As Amended by Senate Committee
         
Session of 2000
         
SENATE BILL No. 492
         
By Committee on Federal and State Affairs
         
1-26
         

10             AN  ACT concerning the state gaming agency; relating to the financing
11             of the operations thereof; relating to the powers and duties thereof;
12             relating to the officers and employees thereof; amending K.S.A. 1999
13             Supp. 74-9803, 74-9804, 74-9805 and 74-9808 and repealing the ex-
14             isting sections.
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 1999 Supp. 74-9803 is hereby amended to read as
18       follows: 74-9803. (a) The state gaming agency is hereby transferred from
19       the department of commerce and housing, designated by Executive Or-
20       der No. 95-177 as the state gaming agency, and is attached to and made
21       a part of the Kansas racing and gaming commission. Employees of the
22       state gaming agency shall not be subject to the restrictions of K.S.A. 74-
23       8810, and amendments thereto. For the purposes of K.S.A. 74-8810,
24       and amendments thereto, employees of the state gaming agency
25       shall not be considered as employees of the Kansas racing and gam-
26       ing commission. The budget of the state gaming agency, the number
27       and qualifications of employees of the state gaming agency and expend-
28       itures by the state gaming agency for expenses of dispute resolution pur-
29       suant to a tribal-state gaming compact shall be subject to approval by the
30       Kansas racing and gaming commission. All other management functions
31       of the state gaming agency shall be administered by the executive director.
32       All vouchers for expenditures and all payrolls of the state gaming agency
33       shall be approved by the executive director or a person designated by the
34       executive director.
35             (b) Nothing in this act shall be construed as abolishing or reestablish-
36       ing the state gaming agency.
37             Sec.  2. K.S.A. 1999 Supp. 74-9804 is hereby amended to read as
38       follows: 74-9804. (a) (1) The governor shall appoint, subject to confir-
39       mation by the senate as provided by K.S.A. 75-4315b, and amendments
40       thereto, an executive director of the state gaming agency, to serve at the
41       pleasure of the governor. Before appointing any person as executive di-
42       rector, the governor shall cause the Kansas bureau of investigation to
43       conduct a criminal history record check and background investigation of


2

  1       the person.
  2             (2) The executive director shall: (A) Be in the unclassified service
  3       under the Kansas civil service act; (B) devote full time to the executive
  4       director's assigned duties; (C) be a citizen of the United States and an
  5       actual resident of Kansas during employment as executive director; (D)
  6       not have been convicted of a felony under the laws of any state or of the
  7       United States prior to or during employment; and (E) have familiarity
  8       with gaming industries sufficient to fulfill the duties of the office of ex-
  9       ecutive director.
10             (3) The executive director shall: (A) Determine, subject to the ap-
11       proval of the Kansas racing and gaming commission, the number and
12       qualifications of employees necessary to implement and enforce the pro-
13       visions of tribal-state gaming compacts and the provisions of the tribal
14       gaming oversight act; (B) employ persons for those positions; and (C)
15       perform such other duties as required by tribal-state gaming compacts.
16             (b)  (1) The executive director may appoint a director of enforcement
17       and compliance to serve at the pleasure of the executive director. Before
18       appointing any person as director of enforcement and compliance, the
19       executive director shall cause the Kansas bureau of investigation to con-
20       duct a criminal history record check and background investigation of the
21       person.
22             (2) The director of enforcement and compliance shall: (A) Be in the
23       unclassified service under the Kansas civil service act; (B) devote full time
24       to the director's assigned duties; (C) receive such compensation as de-
25       termined by the executive director, subject to the limitations of appro-
26       priations therefor; (D) be a citizen of the United States and an actual
27       resident of Kansas during employment as director of enforcement and
28       compliance; (E) not have been convicted of a felony under the laws of
29       any state or of the United States prior to and during employment as
30       director of compliance; and (F) have been a professional law enforcement
31       officer with a minimum of five years' experience in the field of law en-
32       forcement and at least a bachelor's degree in law enforcement adminis-
33       tration, law, criminology or a related science or, in lieu thereof, a mini-
34       mum of 10 years' experience in the field of law enforcement.
35             (3) The director of enforcement and compliance shall: (A) Be vested
36       with law enforcement authority;
37             (B) conduct investigations relating to compliance with the provisions
38       of tribal-state gaming compacts and the provisions of the tribal gaming
39       oversight act;
40             (C) recommend proper compliance measures to tribal gaming
41       commissions;
42             (D) train and supervise such personnel as employed by the executive
43       director to assist with such duties; and


