircraft including remanufactured and modified aircraft,
  2       sales of aircraft repair, modification and replacement parts and sales of
  3       services employed in the remanufacture, modification and repair of air-
  4       craft sold to persons using directly or through an authorized agent such
  5       aircraft and aircraft repair, modification and replacement parts as certified
  6       or licensed carriers of persons or property in interstate or foreign com-
  7       merce under authority of the laws of the United States or any foreign
  8       government or sold to any foreign government or agency or instrumen-
  9       tality of such foreign government and all sales of aircraft, aircraft parts,
10       replacement parts and services employed in the remanufacture, modifi-
11       cation and repair of aircraft for use outside of the United States;
12             (h) all rentals of nonsectarian textbooks by public or private elemen-
13       tary or secondary schools;
14             (i) the lease or rental of all films, records, tapes, or any type of sound
15       or picture transcriptions used by motion picture exhibitors;
16             (j) meals served without charge or food used in the preparation of
17       such meals to employees of any restaurant, eating house, dining car, hotel,
18       drugstore or other place where meals or drinks are regularly sold to the
19       public if such employees' duties are related to the furnishing or sale of
20       such meals or drinks;
21             (k) any motor vehicle, semitrailer or pole trailer, as such terms are
22       defined by K.S.A. 8-126, and amendments thereto, or aircraft sold and
23       delivered in this state to a bona fide resident of another state, which motor
24       vehicle, semitrailer, pole trailer or aircraft is not to be registered or based
25       in this state and which vehicle, semitrailer, pole trailer or aircraft will not
26       remain in this state more than 10 days;
27             (l) all isolated or occasional sales of tangible personal property, serv-
28       ices, substances or things, except isolated or occasional sale of motor
29       vehicles specifically taxed under the provisions of subsection (o) of K.S.A.
30       79-3603, and amendments thereto;
31             (m) all sales of tangible personal property which become an ingre-
32       dient or component part of tangible personal property or services pro-
33       duced, manufactured or compounded for ultimate sale at retail within or
34       without the state of Kansas; and any such producer, manufacturer or
35       compounder may obtain from the director of taxation and furnish to the
36       supplier an exemption certificate number for tangible personal property
37       for use as an ingredient or component part of the property or services
38       produced, manufactured or compounded;
39             (n) all sales of tangible personal property which is consumed in the
40       production, manufacture, processing, mining, drilling, refining or com-
41       pounding of tangible personal property, the treating of by-products or
42       wastes derived from any such production process, the providing of serv-
43       ices or the irrigation of crops for ultimate sale at retail within or without


29

  1       the state of Kansas; and any purchaser of such property may obtain from
  2       the director of taxation and furnish to the supplier an exemption certifi-
  3       cate number for tangible personal property for consumption in such pro-
  4       duction, manufacture, processing, mining, drilling, refining, compound-
  5       ing, treating, irrigation and in providing such services;
  6             (o) all sales of animals, fowl and aquatic plants and animals, the pri-
  7       mary purpose of which is use in agriculture or aquaculture, as defined in
  8       K.S.A. 47-1901, and amendments thereto, the production of food for
  9       human consumption, the production of animal, dairy, poultry or aquatic
10       plant and animal products, fiber or fur, or the production of offspring for
11       use for any such purpose or purposes;
12             (p) all sales of drugs, as defined by K.S.A. 65-1626, and amendments
13       thereto, dispensed pursuant to a prescription order, as defined by K.S.A.
14       65-1626, and amendments thereto, by a licensed practitioner;
15             (q) all sales of insulin dispensed by a person licensed by the state
16       board of pharmacy to a person for treatment of diabetes at the direction
17       of a person licensed to practice medicine by the board of healing arts;
18             (r) all sales of prosthetic and orthopedic appliances prescribed in
19       writing by a person licensed to practice the healing arts, dentistry or
20       optometry. For the purposes of this subsection, the term prosthetic and
21       orthopedic appliances means any apparatus, instrument, device, or equip-
22       ment used to replace or substitute for any missing part of the body; used
23       to alleviate the malfunction of any part of the body; or used to assist any
24       disabled person in leading a normal life by facilitating such person's mo-
25       bility; such term shall include accessories attached or to be attached to
26       motor vehicles, but such term shall not include motor vehicles or personal
27       property which when installed becomes a fixture to real property;
28             (s) all sales of tangible personal property or services purchased di-
29       rectly by a groundwater management district organized or operating un-
30       der the authority of K.S.A. 82a-1020 et seq., and amendments thereto,
31       which property or services are used in the operation or maintenance of
32       the district;
33             (t) all sales of farm machinery and equipment or aquaculture ma-
34       chinery and equipment, repair and replacement parts therefor and serv-
35       ices performed in the repair and maintenance of such machinery and
36       equipment. For the purposes of this subsection the term ``farm machinery
37       and equipment or aquaculture machinery and equipment'' shall include
38       machinery and equipment used in the operation of Christmas tree farm-
39       ing but shall not include any passenger vehicle, truck, truck tractor, trailer,
40       semitrailer or pole trailer, other than a farm trailer, as such terms are
41       defined by K.S.A. 8-126, and amendments thereto. Each purchaser of
42       farm machinery and equipment or aquaculture machinery and equipment
43       exempted herein must certify in writing on the copy of the invoice or


30

  1       sales ticket to be retained by the seller that the farm machinery and
  2       equipment or aquaculture machinery and equipment purchased will be
  3       used only in farming, ranching or aquaculture production. Farming or
  4       ranching shall include the operation of a feedlot and farm and ranch work
  5       for hire and the operation of a nursery;
  6             (u) all leases or rentals of tangible personal property used as a dwell-
  7       ing if such tangible personal property is leased or rented for a period of
  8       more than 28 consecutive days;
  9             (v) all sales of food products to any contractor for use in preparing
10       meals for delivery to homebound elderly persons over 60 years of age and
11       to homebound disabled persons or to be served at a group-sitting at a
12       location outside of the home to otherwise homebound elderly persons
13       over 60 years of age and to otherwise homebound disabled persons, as
14       all or part of any food service project funded in whole or in part by
15       government or as part of a private nonprofit food service project available
16       to all such elderly or disabled persons residing within an area of service
17       designated by the private nonprofit organization, and all sales of food
18       products for use in preparing meals for consumption by indigent or home-
19       less individuals whether or not such meals are consumed at a place des-
20       ignated for such purpose;
21             (w) all sales of natural gas, electricity, heat and water delivered
22       through mains, lines or pipes: (1) To residential premises for noncom-
23       mercial use by the occupant of such premises; (2) for agricultural use and
24       also, for such use, all sales of propane gas; (3) for use in the severing of
25       oil; and (4) to any property which is exempt from property taxation pur-
26       suant to K.S.A. 79-201b Second through Sixth, and amendments thereto.
27       As used in this paragraph, ``severing'' shall have the meaning ascribed
28       thereto by subsection (k) of K.S.A. 79-4216, and amendments thereto;
29             (x) all sales of propane gas, LP-gas, coal, wood and other fuel sources
30       for the production of heat or lighting for noncommercial use of an oc-
31       cupant of residential premises;
32             (y) all sales of materials and services used in the repairing, servicing,
33       altering, maintaining, manufacturing, remanufacturing, or modification of
34       railroad rolling stock for use in interstate or foreign commerce under
35       authority of the laws of the United States;
36             (z) all sales of tangible personal property and services purchased di-
37       rectly by a port authority or by a contractor therefor as provided by the
38       provisions of K.S.A. 12-3418, and amendments thereto;
39             (aa) all sales of materials and services applied to equipment which is
40       transported into the state from without the state for repair, service, al-
41       teration, maintenance, remanufacture or modification and which is sub-
42       sequently transported outside the state for use in the transmission of
43       liquids or natural gas by means of pipeline in interstate or foreign com-


