230.260 Authority and jurisdiction of Kentucky Horse Racing and Gaming
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/ky/230-260A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Corporation -- Administrative regulations -- Problem or compulsive gamblers
-- Conduct of sports wagering and charitable gaming. The corporation shall have all powers necessary and proper to carry out and effectuate the purposes and provisions of this chapter on and after July 1, 2024, and the purposes and provisions of KRS Chapter 238 on and after July 1, 2025, including but not limited to the following:
(1)The corporation is vested with jurisdiction and supervision over all live horse
racing, pari-mutuel wagering, sports wagering, breed integrity and development,
and on and after July 1, 2025, charitable gaming, except for lottery games
authorized under KRS Chapter 154A, in this Commonwealth and over all
associations and all persons on association grounds and may eject or exclude
therefrom or any part thereof, any person, licensed or unlicensed, whose conduct or
reputation is such that the person's presence on association grounds may, in the
opinion of the corporation, negatively reflect on the honesty and integrity of horse
racing, or on sporting events upon which sports wagers may be placed, or interfere
with the orderly conduct of horse racing or racing at horse race meetings, but no
persons shall be excluded or ejected from association grounds solely on the ground
of race, color, creed, national origin, ancestry, or sex;
(2)The corporation is vested with jurisdiction over any person or entity that offers
advance deposit account wagering to Kentucky residents. Any such person or entity
under the jurisdiction of the corporation shall be licensed by the corporation, and
the corporation may impose a license fee not to exceed ten thousand dollars
($10,000) annually. The corporation may, by administrative regulation promulgated
in accordance with KRS Chapter 13A, establish conditions and procedures for the
licensing of advance deposit account wagering providers to include but not be
limited to:
(a)A fee schedule for applications for licensure; and
(b)Reporting requirements to include quarterly reporting on:
1. The amount wagered on Kentucky races; and
2. The total amount wagered by Kentuckians;
(3)The corporation is vested with jurisdiction over any totalizator company that
provides totalizator services to a racing association located in the Commonwealth.
A totalizator company under the jurisdiction of the corporation shall be licensed by
the corporation, regardless of whether a totalizator company is located in the
Commonwealth or operates from a location or locations outside of the
Commonwealth, and the corporation may impose a license fee on a totalizator
company. The corporation may, by administrative regulation promulgated in
accordance with KRS Chapter 13A, establish conditions and procedures for the
licensing of totalizator companies, and a fee schedule for applications for licensure;
(4)The corporation is vested with jurisdiction over any manufacturer, wholesaler,
distributor, or vendor of any equine drug, medication, therapeutic substance, or
metabolic derivative which is purchased by or delivered to a licensee or other
person participating in Kentucky horse racing by means of the internet, mail
delivery, in-person delivery, or other means;
(5)The corporation is vested with jurisdiction over any horse training center or facility
in the Commonwealth that records official timed workouts for publication;
(6)The corporation may require an applicant for a license under subsection
(2)or
(3)of
this section to submit to a background check of the applicant, or of any individual
or organization associated with the applicant. An applicant shall be required to
reimburse the corporation for the cost of any background check conducted;
(7)The corporation, its representatives and employees, may visit, investigate, and have
free access to the office, track, facilities, or other places of business of any licensee,
or any person owning a horse or performing services regulated by this chapter on a
horse registered to participate in a breeders incentive fund under the jurisdiction of
the corporation;
(8)The corporation may prescribe necessary and reasonable administrative regulations
and conditions under which horse racing at a horse race meeting shall be conducted
in this state and to fix and regulate the minimum amount of purses, stakes, or
awards to be offered for the conduct of any horse race meeting;
(9)Applications for licenses may be made in the form and manner and contain
information as required by the corporation through the promulgation of
administrative regulations. Fees for all licenses issued under KRS 230.310 shall be
prescribed by and paid to the corporation;
(10)The corporation may establish by administrative regulation minimum fees for
jockeys to be effective in the absence of a contract between an employing owner or