3

  1             (E) perform such other duties as directed by the executive director.
  2             (c)  (1) The executive director may appoint enforcement agents. Be-
  3       fore appointing any person as a enforcement agent, the executive director
  4       shall cause the Kansas bureau of investigation to conduct require a crim-
  5       inal history record check and background investigation of the person to
  6       be conducted prior to the beginning of employment.
  7             (2) Each enforcement agent shall: (A) Be vested with law enforce-
  8       ment authority;
  9             (B) be in the classified service under the Kansas civil service act;
10             (C) not have been convicted of a felony under the laws of any state
11       or of the United States prior to or during employment as enforcement
12       agent; and
13             (D) be a professional law enforcement officer with a minimum of two
14       years' experience in the field of law enforcement or, in lieu thereof, a
15       bachelor's degree from an accredited university or college.
16             (3) Enforcement agents shall: (A) Conduct investigations relating to
17       compliance with the provisions of tribal-state gaming compacts or the
18       provisions of the tribal gaming oversight act; and (B) perform such other
19       duties as directed by the executive director or the director of enforcement
20       and compliance.
21             Sec.  3. K.S.A. 1999 Supp. 74-9805 is hereby amended to read as
22       follows: 74-9805. (a) The state gaming agency shall be responsible for
23       oversight of class III gaming conducted pursuant to tribal-state compacts
24       and, as such, shall monitor compliance with tribal-state gaming compacts
25       and perform the duties of the state gaming agency as provided by tribal-
26       state gaming compacts.
27             (b) The state gaming agency may examine and inspect all tribal gam-
28       ing facilities and facilities linked to Kansas tribal gaming facilities for gam-
29       ing, including but not limited to all machines and equipment used for
30       tribal gaming.
31             (c) The state gaming agency may examine, or cause to be examined
32       by any agent or representative designated by the executive director, any
33       books, papers, records, electronic records, computer records or surveil-
34       lance and security tapes and logs of any tribal gaming facility in accord-
35       ance with tribal-state gaming compacts.
36             (d) The executive director may issue subpoenas to compel access to
37       or for the production of any books, papers, records, electronic records,
38       computer records or surveillance and security tapes and logs in the cus-
39       tody or control of a tribal gaming facility or any officer, employee or agent
40       of a tribal gaming facility, or to compel the appearance of any officer,
41       employee or agent of a tribal gaming facility, for the purpose of ascer-
42       taining compliance with any of the provisions of a tribal-state gaming
43       compact or the tribal gaming oversight act. Subpoenas issued pursuant


4

  1       to this subsection may be served upon individuals and corporations in the
  2       same manner provided in K.S.A. 60-304 and amendments thereto for the
  3       service of process by any officer authorized to serve subpoenas in civil
  4       actions or by the executive director or an agent or representative desig-
  5       nated by the executive director. In the case of the refusal of any person
  6       to comply with any such subpoena, the executive director may make ap-
  7       plication to any court of competent jurisdiction.
  8             (e) The state gaming agency may institute the dispute resolution pro-
  9       cedure, in accordance with a tribal-state gaming compact, to ensure pro-
10       duction of the documents required by the tribal-state gaming compact
11       and to ensure compliance with all provisions of the compact.
12             (f) The state gaming agency shall monitor, examine and inspect tribal
13       gaming to ensure that tribal gaming is conducted in compliance with
14       tribal-state gaming compacts.
15             (g) The state gaming agency shall review all licensing and disciplinary
16       actions taken by tribal gaming commissions or any party involved in the
17       tribal gaming and assess if the action complies with the terms of the
18       applicable tribal-state gaming compact.
19             (h) The executive director, or a designated employee, shall report any
20       substantial noncompliance with a tribal-state gaming compact to the
21       governor.
22             (i) The state gaming agency may negotiate a resolution between any
23       tribe conducting or operating tribal gaming and any local or county gov-
24       ernmental entity regarding the allocation or payment of additional ex-
25       penses or costs incurred by the governmental entity as a result of tribal
26       gaming, as provided by the applicable tribal-state gaming compacts.
27             (j) The state gaming agency may adopt background investigation and
28       fingerprinting policies or procedures in accordance with the terms of
29       tribal-state gaming compacts.
30             (k) The state gaming agency shall perform all functions and duties
31       required to comply with and ensure tribal compliance with tribal-state
32       gaming compacts.
33             (l) The state gaming agency shall require fingerprinting of all persons
34       necessary to verify qualifications for employment by the state gaming
35       agency or to verify qualification for any license issued pursuant to a tribal-
36       state gaming compact. The state gaming agency shall submit such fin-
37       gerprints to the Kansas bureau of investigation and to the federal bureau
38       of investigation for the purposes of verifying the identity of such persons
39       and obtaining records of criminal arrests and convictions.
40             (m)  (1) The state gaming agency may receive individual and corpo-
41       rate taxpayer information from the Kansas department of revenue. The
42       state gaming agency may receive from the Kansas bureau of investigation
43       or other criminal justice agencies, including but not limited to the federal