31

  1       merce under authority of the laws of the United States;
  2             (bb) all sales of used mobile homes or manufactured homes. As used
  3       in this subsection: (1) ``Mobile homes'' and ``manufactured homes'' shall
  4       have the meanings ascribed thereto by K.S.A. 58-4202, and amendments
  5       thereto; and (2) ``sales of used mobile homes or manufactured homes''
  6       means sales other than the original retail sale thereof;
  7             (cc) all sales of tangible personal property or services purchased for
  8       the purpose of and in conjunction with constructing, reconstructing, en-
  9       larging or remodeling a business or retail business which meets the
10       requirements established in K.S.A. 74-50,115, and amendments thereto,
11       and the sale and installation of machinery and equipment purchased for
12       installation at any such business or retail business. When a person shall
13       contract for the construction, reconstruction, enlargement or remodeling
14       of any such business or retail business, such person shall obtain from the
15       state and furnish to the contractor an exemption certificate for the project
16       involved, and the contractor may purchase materials, machinery and
17       equipment for incorporation in such project. The contractor shall furnish
18       the number of such certificates to all suppliers from whom such purchases
19       are made, and such suppliers shall execute invoices covering the same
20       bearing the number of such certificate. Upon completion of the project
21       the contractor shall furnish to the owner of the business or retail business
22       a sworn statement, on a form to be provided by the director of taxation,
23       that all purchases so made were entitled to exemption under this subsec-
24       tion. All invoices shall be held by the contractor for a period of five years
25       and shall be subject to audit by the director of taxation. Any contractor
26       or any agent, employee or subcontractor thereof, who shall use or oth-
27       erwise dispose of any materials, machinery or equipment purchased un-
28       der such a certificate for any purpose other than that for which such a
29       certificate is issued without the payment of the sales or compensating tax
30       otherwise imposed thereon, shall be guilty of a misdemeanor and, upon
31       conviction therefor, shall be subject to the penalties provided for in sub-
32       section (g) of K.S.A. 79-3615, and amendments thereto. As used in this
33       subsection, ``business'' and ``retail business'' have the meanings respec-
34       tively ascribed thereto by K.S.A. 74-50,114, and amendments thereto;
35             (dd) all sales of tangible personal property purchased with food
36       stamps issued by the United States department of agriculture;
37             (ee) all sales of lottery tickets and shares made as part of a lottery
38       operated by the state of Kansas;
39             (ff) on and after July 1, 1988, all sales of new mobile homes or man-
40       ufactured homes to the extent of 40% of the gross receipts, determined
41       without regard to any trade-in allowance, received from such sale. As used
42       in this subsection, ``mobile homes'' and ``manufactured homes'' shall have
43       the meanings ascribed thereto by K.S.A. 58-4202, and amendments


32

  1       thereto;
  2             (gg) all sales of tangible personal property purchased in accordance
  3       with vouchers issued pursuant to the federal special supplemental food
  4       program for women, infants and children;
  5             (hh) all sales of medical supplies and equipment purchased directly
  6       by a nonprofit skilled nursing home or nonprofit intermediate nursing
  7       care home, as defined by K.S.A. 39-923, and amendments thereto, for
  8       the purpose of providing medical services to residents thereof. This ex-
  9       emption shall not apply to tangible personal property customarily used
10       for human habitation purposes;
11             (ii) all sales of tangible personal property purchased directly by a non-
12       profit organization for nonsectarian comprehensive multidiscipline youth
13       development programs and activities provided or sponsored by such or-
14       ganization, and all sales of tangible personal property by or on behalf of
15       any such organization. This exemption shall not apply to tangible personal
16       property customarily used for human habitation purposes;
17             (jj) all sales of tangible personal property or services, including the
18       renting and leasing of tangible personal property, purchased directly on
19       behalf of a community-based mental retardation facility or mental health
20       center organized pursuant to K.S.A. 19-4001 et seq., and amendments
21       thereto, and licensed in accordance with the provisions of K.S.A. 75-
22       3307b, and amendments thereto. This exemption shall not apply to tan-
23       gible personal property customarily used for human habitation purposes;
24             (kk) on and after January 1, 1989, all sales of machinery and equip-
25       ment used directly and primarily for the purposes of manufacturing, as-
26       sembling, processing, finishing, storing, warehousing or distributing ar-
27       ticles of tangible personal property in this state intended for resale by a
28       manufacturing or processing plant or facility or a storage, warehousing or
29       distribution facility, and all sales of repair and replacement parts and
30       accessories purchased for such machinery and equipment:
31             (1) For purposes of this subsection, machinery and equipment shall
32       be deemed to be used directly and primarily in the manufacture, assem-
33       blage, processing, finishing, storing, warehousing or distributing of tan-
34       gible personal property where such machinery and equipment is used
35       during a manufacturing, assembling, processing or finishing, storing,
36       warehousing or distributing operation:
37             (A) To effect a direct and immediate physical change upon the tan-
38       gible personal property;
39             (B) to guide or measure a direct and immediate physical change upon
40       such property where such function is an integral and essential part of
41       tuning, verifying or aligning the component parts of such property;
42             (C) to test or measure such property where such function is an in-
43       tegral part of the production flow or function;


