Signed by Governor Jack Markell

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the Delaware Lottery to run table games, and establishes a Lottery Commission and Division of Gaming Enforcement.

Highlights:

-Requires the Director of the Delaware Lottery to establish a regulatory framework for table games to provide for the features and attributes of their operations and commence table games as soon as reasonably possible, administer table games in a way that minimizes or eliminates risk of financial loss to the state, and conduct table games exclusively at video lottery facilities owned and operated by licensed video lottery agents (Sec. 1). -Requires 29.4 percent of gross table game revenue to be returned to the state, to be distributed as follows (Sec. 12):

-First, to the administrative costs and expenses of the Office of the Lottery; and -Second, $250,000 or 1 percent, whichever is greater, to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services to be used exclusively for funding programs for the treatment, education, and assistance of compulsive gamblers and their families; and -Third, costs of the Administrator of Racing and racing inspectors; and -Fourth, the remainder shall be paid into the State's General Fund.

-Requires video lottery agents to be paid and pay additional purses of 4.5 percent of gross table game revenue (Sec. 12). § -Requires any proceeds left after the above highlights to be paid to video lottery agents as their commission (Sec. 12). -Establishes a Lottery Commission in the Department of Finance consisting of five members, providing that they not be members of the Standardbred Owners Association, the Delaware Thoroughbred Horsemen's Association, or an owner, employee or agent of a video lottery agent, and that they be appointed by the Governor and confirmed by the Senate (Sec. 20):

-1 certified public accountant; and -1 lawyer; and -1 businessperson; and -1 person with experience in law enforcement; and -1 public member.

-Establishes the powers and duties of the Lottery Commission, including, but not limited to, the following (Sec. 20):

-Provide the Secretary of Finance and Director with advice and guidance with respect to the development of policy in those areas where rule and regulation making authority is entrusted to the Director; -Provide guidance on new initiatives which may from time to time be proposed by the Director and recommend to the Director initiatives that the Commission believes would benefit the Lottery; -Conduct hearings relating to licensing disputes, exclusion list disputes, and other disputes as specified in this Chapter or by rule and regulation; -As it deems necessary, subpoena witnesses and documents, administer and examine person under oath, and appoint hearing officers as the Commission finds appropriate to conduct investigations and hearings; and -Review and approve all regulations issued by the Director on or after July 1, 2010, before such regulations are implemented.

-Establishes a Division of Gaming Enforcement within the Department of Safety and Homeland Security (Sec. 25). -Establishes the powers and duties of the Division of Gaming Enforcement including, but not limited to, the following (Sec. 25):

-Exercise exclusive jurisdiction for the investigation of criminal offenses related to gaming that may occur at any video lottery facility licensed by the State Lottery Office or which occur elsewhere that relate to the operation of the Lottery; -Investigate the background, qualifications and suitability of each applicant before any license is issued by the Director of the State Lottery Office; -Provide assistance upon request by the State Lottery Office in the consideration, promulgation and application of its rules and regulations; -Exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation for use in considering applicants for any license or registration issued by the State Lottery Office; -Request and receive information, materials and any other data from any licensee or registrant, or applicant for a license or registration; -Notify the State Lottery Office of any information which may affect the continued qualifications or suitability of any licensee or registrant; -Seek to exclude from all licensed video lottery facilities persons whose presence would be inimical to the interest of the State of Delaware or of lottery operations therein; and -Perform other duties necessary and consistent with Chapter 48 of Title 29 of the Delaware Code to maintain public confidence and trust in the credibility and integrity of lottery operations, agents and employees.

-Exempts the sale, lease, transport, ownership, possession, exhibition, manufacture, servicing, marketing or use of a video lottery machine, sports lottery machine, table game equipment or any equipment, supplies, information or data in connection with the operations of a lottery under State control from being violations of the provisions of §§ 1401-1412 of Title 11 of the Delaware Code (Sec. 27).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the Delaware Lottery to run table games, and establishes a Lottery Commission and Division of Gaming Enforcement.

