313.004. Gaming commission, established, members, appointment--meetings--powers, duties--assigned to department of public safety--compensation, expenses--restricted activities--contracts, permissible-

MISSOURI STATUTES AND CODES

313.004. Gaming commission, established, members, appointment--meetings--powers, duties--assigned to department of public safety--compensation, expenses--restricted activities--contracts, permissible-

Gaming commission, established, members,appointment--meetings--powers, duties--assigned to department ofpublic safety--compensation, expenses--restrictedactivities--contracts, permissible--criminal records ofapplicants open to commission.

313.004. 1. There is hereby created the "Missouri GamingCommission" consisting of five members appointed by the governor,with the advice and consent of the senate. Each member of theMissouri gaming commission shall be a resident of this state. Nomember shall have pled guilty to or shall have been convicted ofa felony or gambling-related offense. Not more than threemembers shall be affiliated with the same political party. Nomember of the commission shall be an elected official. Theoverall membership of the commission shall reflect experience inlaw enforcement, civil and criminal investigation and financialprinciples.

2. The initial members of the commission shall be appointedwithin thirty days of April 29, 1993. Of the members firstappointed, one shall be appointed for a one-year term, two shallbe appointed for a two-year term and two shall be appointed for athree-year term. Thereafter, all members appointed shall servefor a three-year term. No person shall serve as a member morethan six years. The governor shall designate one of the membersas the chair. The governor may remove any member of thecommission from office for malfeasance or neglect of duty inoffice. The governor may also replace any member of thecommission, with the advice and consent of the senate, when anyresponsibility concerning the state lottery, pari-mutuel wageringor any other form of gaming is placed under the jurisdiction ofthe commission.

3. The commission shall meet at least quarterly inaccordance with its rules. In addition, special meetings may becalled by the chair or any two members of the commission upontwenty-four-hour written notice to each member. No action of thecommission shall be binding unless taken at a meeting at which atleast three of the five members are present and shall vote infavor thereof.

4. The commission shall perform all duties and have all thepowers and responsibilities conferred and imposed upon itrelating to excursion gambling boats and, after June 30, 1994,the lawful operation of the game of bingo under this chapter.Within the commission, there shall be established a division ofgambling and after June 30, 1994, the division of bingo. Subjectto appropriations, the commission may hire an executive directorand any employees as it may deem necessary to carry out thecommission's duties. The commission shall have authority torequire investigations of any employee or applicant foremployment as deemed necessary and use such information or anyother information in the determination of employment. Thecommission shall promulgate rules and regulations establishing acode of ethics for its employees which shall include, but not belimited to, restrictions on which employees shall be prohibitedfrom participating in or wagering on any game or gaming operationsubject to the jurisdiction of the commission. The commissionshall determine if any other employees of the commission or anylicensee of the commission shall participate or wager in anyoperation under the jurisdiction of the commission.

5. On April 29, 1993, all the authority, powers, duties,functions, records, personnel, property, matters pending and allother pertinent vestiges of the state tourism commission relatingto the regulation of excursion gambling boats and, after June 30,1994, of the department of revenue relating to the regulation ofthe game of bingo shall be transferred to the Missouri gamingcommission.

6. The commission shall be assigned to the department ofpublic safety as a type III division, but the director of thedepartment of public safety has no supervision, authority orcontrol over the actions or decisions of the commission.

7. Members of the Missouri gaming commission shall receiveas compensation, the amount of one hundred dollars for every dayin which the commission holds a meeting, when such meeting issubject to the recording of minutes as provided in chapter 610,RSMo, and shall be reimbursed for reasonable expenses incurred inthe performance of their duties. The chair shall receive asadditional compensation one hundred dollars for each month suchperson serves on the commission in that capacity.

8. No member or employee of the commission shall beappointed or continue to be a member or employee who is licensedby the commission as an excursion gambling boat operator orsupplier and no member or employee of the commission shall beappointed or continue to be a member or employee who is relatedto any person within the second degree of consanguinity oraffinity who is licensed by the commission as an excursiongambling boat operator or supplier. The commission shalldetermine by rule and regulation appropriate restrictions on therelationship of members and employees of the commission topersons holding or applying for occupational licenses from thecommission or to employees of any licensee of the commission. Nopeace officer, as defined by section 590.100, RSMo, who isdesignated to have direct regulator authority related toexcursion gambling boats shall be employed by any excursiongambling boat or supplier licensed by the commission whileemployed as a peace officer. No member or employee of thecommission or any employee of the state attorney general's officeor the state highway patrol who has direct authority over theregulation or investigation of any applicant or licensee of thecommission or any peace officer of any city or county which hasapproved excursion boat gambling shall accept any gift orgratuity from an applicant or licensee while serving as a memberor while under such employment. Any person knowingly inviolation of the provisions of this subsection is guilty of aclass A misdemeanor. Any such member, officer or employee whopersonally or whose prohibited relative knowingly violates theprovisions of this subsection, in addition to the foregoingpenalty, shall, upon conviction, immediately and thereuponforfeit his office or employment.