33

  1             (D) to transport, convey or handle such property during the manu-
  2       facturing, processing, storing, warehousing or distribution operation at
  3       the plant or facility; or
  4             (E) to place such property in the container, package or wrapping in
  5       which such property is normally sold or transported.
  6             (2)  For purposes of this subsection ``machinery and equipment used
  7       directly and primarily'' shall include, but not be limited to:
  8             (A) Mechanical machines or components thereof contributing to a
  9       manufacturing, assembling or finishing process;
10             (B) molds and dies that determine the physical characteristics of the
11       finished product or its packaging material;
12             (C) testing equipment to determine the quality of the finished
13       product;
14             (D) computers and related peripheral equipment that directly control
15       or measure the manufacturing process or which are utilized for engi-
16       neering of the finished product; and
17             (E) computers and related peripheral equipment utilized for research
18       and development and product design.
19             (3) ``Machinery and equipment used directly and primarily'' shall not
20       include:
21             (A) Hand tools;
22             (B) machinery, equipment and tools used in maintaining and repair-
23       ing any type of machinery and equipment;
24             (C) transportation equipment not used in the manufacturing, assem-
25       bling, processing, furnishing, storing, warehousing or distributing process
26       at the plant or facility;
27             (D) office machines and equipment including computers and related
28       peripheral equipment not directly and primarily used in controlling or
29       measuring the manufacturing process;
30             (E) furniture and buildings; and
31             (F) machinery and equipment used in administrative, accounting,
32       sales or other such activities of the business;
33             (4) for purposes of this subsection, ``repair and replacement parts and
34       accessories'' means all parts and accessories for exempt machinery and
35       equipment, including but not limited to dies, jigs, molds, and patterns
36       which are attached to exempt machinery or which are otherwise used in
37       production, short-lived replaceable parts that can be readily detached
38       from exempt machinery or equipment, such as belts, drill bits, grinding
39       wheels, cutting bars and saws, and other replacement parts for production
40       equipment, including refractory brick and other refractory items for kiln
41       equipment used in production operations;
42             (ll) all sales of educational materials purchased for distribution to the
43       public at no charge by a nonprofit corporation organized for the purpose


34

  1       of encouraging, fostering and conducting programs for the improvement
  2       of public health;
  3             (mm) all sales of seeds and tree seedlings; fertilizers, insecticides,
  4       herbicides, germicides, pesticides and fungicides; and services, purchased
  5       and used for the purpose of producing plants in order to prevent soil
  6       erosion on land devoted to agricultural use;
  7             (nn) except as otherwise provided in this act, all sales of services ren-
  8       dered by an advertising agency or licensed broadcast station or any mem-
  9       ber, agent or employee thereof;
10             (oo) all sales of tangible personal property purchased by a community
11       action group or agency for the exclusive purpose of repairing or weath-
12       erizing housing occupied by low income individuals;
13             (pp) all sales of drill bits and explosives actually utilized in the explo-
14       ration and production of oil or gas;
15             (qq) all sales of tangible personal property and services purchased by
16       a nonprofit museum or historical society or any combination thereof, in-
17       cluding a nonprofit organization which is organized for the purpose of
18       stimulating public interest in the exploration of space by providing edu-
19       cational information, exhibits and experiences, which is exempt from fed-
20       eral income taxation pursuant to section 501(c)(3) of the federal internal
21       revenue code of 1986;
22             (rr) all sales of tangible personal property which will admit the pur-
23       chaser thereof to any annual event sponsored by a nonprofit organization
24       which is exempt from federal income taxation pursuant to section
25       501(c)(3) of the federal internal revenue code of 1986;
26             (ss) all sales of tangible personal property and services purchased by
27       a public broadcasting station licensed by the federal communications
28       commission as a noncommercial educational television or radio station;
29             (tt) all sales of tangible personal property and services purchased by
30       or on behalf of a not-for-profit corporation which is exempt from federal
31       income taxation pursuant to section 501(c)(3) of the federal internal rev-
32       enue code of 1986, for the sole purpose of constructing a Kansas Korean
33       War memorial;
34             (uu) all sales of tangible personal property and services purchased by
35       or on behalf of any rural volunteer fire-fighting organization for use ex-
36       clusively in the performance of its duties and functions;
37             (vv) all sales of tangible personal property purchased by any of the
38       following organizations which are exempt from federal income taxation
39       pursuant to section 501 (c)(3) of the federal internal revenue code of
40       1986, for the following purposes, and all sales of any such property by or
41       on behalf of any such organization for any such purpose:
42             (1) The American Heart Association, Kansas Affiliate, Inc. for the
43       purposes of providing education, training, certification in emergency car-


35

  1       diac care, research and other related services to reduce disability and
  2       death from cardiovascular diseases and stroke;
  3             (2) the Kansas Alliance for the Mentally Ill, Inc. for the purpose of
  4       advocacy for persons with mental illness and to education, research and
  5       support for their families;
  6             (3) the Kansas Mental Illness Awareness Council for the purposes of
  7       advocacy for persons who are mentally ill and to education, research and
  8       support for them and their families;
  9             (4) the American Diabetes Association Kansas Affiliate, Inc. for the
10       purpose of eliminating diabetes through medical research, public edu-
11       cation focusing on disease prevention and education, patient education
12       including information on coping with diabetes, and professional education
13       and training;
14             (5) the American Lung Association of Kansas, Inc. for the purpose of
15       eliminating all lung diseases through medical research, public education
16       including information on coping with lung diseases, professional educa-
17       tion and training related to lung disease and other related services to
18       reduce the incidence of disability and death due to lung disease;
19             (6) the Kansas chapters of the Alzheimer's Disease and Related Dis-
20       orders Association, Inc. for the purpose of providing assistance and sup-
21       port to persons in Kansas with Alzheimer's disease, and their families and
22       caregivers; and
23             (ww) all sales of tangible personal property purchased by the Habitat
24       for Humanity for the exclusive use of being incorporated within a housing
25       project constructed by such organization.
26             (xx) all sales of tangible personal property and services purchased by
27       a nonprofit zoo which is exempt from federal income taxation pursuant
28       to section 501(c)(3) of the federal internal revenue code of 1986, or on
29       behalf of such zoo by an entity itself exempt from federal income taxation
30       pursuant to section 50 501 (c)(3) of the federal internal revenue code of
31       1986 contracted with to operate such zoo and all sales of tangible personal
32       property or services purchased by a contractor for the purpose of con-
33       structing, equipping, reconstructing, maintaining, repairing, enlarging,
34       furnishing or remodeling facilities for any nonprofit zoo which would be
35       exempt from taxation under the provisions of this section if purchased
36       directly by such nonprofit zoo or the entity operating such zoo. Nothing
37       in this subsection shall be deemed to exempt the purchase of any con-
38       struction machinery, equipment or tools used in the constructing, equip-
39       ping, reconstructing, maintaining, repairing, enlarging, furnishing or re-
40       modeling facilities for any nonprofit zoo. When any nonprofit zoo shall
41       contract for the purpose of constructing, equipping, reconstructing, main-
42       taining, repairing, enlarging, furnishing or remodeling facilities, it shall
43       obtain from the state and furnish to the contractor an exemption certifi-