Highlights:

-Requires the Director of the Delaware Lottery to establish a regulatory framework for table games to provide for the features and attributes of their operations and commence table games as soon as reasonably possible, administer table games in a way that minimizes or eliminates risk of financial loss to the state, and conduct table games exclusively at video lottery facilities owned and operated by licensed video lottery agents (Sec. 1). -Requires 29.4 percent of gross table game revenue to be returned to the state, to be distributed as follows (Sec. 12):

-First, to the administrative costs and expenses of the Office of the Lottery; and -Second, $250,000 or 1 percent, whichever is greater, to the Division of Substance Abuse and Mental Health of the Department of Health and Social Services to be used exclusively for funding programs for the treatment, education, and assistance of compulsive gamblers and their families; and -Third, costs of the Administrator of Racing and racing inspectors; and -Fourth, the remainder shall be paid into the State's General Fund.

-Requires video lottery agents to be paid and pay additional purses of 4.5 percent of gross table game revenue (Sec. 12). § -Requires any proceeds left after the above highlights to be paid to video lottery agents as their commission (Sec. 12). -Establishes a Lottery Commission in the Department of Finance consisting of five members, providing that they not be members of the Standardbred Owners Association, the Delaware Thoroughbred Horsemen's Association, or an owner, employee or agent of a video lottery agent and that they be appointed by the Governor and confirmed by the Senate (Sec. 20):

-1 certified public accountant; and -1 lawyer; and -1 businessperson; and -1 person with experience in law enforcement; and -1 public member.

-Establishes the powers and duties of the Lottery Commission, including, but not limited to, the following (Sec. 20):

-Provide the Secretary of Finance and Director with advice and guidance with respect to the development of policy in those areas where rule and regulation making authority is entrusted to the Director; -Provide guidance on new initiatives which may from time to time be proposed by the Director and recommend to the Director initiatives that the Commission believes would benefit the Lottery; -Conduct hearings relating to licensing disputes, exclusion list disputes, and other disputes as specified in this Chapter or by rule and regulation; -As it deems necessary, subpoena witnesses and documents, administer and examine person under oath, and appoint hearing officers as the Commission finds appropriate to conduct investigations and hearings; and -Review and approve all regulations issued by the Director on or after July 1, 2010, before such regulations are implemented.

-Establishes a Division of Gaming Enforcement within the Department of Safety and Homeland Security (Sec. 25). -Establishes the powers and duties of the Division of Gaming Enforcement including, but not limited to, the following (Sec. 25):

-Exercise exclusive jurisdiction for the investigation of criminal offenses related to gaming that may occur at any video lottery facility licensed by the State Lottery Office or which occur elsewhere that relate to the operation of the Lottery; -Investigate the background, qualifications and suitability of each applicant before any license is issued by the Director of the State Lottery Office; -Provide assistance upon request by the State Lottery Office in the consideration, promulgation and application of its rules and regulations; -Exchange fingerprint data with, and receive criminal history information from, the Federal Bureau of Investigation for use in considering applicants for any license or registration issued by the State Lottery Office; -Request and receive information, materials and any other data from any licensee or registrant, or applicant for a license or registration; -Notify the State Lottery Office of any information which may affect the continued qualifications or suitability of any licensee or registrant; -Seek to exclude from all licensed video lottery facilities persons whose presence would be inimical to the interest of the State of Delaware or of lottery operations therein; and -Perform other duties necessary and consistent with Chapter 48 of Title 29 of the Delaware Code to maintain public confidence and trust in the credibility and integrity of lottery operations, agents and employees.

-Exempts the sale, lease, transport, ownership, possession, exhibition, manufacture, servicing, marketing or use of a video lottery machine, sports lottery machine, table game equipment or any equipment, supplies, information or data in connection with the operations of a lottery under State control from being violations of the provisions of §§ 1401-1412 of Title 11 of the Delaware Code (Sec. 27).

Full Bill Text