trainer and a jockey. The minimum fees shall be no less than those of July 1, 1985;
(11)The corporation may refuse to issue or renew a license, revoke or suspend a license,
impose probationary conditions on a license, issue a written reprimand or
admonishment, impose fines or penalties, deny purse money, require the forfeiture
of purse money, or any combination thereof with regard to a licensee or other
person participating in Kentucky horse racing for violation of any federal or state
statute, regulation, or steward's or corporation's directive, ruling, or order to
preserve the integrity of Kentucky horse racing or to protect the racing public. The
corporation may, by administrative regulation, establish the criteria for taking the
actions described in this subsection;
(12)The corporation may issue subpoenas for the attendance of witnesses before it and
for the production of documents, records, papers, books, supplies, devices,
equipment, and all other instrumentalities related to live horse racing, pari-mutuel
wagering, sports wagering, breed integrity and development, and on and after July
1, 2025, charitable gaming, within the Commonwealth. The corporation may
administer oaths to witnesses and require witnesses to testify under oath whenever,
in the judgment of the corporation, it is necessary to do so for the effectual
discharge of its duties;
(13)The corporation shall have authority to compel any racing association licensed
under this chapter to file with the corporation at the end of its fiscal year, a balance
sheet, showing assets and liabilities, and an earnings statement, together with a list
of its stockholders or other persons holding a beneficial interest in the association;
(14)The corporation may promulgate administrative regulations establishing safety
standards for jockeys, which shall include the use of rib protection equipment. Rib
protection equipment shall not be included in a jockey's weight;
(a)The corporation may promulgate administrative regulations establishing a
self-exclusion list for individuals who self-identify as being problem or
compulsive gamblers.
(b)Self-exclusion information collected by each racing association shall be
forwarded to the corporation, and the information from the racing associations
shall be compiled into a comprehensive list that shall be provided to all racing
associations.
(c)Pursuant to KRS 61.878(1)(a), information collected under this subsection
shall be excluded from the application of KRS 61.870 to 61.884;
(a)The corporation may promulgate administrative regulations to establish
standards for the conduct of sports wagering, including standards for
receiving and paying out wagers, offering sports wagering through a website
or mobile application, maintaining and auditing books and financial records,
securely maintaining records of bets and wagers, integrity requirements for
sports wagering and related data, suitability requirements for providers of
associated equipment, geofence standards for wager placement, designated
areas for sports wagering, surveillance and monitoring systems, and other
reasonable technical criteria related to conducting sports wagering.
(b)The corporation may promulgate administrative regulations related to age
requirements for placing sports wagers, availability of information related to
sports wagers, and licensing requirements, including temporary
authorizations, for service providers, vendors, and suppliers; and
(a)On and after July 1, 2025, the corporation is vested with jurisdiction and
supervision over all charitable gaming and may promulgate administrative
regulations to establish standards for the conduct of charitable gaming
consistent with the guidelines established in this chapter and KRS Chapter
238. The corporation may eject or exclude therefrom or any part thereof, any
person, licensed or unlicensed, whose conduct or reputation is such that the
person's presence at a charitable gaming facility may, in the opinion of the
corporation, negatively reflect on the honesty and integrity of charitable
gaming, or interfere with the orderly conduct of charitable gaming at a
charitable gaming facility, but no persons shall be excluded or ejected from a
charitable gaming facility solely on the ground of race, color, creed, national
origin, ancestry, or sex.
(b)The administrative regulations of the Kentucky Horse Racing Commission
that are in effect on July 1, 2024, shall remain in effect as the initial
administrative regulations of the corporation until the corporation amends or
repeals the administrative regulations pursuant to KRS Chapter 13A, except
as provided by KRS 13A.3102, 13A.3104, and 13A.330.
(c)The administrative regulations of the Department of Charitable Gaming that
are in effect on July 1, 2025, shall remain in effect as the initial administrative
regulations of the corporation until the corporation amends or repeals the administrative regulations pursuant to KRS Chapter 13A, except as provided by KRS 13A.3102, 13A.3104, and 13A.330.