36

  1       cate for the project involved, and the contractor may purchase materials
  2       for incorporation in such project. The contractor shall furnish the number
  3       of such certificate to all suppliers from whom such purchases are made,
  4       and such suppliers shall execute invoices covering the same bearing the
  5       number of such certificate. Upon completion of the project the contractor
  6       shall furnish to the nonprofit zoo concerned a sworn statement, on a form
  7       to be provided by the director of taxation, that all purchases so made were
  8       entitled to exemption under this subsection. All invoices shall be held by
  9       the contractor for a period of five years and shall be subject to audit by
10       the director of taxation. If any materials purchased under such a certifi-
11       cate are found not to have been incorporated in the building or other
12       project or not to have been returned for credit or the sales or compen-
13       sating tax otherwise imposed upon such materials which will not be so
14       incorporated in the building or other project reported and paid by such
15       contractor to the director of taxation not later than the 20th day of the
16       month following the close of the month in which it shall be determined
17       that such materials will not be used for the purpose for which such cer-
18       tificate was issued, the nonprofit zoo concerned shall be liable for tax on
19       all materials purchased for the project, and upon payment thereof it may
20       recover the same from the contractor together with reasonable attorney
21       fees. Any contractor or any agent, employee or subcontractor thereof,
22       who shall use or otherwise dispose of any materials purchased under such
23       a certificate for any purpose other than that for which such a certificate
24       is issued without the payment of the sales or compensating tax otherwise
25       imposed upon such materials, shall be guilty of a misdemeanor and, upon
26       conviction therefor, shall be subject to the penalties provided for in sub-
27       section (g) of K.S.A. 79-3615, and amendments thereto;
28             (yy) all sales of tangible personal property and services purchased by
29       a parent-teacher association or organization, and all sales of tangible per-
30       sonal property by or on behalf of such association or organization;
31             (zz) all sales of machinery and equipment purchased by over-the-air,
32       free access radio or television station which is used directly and primarily
33       for the purpose of producing a broadcast signal or is such that the failure
34       of the machinery or equipment to operate would cause broadcasting to
35       cease. For purposes of this subsection, machinery and equipment shall
36       include, but not be limited to, that required by rules and regulations of
37       the federal communications commission, and all sales of electricity which
38       are essential or necessary for the purpose of producing a broadcast signal
39       or is such that the failure of the electricity would cause broadcasting to
40       cease;
41             (aaa) all sales of tangible personal property and services purchased
42       by a religious organization which is exempt from federal income taxation
43       pursuant to section 501 (c)(3) of the federal internal revenue code, and


37

  1       used exclusively for religious purposes; and
  2             (bbb) all sales of food for human consumption by an organization
  3       which is exempt from federal income taxation pursuant to section 501
  4       (c)(3) of the federal internal revenue code of 1986, pursuant to a food
  5       distribution program which offers such food at a price below cost in
  6       exchange for the performance of community service by the purchaser
  7       thereof.; and
  8             (ccc) all sales of bingo cards, bingo faces and instant bingo tickets by
  9       licensees operators under the bingo act.
10             Sec.  17. K.S.A. 79-4701, 79-4703, 79-4704, 79-4705, 79-4705a, 79-
11       4706, 79-4707, 79-4708, 79-4710, 79-4711, 79-4712a, 79-4713 and 79-
12       4714 and K.S.A. 1998 Supp. 79-3606 are hereby repealed.
13             Sec.  19. 18. K.S.A. 74-8711 is hereby amended to read as fol-
14       lows: 74-8711. (a) There is hereby established in the state treasury
15       the lottery operating fund.
16             (b) The executive director shall remit at least weekly to the state
17       treasurer all moneys collected from the sale of lottery tickets and
18       shares and any other moneys received by or on behalf of the Kansas
19       lottery. Upon receipt of any such remittance, the state treasurer
20       shall deposit the entire amount thereof in the state treasury and
21       credit it to the lottery operating fund. Moneys credited to the fund
22       shall be expended or transferred only as provided by this act. Ex-
23       penditures from such fund shall be made in accordance with ap-
24       propriations acts upon warrants of the director of accounts and
25       reports issued pursuant to vouchers approved by the executive di-
26       rector or by a person designated by the executive director.
27             (c) Moneys in the lottery operating fund shall be used for:
28             (1) The payment of expenses of the lottery, which shall include
29       all costs incurred in the operation and administration of the Kansas
30       lottery; all costs resulting from contracts entered into for the pur-
31       chase or lease of goods and services needed for operation of the
32       lottery, including but not limited to supplies, materials, tickets, in-
33       dependent studies and surveys, data transmission, advertising,
34       printing, promotion, incentives, public relations, communications,
35       and distribution of tickets and shares; and reimbursement of costs
36       of facilities and services provided by other state agencies;
37             (2) the payment of compensation to lottery retailers;
38             (3) transfers of moneys to the lottery prize payment fund pur-
39       suant to K.S.A. 74-8712, and amendments thereto;
40             (4) transfers to the state general fund pursuant to K.S.A. 74-
41       8713, and amendments thereto;
42             (5) transfers to the state gaming revenues fund pursuant to sub-
43       section (d) of this section and as otherwise provided by law; and


