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Terms Used In Kansas Statutes 74-8751

  • Commission: means the Kansas lottery commission. See Kansas Statutes 74-8702
  • Contract: A legal written agreement that becomes binding when signed.
  • Electronic gaming machine: means any electronic, electromechanical, video or computerized device, contrivance or machine authorized by the Kansas lottery that, upon insertion of cash, tokens, electronic cards or any consideration, is available to play, operate or simulate the play of a game authorized by the Kansas lottery pursuant to the Kansas expanded lottery act, including, but not limited to, bingo, poker, blackjack, keno and slot machines, and that may deliver or entitle the player operating the machine to receive cash, tokens, merchandise or credits that may be redeemed for cash. See Kansas Statutes 74-8702
  • Executive director: means the executive director of the Kansas lottery. See Kansas Statutes 74-8702
  • Interactive sports wagering platform: means an integrated system of hardware, software and applications, including, but not limited to, mobile applications and servers, through which sports wagering may be made available to persons physically located within the state of Kansas at the time of submitting the wager to a sports wagering manager over the internet or wireless services as defined in Kan. See Kansas Statutes 74-8702
  • Kansas lottery: means the state agency created by this act to operate a lottery or lotteries pursuant to this act. See Kansas Statutes 74-8702
  • Lottery gaming facility: means that portion of a building used for the purposes of operating, managing and maintaining lottery facility games. See Kansas Statutes 74-8702
  • Lottery gaming facility manager: means a corporation, limited liability company, resident Kansas American Indian tribe or other business entity authorized to construct and manage, or manage alone, pursuant to a lottery gaming facility management contract with the Kansas lottery, and on behalf of the state, a lottery gaming enterprise and lottery gaming facility. See Kansas Statutes 74-8702
  • Person: means any natural person, association, limited liability company, corporation or partnership. See Kansas Statutes 74-8702
  • Racetrack gaming facility: means that portion of a parimutuel licensee location where electronic gaming machines are operated, managed and maintained. See Kansas Statutes 74-8702
  • Racetrack gaming facility manager: means a parimutuel licensee specifically certified by the Kansas lottery to become a certified racetrack gaming facility manager and offer electronic gaming machines for play at the racetrack gaming facility. See Kansas Statutes 74-8702
  • Sports wagering: includes , but is not limited to, single game wagers, teaser wagers, parlays, over-under wagers, moneyline wagers, pools, exchange wagering, in-game wagers, in-play wagers, proposition wagers, straight wagers and such other wagers approved by the commission. See Kansas Statutes 74-8702
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

(a) The Kansas racing and gaming commission, through rules and regulations, shall establish:

(1) A certification requirement, and enforcement procedure, for officers, directors, key employees and persons directly or indirectly owning a 5% or more interest in a lottery gaming facility manager or racetrack gaming facility manager. Such certification requirement shall include compliance with such security, fitness and background investigations and standards as the executive director of the Kansas racing and gaming commission deems necessary to determine whether such person‘s reputation, habits or associations pose a threat to the public interest of the state or to the reputation of or effective regulation and control of the lottery gaming facility or racetrack gaming facility;

(2) a certification requirement, and enforcement procedure, for those persons, including electronic gaming machine manufacturers, technology providers and computer system providers, who propose to contract with a lottery gaming facility manager, a racetrack gaming facility manager or the state for the provision of goods or services related to a lottery gaming facility or racetrack gaming facility, including management services. Such certification requirements shall include compliance with such security, fitness and background investigations and standards of officers, directors, key gaming employees and persons directly or indirectly owning a 5% or more interest in such entity as the executive director of the Kansas racing and gaming commission deems necessary to determine whether such person’s reputation, habits and associations pose a threat to the public interest of the state or to the reputation of or effective regulation and control of the lottery gaming facility or racetrack gaming facility. If the executive director of the racing and gaming commission determines the certification standards of another state are comprehensive, thorough and provide similar adequate safeguards, the executive director may certify an applicant already certified in such state without the necessity of a full application and background check;

(3) (A) a certification requirement and enforcement procedure for:

(i) Employees of a lottery gaming facility manager or another entity owned by the lottery gaming facility manager’s parent company that are directly involved in the management of sports wagering managed by such manager; and

(ii) those persons who propose to contract with a lottery gaming facility manager in an amount that exceeds $250,000 per year for the provision of goods or services related to sports wagering, including any interactive sports wagering platform requested by a lottery gaming facility manager under Kan. Stat. Ann. 2023 Supp. 74-8782, and amendments thereto; and

(B) such certification requirement shall include compliance with such security, fitness and background investigations and standards as the executive director deems necessary to determine whether such person’s reputation, habits or associations pose a threat to the public interest of the state or to the reputation of, or effective regulation and control of, sports wagering conducted by the lottery gaming facility. Such certification shall be valid for one year from the date of issuance;

(4) provisions for revocation of a certification required by subsection (a)(1) or (a)(2) upon a finding that the certificate holder, an officer or director thereof or a person directly or indirectly owning a 5% or more interest therein: (A) Has knowingly provided false or misleading material information to the Kansas lottery or its employees; or (B) has been convicted of a felony, gambling related offense or any crime of moral turpitude;

(5) provisions for suspension, revocation or nonrenewal of a certification required by subsection (a)(1) or (a)(2) upon a finding that the certificate holder, an officer or director thereof or a person directly or indirectly owning a 5% or more interest therein: (A) Has failed to notify the Kansas lottery about a material change in ownership of the certificate holder, or any change in the directors or officers thereof; (B) is delinquent in remitting money owed to the Kansas lottery; (C) has violated any provision of any contract between the Kansas lottery and the certificate holder; or (D) has violated any provision of the Kansas expanded lottery act or any rule and regulation adopted hereunder; and

(6) provisions for suspension, revocation or nonrenewal of a certification required by subsection (a)(3) upon a finding that the certificate holder has: (A) Knowingly provided false or misleading material information to the Kansas lottery, the Kansas racing and gaming commission or to the employees of either entity; (B) been convicted of a felony, gambling-related offense or any crime of moral turpitude; (C) violated any provision of any contract between the Kansas lottery and the certificate holder; or (D) violated any provision of the Kansas expanded lottery act or any rule and regulation adopted hereunder.

(b) A certification issued pursuant to this section shall not be assignable or transferable.