5

  1       bureau of investigation and the federal internal revenue service, such
  2       criminal history record information (including arrest and nonconviction
  3       data), criminal intelligence information and information relating to crim-
  4       inal and background investigations as necessary for the purpose of deter-
  5       mining qualifications of employees of and applicants for employment by
  6       the state gaming agency and determining qualifications of licensees and
  7       applicants for licensure in tribal gaming. Upon the written request of the
  8       executive director, the state gaming agency may receive from the district
  9       courts such information relating to juvenile proceedings as necessary for
10       the purpose of determining qualifications of employees of and applicants
11       for employment by the state gaming agency and determining qualifica-
12       tions of licensees of and applicants for licensure in tribal gaming.
13             (2) The state gaming agency may disclose information received pur-
14       suant to subsection (m)(1) to a tribal gaming commission as necessary for
15       the purpose of determining qualifications of employees of or applicants
16       for employment by such tribal gaming commission or qualifications of
17       licensees or applicants for licensure by such tribal gaming commission.
18             (3) Any information, other than conviction data, received by the state
19       gaming agency pursuant to subsection (m)(1) or by a tribal gaming com-
20       mission pursuant to subsection (m)(2) shall be confidential and shall not
21       be disclosed except to the executive director, employees of the state gam-
22       ing agency and members and employees of the tribal gaming commission
23       as necessary for the purposes specified by subsections (m)(1) and (m)(2)
24       and upon written request to the executive director to agencies of other
25       states who are engaged in the regulation of Class III or casino gaming.
26       Any other disclosure of such confidential information is a class A non-
27       person misdemeanor severity level 8 nonperson felony class A nonperson
28       misdemeanor and shall constitute grounds for removal from office, ter-
29       mination of employment or denial, revocation or suspension of any license
30       issued by the tribal gaming commission.
31             (n) The executive director may adopt rules and regulations to imple-
32       ment, administer and enforce the provisions of the tribal gaming oversight
33       act.
34             Sec.  4. K.S.A. 1999 Supp. 74-9808 is hereby amended to read as
35       follows: 74-9808. (a) There is hereby created the tribal gaming fund in
36       the state treasury.
37             (b) All amounts collected by the state gaming agency pursuant to
38       tribal-state gaming compacts shall be remitted to the state treasurer, who
39       shall deposit the entire amount in the state treasury and credit it to the
40       tribal gaming fund. All moneys credited to such fund shall be expended
41       or transferred only for the purposes and in the manner provided by this
42       act and tribal-state gaming compacts. Expenditures from such fund shall
43       be made in accordance with appropriation acts upon warrants of the di-


6

  1       rector of accounts and reports issued pursuant to vouchers approved by
  2       the executive director or a person designated by the executive director.
  3             (c) All operating expenses of the state gaming agency and the provi-
  4       sions of the tribal gaming oversight act shall be paid from the tribal gam-
  5       ing fund.
  6             (d) The executive director and the director of accounts and reports
  7       may provide for the establishment of such accounts in the tribal gaming
  8       fund as necessary or expedient to carry out the state's responsibilities and
  9       authority under tribal-state gaming compacts and the provisions of the
10       tribal gaming oversight act.
11             (e) Any appropriation or transfer of state general fund moneys for
12       operations of the state gaming agency and any other expenses incurred
13       in connection with the administration and enforcement of tribal-state
14       gaming compacts or the provisions of the tribal gaming oversight act shall
15       be considered a loan and shall be repaid with interest to the state general
16       fund in accordance with appropriation acts. Such loan shall not be con-
17       sidered an indebtedness or debt of the state within the meaning of section
18       6 of article 11 of the constitution of the state of Kansas. Such loan shall
19       bear interest at a rate equal to the rate prescribed by K.S.A. 75-4210 and
20       amendments thereto for inactive accounts of the state effective on the
21       first day of the month during which the appropriation or transfer takes
22       effect.
23             (f) At the time of repayment of a loan pursuant to subsection (d), the
24       executive director shall certify to the director of accounts and reports the
25       amount to be repaid and any interest due thereon. Upon receipt of such
26       certification, the director of accounts and reports shall promptly transfer
27       the amount certified from the tribal gaming fund to the state general
28       fund reimbursed in accordance with the tribal-state gaming compact
29       Sec.  5. K.S.A. 1999 Supp. 74-9803, 74-9804, 74-9805 and 74-9808
30       are hereby repealed.
31        Sec.  6. This act shall take effect and be in force from and after its
32       publication in the statute book.