38

  1             (6) the transfers to the county reappraisal fund as prescribed
  2       by law.
  3             (d) The director of accounts and reports shall transfer moneys
  4       in the lottery operating fund to the state gaming revenues fund cre-
  5       ated by K.S.A. 79-4801, and amendments thereto, on or before the
  6       15th day of each month, for fiscal years commencing on or after July 1,
  7       1988 in an amount certified monthly by the executive director and
  8       determined as follows, whichever is greater:
  9             (1) In An amount equal to the moneys in the lottery operating
10       fund in excess of those needed for the purposes described in sub-
11       sections (c)(1) through (c)(4); or
12             (2) except for pull-tab lottery tickets and shares, an amount equal
13       to not less than 30% of total monthly revenues from the sales of
14       lottery tickets and shares less estimated returned tickets. In the case
15       of pull-tab lottery tickets and shares, an amount equal to not less than
16       20% of the total monthly revenues from the sales of pull-tab lottery tickets
17       and shares less estimated returned tickets.
18             Sec.  20. 19.  K.S.A. 74-8712 is hereby amended to read as fol-
19       lows: 74-8712. (a) There is hereby established in the state treasury
20       the lottery prize payment fund.
21             (b) The executive director shall certify periodically to the di-
22       rector of accounts and reports such amounts as the executive direc-
23       tor determines necessary to pay prizes to the holders of valid win-
24       ning lottery tickets or shares or for the purchase of nonmonetary prizes.
25       Upon receipt of such certification, the director of accounts and re-
26       ports shall promptly transfer the amount certified from the lottery
27       operating fund to the lottery prize payment fund. Moneys credited
28       to the fund shall be expended only for the:
29             (1) The payment of prizes to the holders of valid winning lottery
30       tickets or shares, for;
31             (2) the reimbursement of retailers who have paid holders of win-
32       ning tickets or shares or;
33             (3) the purchase of nonmonetary prizes; or
34             (4) as purposes otherwise specifically authorized by law.
35             (c) Prior to making any expenditure for reimbursement of a re-
36       tailer or payment of a prize of $50 or more, the executive director
37       shall cause all proposed prize payments to be matched against the
38       state debtor files maintained by the director of accounts and reports
39       and shall certify and pay or deliver any matched prize or the cash
40       amount thereof to the director of accounts and reports for setoff as
41       prescribed under K.S.A. 75-6201 et seq., and amendments thereto.
42             (d) Expenditures from such the lottery prize payment fund shall
43       be made in accordance with appropriations acts upon warrants of


39

  1       the director of accounts and reports, or a person designated by the
  2       director of accounts and reports pursuant to K.S.A. 75-3732, and
  3       amendments thereto, issued pursuant to vouchers approved by the
  4       executive director, or a person designated by the executive director.
  5             Sec.  21. 20. K.S.A. 74-8720 is hereby amended to read as fol-
  6       lows: 74-8720. (a) As nearly as practical, an amount equal to not
  7       less than 45% of the total sales of lottery tickets or shares, computed
  8       on an annual basis, shall be allocated for payment of lottery prizes.
  9             (b) The prize to be paid or awarded for each winning ticket or
10       share shall be paid to one natural person who is adjudged by the
11       executive director, the director's designee or the retailer paying the
12       prize, to be the holder of such winning ticket or share, or the person
13       designated in writing by the holder of the winning ticket or share
14       on a form satisfactory to the executive director, except that the prize
15       of a deceased winner shall be paid to the duly appointed represen-
16       tative of the estate of such winner or to such other person or persons
17       appearing to be legally entitled thereto.
18             (c) The executive director shall award the designated prize to
19       the holder of the ticket or share upon the validation of a claim or
20       confirmation of a winning share. The executive director shall have
21       the authority to make payment for prizes by any means deemed
22       appropriate upon the validation of winning tickets or shares.
23             (d) The right of a person to a prize drawn or awarded is not
24       assignable.
25             (e) All prizes awarded shall be taxed as Kansas source income
26       and shall be subject to all state and federal income tax laws and
27       rules and regulations. State income taxes shall be withheld from
28       prizes paid whenever federal income taxes are required to be with-
29       held under current federal law.
30             (f)  (1) Unclaimed prize money not payable directly by lottery
31       retailers shall be retained for the period established by rules and
32       regulations and. Except as provided by paragraph (2), if no claim is
33       made within such period, then such unclaimed prize money shall be
34       added to the prize pools of subsequent lottery games.
35             (2) An amount equal to the greater of $60,000 or 2% of the unclaimed
36       prize money shall be used to fund grants awarded pursuant to section 21,
37       and amendments thereto, for the treatment of problem or compulsive
38       gamblers and grants to conduct studies on the effects of gambling.
39             (g) The state of Kansas, members of the commission and em-
40       ployees of the Kansas lottery shall be discharged of all further lia-
41       bility upon payment of a prize pursuant to this section.
42             (h) The Kansas lottery shall not publicly disclose the identity of
43       any person awarded a prize except upon written authorization of


40

  1       such person.
  2             New Sec.  22. (a) The executive director shall develop and ad-
  3       minister a competitive grant program for the treatment of problem
  4       or compulsive gamblers and conduct studies on the effects of gam-
  5       bling in Kansas. At least annually, the executive director shall de-
  6       termine the amount of moneys available for grants. The executive
  7       director shall issue requests for proposals for grant awards in ac-
  8       cordance with the provisions of this section.
  9             (b) In issuing requests for proposals and making such grants,
10       the executive director shall encourage proposals for new or creative
11       programs or activities in addition to established or current pro-
12       grams or activities.
13             (c) In addition to other criteria prescribed by the executive di-
14       rector, the executive director shall require each proposal for a grant
15       to demonstrate that the proposal has been developed with substan-
16       tial and effective collaboration and coordination between the ap-
17       plicant and the public and private organizations in the community
18       that are directly involved or otherwise recognized as interested in
19       the treatment of problem or compulsive gamblers or the study of
20       the effects of gambling, including but not limited to community
21       mental health centers and organizations and public health and so-
22       cial services agencies.
23        New Sec.  21. [20.] (a) There is hereby established in the state
24       treasury the problem gambling grant fund. All moneys credited to
25       such fund shall be used only for the awarding of grants under this
26       section. Such fund shall be administered in accordance with this
27       section and the provisions of appropriation acts.
28             (b) All expenditures from the problem gambling grant fund shall
29       be made in accordance with appropriation acts upon warrants of
30       the director of accounts and reports issued pursuant to vouchers
31       approved in the manner prescribed by law.
32             (c) There is hereby established a state grant program to provide
33       assistance for the direct treatment of persons diagnosed as suffering
34       from pathological gambling and to provide funding for research
35       regarding the impact of gambling on residents of Kansas. Research
36       grants awarded under this section may include, but need not be
37       limited to, grants for determining the effectiveness of education and
38       prevention efforts on the prevalence of pathological gambling in
39       Kansas. All grants shall be made after open solicitation of proposals
40       and evaluation of proposals against criteria established in rules and
41       regulations adopted by the secretary of the department of social
42       and rehabilitation services. Both public and private entities shall
43       be eligible to apply for and receive grants under the provisions of


