SPONSOR Rep. Schwartzkopf _ Rep

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SPONSOR Rep. Schwartzkopf _ Rep Powered By Docstoc
					                                                                   SPONSOR: Rep. Schwartzkopf & Rep. Gilligan & Rep. Cathcart &
                                                                            Rep. D. Short


                                                  HOUSE OF REPRESENTATIVES
                                                   145th GENERAL ASSEMBLY

                                                  HOUSE AMENDMENT NO. 10
                                                                 TO
                                                   HOUSE SUBSTITUTE NO. 1
                                                                FOR
                                                       HOUSE BILL NO. 100



 1            AMEND House Substitute No. 1 for House Bill No. 100 at line 13 by striking the words “Table Gaming and”.

 2            FURTHER AMEND House Substitute No. 1 for House Bill No. 100 by striking lines 25-30 in their entirety and

 3   re-numbering the sub-sections that follow.

 4            FURTHER AMEND House Substitute No. 1 for House Bill No. 100 by inserting the following on line 39 after the

 5   words “Title 3.”:

 6            Ҥ4827. Table Gaming.

 7            It is the intent of the General Assembly that the Director shall be enabled to commence table game operations as

 8   soon as possible, subject to the enactment of legislation addressing the distribution of proceeds therefrom and an

 9   appropriate annual license fee. The Secretary of Finance, the Controller General, and one representative of the racino

10   industry shall submit to the General Assembly, within 75 days from enactment of this section, a proposal for the

11   distribution of table gaming proceeds and an appropriate annual license fee. The representative of the racino industry shall

12   be designated by the existing video lottery agents, the Delaware Thoroughbred Horsemen's Association, and the Delaware

13   Standardbred Owners Association. The three aforementioned persons shall also negotiate and submit to the General

14   Assembly, within 75 days from enactment of this section, such legislation as they determine to be necessary or advisable

15   for the effective administration and enforcement of table games. In the event the three aforementioned persons cannot

16   negotiate a collective resolution of the distribution of table gaming proceeds, an appropriate annual license fee, or such

17   legislation as they determine to be necessary or advisable for the effective administration and enforcement of table games,

18   one or more of the parties shall submit their proposal on the foregoing to the General Assembly within 90 days from

19   enactment of this section.”.




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20            FURTHER AMEND House Substitute No. 1 for House Bill No. 100 by striking Section 10 in its entirety and

21   substituting in lieu thereof a new Section 10 as follows:

22            Section 10. Amend §4815, Title 29 of the Delaware Code by striking subsection (b)(2) in its entirety and by

23   substituting in lieu thereof a new subsection (b)(2) to read:

24            “(2) a. Proceeds returned to the State: Except as otherwise provided by this paragraph, of amounts remaining after

25       all payments to players under paragraph (b)(1) of this section, there shall be returned to the State forty-three and one

26       half percent. For licensees which conducted 40 or fewer (but at least 1) days of live harness horse races during 1992,

27       should such licensees’ video lottery proceeds, net of proceeds returned to players, at the end of any fiscal year fall

28       below $107,500,000, then, in the subsequent fiscal year, there shall be returned to the State forty-two and one half

29       percent of amounts remaining after all payments to players under paragraph (b)(1) of this section.

30                 b. The State shall also receive the funds on each credit slip that has not been presented for redemption within

31       1 year from the date the slip is issued.

32                 c. Application of Funds Retained by the State Lottery. -- The funds retained by the State Lottery shall be

33       applied as follows: first, to the administrative costs and expenses in respect of the video lottery including, but not

34       limited to, administrative expenses including payroll and other employment costs attributable to the operation of the

35       video lottery by the State Lottery Office, law-enforcement and security expenses, including payroll and other

36       employment costs of the State Lottery, the office of the Attorney General and the Delaware State Police, attributable to

37       the operation by the State Lottery of a video lottery; second, $1,000,000 or 1%, whichever is greater, of the proceeds

38       returned to the State under subsection (b)(2), to the Division of Substance Abuse and Mental Health of the Department

39       of Health and Social Services for funding programs for the treatment, education and assistance of compulsive gamblers

40       and their families; third, costs of the Administrator of Racing and racing inspectors referenced in Chapters 100 and 101

41       of Title 3; fourth, the State's contribution to the Delaware Standardbred Breeder's Program and Delaware Certified

42       Thoroughbred Program (DCTP); and fifth, the remainder shall be paid into the State's General Fund.

43                 d. The State's contribution to the Delaware Standardbred Breeder's Program pursuant to this sub-section shall

44       be $750,000, and said amount is to be allocated equally as of January 1st of the calendar year among existing licensees

45       which conduct live harness horse racing, but moneys shall not be expended for the program until such time as a plan

46       has been approved pursuant to paragraph (b)(3)b.2. of this section. The State's contribution to the Delaware Certified

47       Thoroughbred Program (DCTP) pursuant to this sub-section shall be $250,000, and said amount shall be allocated as of

48       January 1 of each calendar year to the existing licensee which conducts live thoroughbred horse racing, but moneys



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49        shall not be expended for the program until such time as a plan has been approved pursuant to paragraph (b)(3)b.1. of

50        this section.”.

51            FURTHER AMEND House Substitute No. 1 for House Bill No. 100 on line 200 by striking each occurrence of

52   “$4,500,000” and substituting in lieu thereof “$4,000,000”.

                                                              SYNOPSIS
             This amendment removes the section proposing that the State study table gaming and creates a new section by
     which it is made clear that it is the intent of the General Assembly that the Director will commence table gaming as soon
     as possible, subject to the enactment of legislation addressing the distribution of proceeds from table gaming and an
     appropriate license fee. The legislation provides that the distribution of proceeds from table gaming and the license fee
     will be negotiated by a representative of the Delaware racino industry, the Secretary of Finance and the Controller General,
     and will be submitted by them to the General Assembly within 75 days after enactment of the legislation. The same
     persons will negotiate and submit to the General Assembly on the same schedule such legislation as they determine to be
     necessary or advisable for the effective administration and enforcement of table games.
             This amendment also reduces the amount of video lottery proceeds retained by the State from 45 percent to 43.5
     percent, except for any video lottery agent which conducted 40 or fewer (but at least 1) days of live harness horse races
     during 1992, for whom the State shall retain 42.5% in the event that such licensees’ video lottery proceeds in the prior
     fiscal year fall below $107,500,000.
             This amendment also reduces the annual license fee due collectively from the video lottery agents from $4,500,000
     per year to $4,000,000 per year.




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