(1) A track may engage in telephone account wagering, if all moneys used to place telephone account wagers are on deposit in an amount sufficient to cover the wagers at the track where the account is opened. All moneys wagered by telephone account wagering shall be subject to the applicable pari-mutuel tax levied in KRS § 138.510 and shall form a common pool with other pari-mutuel pools at the track for each posted race. The racing commission shall have authority to promulgate necessary and reasonable administrative regulations to regulate the conduct of telephone account wagering, including regulations for the deposit of funds by credit or debit cards or other means of electronic funds transfer.
(2) A track shall accept and tabulate a telephone account wager only from the holder of a telephone wagering account. No person shall directly or indirectly act as an intermediary, transmitter, or agent in the placing of wagers for a holder of a telephone wagering account. No person shall in any manner place a wager through telephone account wagering, on behalf of a holder of a telephone wagering account. Only the holder of a telephone wagering account shall place a telephone wager. Any person violating this subsection shall be guilty of a Class A misdemeanor.

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 12 months up to $500
For details, see § 532.090

Terms Used In Kentucky Statutes 230.379

  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Racing commission: means the Kentucky Horse Racing Commission. See Kentucky Statutes 230.210
  • Telephone account wagering: means a form of pari-mutuel wagering where an individual may deposit money in an account at a track and may place a wager by direct telephone call or by communication through other electronic media owned by
    the holder of the account to the track. See Kentucky Statutes 230.210

(3) Telephone account wagering conducted in accordance with the provisions of this section shall not be considered a violation of KRS § 528.110.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 480, effective July 15, 2010. — Amended
2004 Ky. Acts ch. 191, sec. 36, effective July 13, 2004. — Amended 1992 Ky. Acts ch. 109, sec. 30, effective March 30, 1992. — Amended 1990 Ky. Acts ch. 159, sec.
9, effective March 30, 1990. — Created 1988 Ky. Acts ch. 376, sec. 4, effective July
15, 1988.