41

  1       this section.
  2             (d) The secretary of the department of social and rehabilitation
  3       services is hereby authorized to receive moneys from any grants,
  4       gifts, contributions or bequests made for the purpose of funding
  5       grants under this section and to expend such moneys for the purpose
  6       for which received.
  7             (e) All grants made in accordance with this section shall be
  8       made from the problem gambling grant fund. The secretary shall
  9       administer the provisions of this section and shall adopt rules and
10       regulations establishing criteria for qualification to receive grants
11       and such other matters deemed necessary by the secretary for the
12       administration of this section. Such rules and regulations shall in-
13       clude, but need not be limited to, a requirement that each recipient
14       of a grant to provide treatment for pathological gamblers report at
15       least annually to the secretary the grantee's measurable achieve-
16       ment of specific outcome goals.
17             (f) For the purpose of this section ``pathological gambling''
18       means the disorder by that name described in the most recent edi-
19       tion of the diagnostic and statistical manual.
20             Sec.  23. 22. [21.] K.S.A. 1998 1999 Supp. 74-8836 is hereby
21       amended to read as follows: 74-8836. (a) Any organization licensee
22       that conducts at least 150 days of live racing during a calendar year
23       or a fair association that conducts fewer than 22 days of live racing
24       during a calendar year may apply to the commission for a simul-
25       casting license to display simulcast horse or greyhound races and
26       to conduct intertrack parimutuel wagering thereon. If the organi-
27       zation licensee conducts races at a racetrack facility that is owned
28       by a facility owner licensee, both licensees shall join in the appli-
29       cation. A simulcasting license granted to a fair association that con-
30       ducts fewer than 22 days of live racing shall restrict the fair asso-
31       ciation's display of simulcast races to a number of days, including
32       days on which it conducts live races, equal to not more than twice
33       the number of days on which it conducts live races.
34             (b)  (1) A simulcasting license granted to an organization li-
35       censee other than a fair association shall authorize the display of
36       simulcast races at the racetrack facility where the live races are
37       conducted so long as the licensee conducts at least eight live races
38       per day and an average of 10 live races per day per week. If a
39       simulcasting licensee conducts live horse races on a day when si-
40       mulcast races are displayed by the licensee and the licensee con-
41       ducts fewer than an average of 10 live horse races per day per week,
42       not less than 80% of the races on which wagers are taken by the
43       licensee during such week shall be live races conducted by the li-


42

  1       censee unless approved by the recognized horsemen's group or upon
  2       a finding by the commission that the organization licensee was un-
  3       able to do so for reasonable cause. If a simulcast licensee conducts
  4       live greyhound races on a day when simulcast races are displayed
  5       by the licensee and the licensee schedules fewer than 13 live grey-
  6       hound races during a performance on such day, not less than 80%
  7       of the races on which wagers are taken by the licensee during such
  8       performance shall be live races conducted by the licensee.
  9             (2) A simulcasting license granted to a fair association shall au-
10       thorize the display of simulcast races at the racetrack facility where
11       the races are conducted only if live races are scheduled for two or
12       more days of the same calendar week, except that the licensee may
13       conduct simulcast races in the week immediately before and im-
14       mediately after a live meeting if the total number of days on which
15       simulcast races are displayed does not exceed the total authorized
16       in subsection (a). In no case shall the live meet or simulcast races
17       allowed under this subsection exceed 10 consecutive weeks. For
18       purposes of this subsection, a calendar week shall be measured from
19       Monday through the following Sunday.
20             (3) Notwithstanding the provisions of subsection (a), (b)(1) or
21       (b)(2), a fair association may apply to the commission for not more
22       than five additional days of simulcasting of special events. In ad-
23       dition, the commission may authorize a fair association to display
24       additional simulcast races but, if such fair association is less than
25       100 miles from an organization licensee that is not a fair associa-
26       tion, it must also shall secure written consent from that organization
27       licensee.
28             (4) Notwithstanding the provisions of subsection (b)(1), if an
29       emergency causes the cancellation of all or any live races scheduled
30       for a day or performance by a simulcasting licensee, the commission
31       or the commission's designee may authorize the licensee to display
32       any simulcast races previously scheduled for such day or
33       performance.
34             (5) Notwithstanding the provisions of subsection (b)(1), the
35       commission may authorize the licensee to display simulcast special
36       racing events as designated by the commission.
37             (c) The application for a simulcasting license shall be filed with
38       the commission at a time and place prescribed by rules and regu-
39       lations of the commission. The application shall be in a form and
40       include such information as the commission prescribes.
41             (d) To qualify for a simulcasting license the applicant shall:
42             (1) Comply with the interstate horse racing act of 1978 (15
43       U.S.C. 3001 et seq.) as in effect December 31, 1991;


43

  1             (2) submit with the application a written approval of the pro-
  2       posed simulcasting schedule signed by: (A) The recognized horse-
  3       men's group for the track, if the applicant is licensed to conduct
  4       only horse races; (B) the recognized greyhound owners' group, if
  5       the applicant is licensed to conduct only greyhound races and only
  6       greyhound races are to be simulcast; (C) both the recognized grey-
  7       hound owners' group and a recognized horsemen's group, if the ap-
  8       plicant is licensed to conduct only greyhound races and horse races
  9       are to be simulcast; (D) the recognized greyhound owners' group,
10       if the applicant is licensed to conduct both greyhound and horse
11       races, only greyhound races are to be simulcast and races are to be
12       simulcast only while the applicant is conducting live greyhound
13       races; (E) the recognized horsemen's group for the track, if the ap-
14       plicant is licensed to conduct both greyhound and horse races, only
15       horse races are to be simulcast and races are to be simulcast only
16       while the applicant is conducting live horse races; or (F) both the
17       recognized greyhound owners' group and the recognized horse-
18       men's group for the track, if the applicant is licensed to conduct
19       both greyhound races and horse races and horse races are to be
20       simulcast while the applicant is conducting live greyhound races or
21       greyhound races are to be simulcast while the applicant is con-
22       ducting live horse races; and
23             (3) submit, in accordance with rules and regulations of the com-
24       mission and before the simulcasting of a race, a written copy of each
25       contract or agreement which the applicant proposes to enter into
26       with regard to such race, and any proposed modification of any such
27       contract or agreement.
28             (e) The term of a simulcasting license shall be one year.
29             (f) A simulcasting licensee may apply to the commission or its
30       designee for changes in the licensee's approved simulcasting sched-
31       ule if such changes are approved by the respective recognized grey-
32       hound owners' group or recognized horsemen's group needed
33       throughout the term of the license. Application shall be made upon
34       forms furnished by the commission and shall contain such infor-
35       mation as the commission prescribes.
36             (g) Except as provided by subsection (j), the takeout for simul-
37       cast horse and greyhound races shall be the same as it is for the live
38       horse and greyhound races conducted during the current or next
39       live race meeting at the racetrack facility where the simulcast races
40       are displayed. For simulcast races the tax imposed on amounts wa-
41       gered shall be as provided by K.S.A. 74-8823, and amendments
42       thereto. Of the balance of the takeout remaining after deduction of
43       taxes, an amount equal to a percentage, to be determined by the


