SESSION OF 1998
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2510
As Amended by Senate on Final Action
The bill would make several amendments to the Parimutuel
Racing Act. Specifically, the bill would:
- •Authorize the Assistant Attorneys General assigned to the
Racing and Gaming Commission to assist with enforcement
of the Tribal Gaming Oversight Act and any other gaming
statutes the Commission may be required to enforce in
addition to the Racing Act.
- Current law authorizes the Attorney General to appoint a
maximum of two Assistant Attorneys General to work on
parimutuel racing matters for the Racing and Gaming
- •Authorize reimbursement of the Racing Fund from the Tribal
Gaming Fund for costs of salaries and travel of Assistant
Attorneys General working on tribal gaming matters.
- •Apply to the Executive Director of the Racing and Gaming
Commission the same five-year limitation on involvement in
racing or having a financial interest in certain licensees,
wagering, and accepting gifts from any licensee, as currently
applies to members of the Commission. The Executive
Director and Commissioners would be subject to the same
penalty for violation.
- The penalty for violation of that section is a maximum of
one year in jail, or a $2,500 fine, or both.
- •Make discretionary rather than mandatory disqualification of
racing animals that violate the Commission's drug rules.
- •Provide that initial or summary orders suspending occupation
licenses and imposing fines would be effective immediately.
- Under current law, any suspension or imposition of fine is
subject to the Kansas Administrative Procedure Act (KAPA)
which provides for review of hearing officers' orders and
delayed effective dates of orders in some circumstances.
Proceedings for suspension or revocation of occupation
licenses would continue to be subject to all other provisions of KAPA.
- •Provide for allocation of a portion of the unclaimed winnings
at dog tracks that are closed for 60 days or more. Under the
new procedure, 50 percent of unclaimed winnings that would
otherwise be used to supplement stakes races at that track
would be allocated equally to each of the Kansas-whelped
greyhounds at the track on the last day of racing. The
Commission would compile the roster of dogs eligible for the
allocation. Funds allocated to each dog would be evenly split
between the dog's owner and the owner of the kennel in
which the dog resided at the track.
- •Allow licensed stewards and racing judges and certain of their
relatives to be licensed by the Commission or to enter into
business dealings with a track owner or track lessee as long
as the steward or judge and the relative are not employed by
or doing business with the same track.
- Under current law members, appointees, and employees
(except racing judges and stewards) of the Commission
and certain of their relatives cannot be licensed by the
Commission. In addition, those same persons cannot enter
into a business relationship with an owner or lessee of a
track in Kansas. The relatives to which the statute applies
include the spouse, parent, grandparent, brother, sister,
child, son-in-law, daughter-in-law, grandchild, uncle, aunt,
parent-in-law, brother-in-law, or sister-in-law.
- •Require that purse money generated from simulcast horse
races at a dog track be allocated by the Commission to horse
race meets based on the number of live race days held by
each meet during the preceding calendar year.
The bill would become effective upon publication in the
The bill was introduced during the 1997 Session at the
request of the Racing and Gaming Commission. The Executive
Director of the Commission presented testimony in support of the
bill at the hearing before the House Committee on Federal and
State Affairs. No opponents of the bill testified at that Committee
The House Committee amended the bill to include the
provision regarding licensure and business dealings of stewards or
racing judges and their relatives. Other House Committee
amendments are technical in nature.
The House Committee of the Whole amended the bill to retain
existing law regarding the number of Assistant Attorneys General
assigned to the Racing and Gaming Commission. The House also
amended the bill to eliminate a provision that would have changed
the financing of the attorney positions working on nontribal
matters. The effect of the House Committee of the Whole
amendment would be to continue the existing policy of financing
those positions from the State Racing Fund.
The Senate Committee on Federal and State Affairs amended
the bill to eliminate proposed changes to the way takeout from
simulcast races is handled.
The Senate amended the bill to specify the basis for allocation
of purse money generated from simulcast horse races at dog
The Division of the Budget fiscal note based on the introduced version of the bill states that the bill would have negligible
fiscal impact on the Racing and Gaming Commission. The fiscal
note does not address any impact that might result from subsequent amendments.
1. *Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at