9. The commission may enter into agreements with theFederal Bureau of Investigation, the Federal Internal RevenueService, the state attorney general or any state, federal orlocal agency the commission deems necessary to carry out theduties of the commission. No state agency shall count employeesused in any agreements entered into with the commission againstany personnel cap authorized by any statute. Any considerationpaid by the commission for the purpose of entering into, or tocarry out, any agreement shall be considered an administrativeexpense of the commission. When such agreements are entered intofor responsibilities relating to excursion gambling boats, thecommission shall require excursion gambling boat licensees to payfor such services under rules and regulations of the commission.The commission may provide by rules and regulations for theoffset of any prize or winnings won by any person making a wagersubject to the jurisdiction of the commission, when practical,when such person has an outstanding debt owed the state ofMissouri.

10. No person who has served as a member or employee of thecommission, as a member of the general assembly, as an elected orappointed official of the state or of any city or county of thisstate in which the licensing of excursion gambling boats has beenapproved in either the city or county or both or any employee ofthe state highway patrol designated by the superintendent of thehighway patrol or any employee of the state attorney general'soffice designated by the state attorney general to have directregulatory authority related to excursion gambling boats shall,while in such office or during such employment and during thefirst two years after termination of his office or position,obtain direct ownership interest in or be employed by anyexcursion gambling boat licensed by the commission or which hasapplied for a license to the commission or enter into acontractual relationship related to direct gaming activity. A"direct ownership interest" shall be defined as any financialinterest, equitable interest, beneficial interest, or ownershipcontrol held by the public official or employee, or such person'sfamily member related within* the second degree of consanguinityor affinity, in any excursion gambling boat operation or anyparent or subsidiary company which owns or operates an excursiongambling boat or as a supplier to any excursion gambling boatwhich has applied for or been granted a license by thecommission, provided that a direct ownership interest shall notinclude any equity interest purchased at fair market value orequity interest received as consideration for goods and servicesprovided at fair market value of less than one percent of thetotal outstanding shares of stock of any publicly tradedcorporation or certificates of partnership of any limitedpartnership which is listed on a regulated stock exchange orautomated quotation system. Any person who knowingly violatesthe provisions of this subsection is guilty of a class D felony.Any such member, officer or employee who personally and knowinglyviolates the provisions of this subsection, in addition to theforegoing penalty, shall, upon conviction, immediately andthereupon forfeit his office or employment. For purposes of thissubsection, "appointed official" shall mean any official of thisstate or of any city or county authorized under subsection 10 ofsection 313.812 appointed to a position which has discretionarypowers over the operations of any licensee or applicant forlicensure by the commission. This shall only apply if theappointed official has a direct ownership interest in anexcursion gambling boat licensed by the commission or which hasapplied for a license to the commission to be docked within thejurisdiction of his or her appointment. No elected or appointedofficial, his or her spouse or dependent child shall, while insuch office or within two years after termination of his or heroffice or position, be employed by an applicant for an excursiongambling boat license or an excursion gambling boat licensed bythe commission. Any other person related to an elected orappointed official within the second degree of consanguinity oraffinity employed by an applicant for an excursion gambling boatlicense or excursion gambling boat licensed by the commissionshall disclose this relationship to the commission. Suchdisclosure shall be in writing and shall include who is employingsuch individual, that person's relationship to the elected orappointed official, and a job description for which the person isbeing employed. The commission may require additionalinformation as it may determine necessary.

11. The commission may enter into contracts with anyprivate entity the commission deems necessary to carry out theduties of the commission, other than criminal law enforcement,provision of legal counsel before the courts and other agenciesof this state, and the enforcement of liquor laws. Thecommission may require provisions for special auditingrequirements, investigations and restrictions on the employees ofany private entity with which a contract is entered into by thecommission.

12. Notwithstanding the provisions of chapter 610, RSMo, tothe contrary, all criminal justice records shall be available toany agency or commission responsible for licensing orinvestigating applicants or licensees applying to any gamingcommission of this state.