44

  1       commission, of the gross sum wagered on simulcast races shall be
  2       used for purses, as follows:
  3             (1) For greyhound races conducted by the licensee, if the si-
  4       mulcast race is a greyhound race and the licensee conducts only
  5       live greyhound races;
  6             (2) for horse races conducted by the licensee, if the simulcast
  7       race is a horse race and the licensee conducts only live horse races;
  8             (3) for horse races and greyhound races, as determined by both
  9       the recognized horsemen's group and the recognized greyhound
10       owners' group, if the simulcast race is a greyhound race and the
11       licensee does not conduct or is not currently conducting live grey-
12       hound races; or
13             (4) for horse races and greyhound races, as determined by both
14       the recognized horsemen's group and the recognized greyhound
15       owners' group, if the simulcast is a horse race and the licensee does
16       not conduct or is not currently conducting live horse races. That
17       portion of simulcast purse money determined to be used for horse
18       purses shall be apportioned by the commission to the various horse
19       race meetings held in any calendar year based upon the number of
20       live horse race dates comprising such horse race meetings in the
21       preceding calendar year.
22             (h) Except as provided by subsection (j):
23             (1) If a simulcasting licensee has a license to conduct live horse
24       races and the licensee displays a simulcast horse race: (A) All break-
25       age proceeds shall be remitted by the licensee to the commission
26       not later than the 15th day of the month following the race from
27       which the breakage is derived and the commission shall promptly
28       remit any such proceeds received to the state treasurer, who shall
29       deposit the entire amount in the state treasury and credit it to the
30       Kansas horse breeding development fund created by K.S.A. 74-8829,
31       and amendments thereto; and (B) all unclaimed ticket proceeds
32       shall be remitted by the licensee to the commission on the 61st day
33       after the end of the calendar year and the commission shall
34       promptly remit any such proceeds received to the state treasurer,
35       who shall deposit the entire amount in the state treasury and credit
36       it to the Kansas horse breeding development fund created by K.S.A.
37       74-8829, and amendments thereto.
38             (2) If a simulcasting licensee has a license to conduct live grey-
39       hound races and the licensee displays a simulcast greyhound race,
40       breakage and unclaimed winning ticket proceeds shall be distrib-
41       uted in the manner provided by K.S.A. 74-8821 and 74-8822, and
42       amendments thereto, for breakage and unclaimed winning ticket
43       proceeds from live greyhound races.


45

  1             (3) If a simulcasting licensee has a license to conduct live racing
  2       of only horses and the licensee displays a simulcast greyhound race,
  3       unclaimed winning ticket proceeds shall be distributed in the man-
  4       ner provided by K.S.A. 74-8822, and amendments thereto, for un-
  5       claimed winning ticket proceeds from live greyhound races. Break-
  6       age for such races shall be distributed for use to benefit greyhound
  7       racing as determined by the commission.
  8             (4) If a simulcasting licensee has a license to conduct live racing
  9       of only greyhounds and the licensee displays a simulcast horse race:
10       (A) All breakage proceeds shall be remitted by the licensee to the
11       commission not later than the 15th day of the month following the
12       race from which the breakage is derived and the commission shall
13       promptly remit any such proceeds received to the state treasurer,
14       who shall deposit the entire amount in the state treasury and credit
15       it to the Kansas horse breeding development fund created by K.S.A.
16       74-8829, and amendments thereto; and (B) all unclaimed ticket pro-
17       ceeds shall be remitted by the licensee to the commission on the 61st
18       day after the end of the calendar year and the commission shall
19       promptly remit any such proceeds received to the state treasurer,
20       who shall deposit the entire amount in the state treasury and credit
21       it to the Kansas horse breeding development fund created by K.S.A.
22       74-8829, and amendments thereto.
23             (i) The commission may approve a request by two or more si-
24       mulcasting licensees to combine wagering pools within the state of
25       Kansas pursuant to rules and regulations adopted by the
26       commission.
27             (j)  (1) The commission may authorize any simulcasting licensee
28       to participate in an interstate combined wagering pool with one or
29       more other racing jurisdictions.
30             (2) If a licensee participates in an interstate pool, the licensee
31       may adopt the takeout of the host jurisdiction or facility, except that
32       the takeout shall not be more than 20% on win, place and show bets and
33       not more than 25% on all other bets. The amount and manner of pay-
34       ing purses from the takeout in an interstate pool shall be as provided
35       by subsection (g).
36             (3) The tax imposed on amounts wagered in an interstate pool
37       shall be as provided by K.S.A. 74-8823, and amendments thereto.
38       Parimutuel taxes may not be imposed on any amounts wagered in
39       an interstate combined wagering pool other than amounts wagered
40       within this jurisdiction.
41             (4) Breakage for interstate combined wagering pools shall be
42       calculated in accordance with the statutes and rules and regulations
43       of the host jurisdiction and shall be allocated among the partici-


46

  1       pating jurisdictions in a manner agreed to among the jurisdictions.
  2       Breakage allocated to this jurisdiction shall be distributed as pro-
  3       vided by subsection (h).
  4             (5) Upon approval of the respective recognized greyhound own-
  5       ers' group or recognized horsemen's group, the commission may
  6       permit an organization licensee to simulcast to other racetrack fa-
  7       cilities or off-track wagering or intertrack wagering facilities in
  8       other jurisdictions one or more races conducted by such licensee,
  9       use one or more races conducted by such licensee for an intrastate
10       combined wagering pool or use one or more races conducted by
11       such licensee for an interstate combined wagering pool at off-track
12       wagering or intertrack wagering locations outside the commission's
13       jurisdiction and may allow parimutuel pools in other jurisdictions
14       to be combined with parimutuel pools in the commission's jurisdic-
15       tion for the purpose of establishing an interstate combined wagering
16       pool.
17             (6) The participation by a simulcasting licensee in a combined
18       interstate wagering pool does not cause that licensee to be consid-
19       ered to be doing business in any jurisdiction other than the juris-
20       diction in which the licensee is physically located.
21             (k) If the organization licensee, facility owner licensee if any
22       and the recognized horsemen's group or recognized greyhound own-
23       ers' group are unable to agree concerning a simulcasting applica-
24       tion, the matter may be submitted to the commission for determi-
25       nation at the written request of any party in accordance with rules
26       and regulations of the commission.
27             (l) This section shall be part of and supplemental to the Kansas
28       parimutuel racing act.
29        New Sec.  23. [22.] On July 1 of each year or as soon thereafter
30       as sufficient moneys are available, $80,000 credited to the state
31       gaming revenues fund shall be transferred and credited to the prob-
32       lem gambling grant fund established by section 21 [20], and amend-
33       ments thereto.
34             Sec.  24. [23.] K.S.A. 1999 Supp. 79-4803 is hereby amended to
35       read as follows: 79-4803. (a) After the transfer of moneys pursuant to
36       section 24 [23], and amendments thereto:
37             (1) An amount equal to 10% of the balance of all moneys credited
38       to the state gaming revenues fund shall be transferred and credited
39       to the correctional institutions building fund created pursuant to
40       K.S.A. 76-6b09 and amendments thereto, to be appropriated by the
41       legislature for the use and benefit of state correctional institutions
42       as provided in K.S.A. 76-6b09 and amendments thereto; and
43             (2) an amount equal to 5% of the balance of all moneys credited


47

  1       to the state gaming revenues fund shall be transferred and credited
  2       to the juvenile detention facilities fund.
  3             (b) There is hereby created in the state treasury the juvenile
  4       detention facilities fund which shall be administered by the com-
  5       missioner of juvenile justice. The Kansas advisory group on juvenile
  6       justice and delinquency prevention shall review and make recom-
  7       mendations concerning the administration of the fund. All expend-
  8       itures from the juvenile detention facilities fund shall be for the
  9       retirement of debt of facilities for the detention of juveniles; or for
10       the construction, renovation, remodeling or operational costs of fa-
11       cilities for the detention of juveniles in accordance with a grant
12       program which shall be established with grant criteria designed to
13       facilitate the expeditious award and payment of grants for the pur-
14       poses for which the moneys are intended. ``Operational costs'' shall
15       not be limited to any per capita reimbursement by the commissioner
16       of juvenile justice for juveniles under the supervision and custody
17       of the commissioner but shall include payments to counties as and
18       for their costs of operating the facility. The commissioner of juvenile
19       justice shall make grants of the moneys credited to the juvenile de-
20       tention facilities fund for such purposes to counties in accordance
21       with such grant program. All expenditures from the juvenile deten-
22       tion facilities fund shall be made in accordance with appropriation
23       acts upon warrants of the director of accounts and reports issued
24       pursuant to vouchers approved by the commissioner of juvenile jus-
25       tice or the commissioner's designee.
26             Sec.  25. [24.] K.S.A. 79-4804 is hereby amended to read as fol-
27       lows: 79-4804. (a) After the transfer of moneys pursuant to section 24
28       [23], and amendments thereto, an amount equal to 85% of the balance
29       of all moneys credited to the state gaming revenues fund shall be
30       transferred and credited to the state economic development initia-
31       tives fund. Expenditures from the state economic development ini-
32       tiatives fund shall be made in accordance with appropriations acts
33       for the financing of such programs supporting and enhancing the
34       existing economic foundation of the state and fostering growth
35       through the expansion of current, and the establishment and at-
36       traction of new, commercial and industrial enterprises as provided
37       by this section and as may be authorized by law and not less than
38       1/2 of such money shall be distributed equally among the congres-
39       sional districts of the state. Except as provided by subsection (g),
40       all moneys credited to the state economic development initiatives
41       fund shall be credited within the fund, as provided by law, to an
42       account or accounts of the fund which are created by this section.
43             (b) There is hereby created the Kansas capital formation ac-


48

  1       count in the state economic development initiatives fund. All mon-
  2       eys credited to the Kansas capital formation account shall be used
  3       to provide, encourage and implement capital development and for-
  4       mation in Kansas.
  5             (c) There is hereby created the Kansas economic development
  6       research and development account in the state economic develop-
  7       ment initiatives fund. All moneys credited to the Kansas economic
  8       development research and development account shall be used to
  9       promote, encourage and implement research and development pro-
10       grams and activities in Kansas and technical assistance funded
11       through state educational institutions under the supervision and
12       control of the state board of regents or other Kansas colleges and
13       universities.
14             (d) There is hereby created the Kansas economic development
15       endowment account in the state economic development initiatives
16       fund. All moneys credited to the Kansas economic development en-
17       dowment account shall be accumulated and invested as provided in
18       this section to provide an ongoing source of funds which shall be
19       used for economic development activities in Kansas, including but
20       not limited to continuing appropriations or demand transfers for
21       programs and projects which shall include, but are not limited to,
22       specific community infrastructure projects in Kansas that stimulate
23       economic growth.
24             (e) Except as provided in subsection (f), the director of invest-
25       ments may invest and reinvest moneys credited to the state eco-
26       nomic development initiatives fund in accordance with investment
27       policies established by the pooled money investment board under
28       K.S.A. 75-4232, and amendments thereto, in the pooled money in-
29       vestment portfolio. All moneys received as interest earned by the
30       investment of the moneys credited to the state economic develop-
31       ment initiatives fund shall be deposited in the state treasury and
32       credited to the Kansas economic development endowment account
33       of such fund.
34             (f) Moneys credited to the Kansas economic development en-
35       dowment account of the state economic development initiatives
36       fund may be invested in government guaranteed loans and deben-
37       tures as provided by law in addition to the investments authorized
38       by subsection (e) or in lieu of such investments. All moneys received
39       as interest earned by the investment under this subsection of the
40       moneys credited to the Kansas economic development endowment
41       account shall be deposited in the state treasury and credited to the
42       Kansas economic development endowment account of the state ec-
43       onomic development initiatives fund.


49

  1             (g) In each fiscal year, the director of accounts and reports shall
  2       make transfers in equal amounts on July 15 and January 15 which
  3       in the aggregate equal $2,000,000 from the state economic devel-
  4       opment initiatives fund to the state water plan fund created by
  5       K.S.A. 82a-951, and amendments thereto. No other moneys credited
  6       to the state economic development initiatives fund shall be used for:
  7       (1) Water-related projects or programs, or related technical assis-
  8       tance; or (2) any other projects or programs, or related technical
  9       assistance, which meet one or more of the long-range goals, objec-
10       tives and considerations set forth in the state water resource plan-
11       ning act.
12             New Sec.  26. [25.] All sales of bingo cards, bingo faces and in-
13       stant bingo tickets by licensees under K.S.A. 79-4701 et seq., and
14       amendments thereto, shall be exempt from the taxes levied and col-
15       lected by cities and counties under K.S.A. 12-187 et seq., and amend-
16       ments thereto.
17             Sec.  24. 27. [26.] K.S.A. 74-8711, 74-8712, 74-8720, 79-4701,
18       79-4703, 79-4704, 79-4705, 79-4705a, 79-4706, 79-4707, 79-4708,
19       79-4710, 79-4711, 79-4712a, 79-4713 and 79-4714 and K.S.A. 1998,
20       79-4713 and 79-4804 and K.S.A. 1999 Supp. 74-8836 and 79-3606
21       79-4803 are hereby repealed.
22             Sec.  18 25. 28 [27.] This act shall take effect and be in force from
23       and after its publication in the statute book.