238.570 Charitable gaming fee -- Charitable gaming regulatory account.
(1) A fee is imposed on charitable gaming in the amount of fifty-three hundredths of
one percent (0.53%) of gross receipts derived from all charitable gaming conducted <br>by charitable organizations required to be licensed in the Commonwealth of <br>Kentucky. The amount of the fee shall be adjusted by October 1 of each odd-<br>numbered year in accordance with subsection (3) of this section. Each licensed <br>charitable organization shall remit to the department all moneys due as set forth in <br>administrative regulations promulgated by the department. Failure by a licensed <br>charitable organization to timely remit the fee required under this subsection upon <br>notice of delinquency shall constitute grounds for disciplinary action in accordance <br>with KRS 238.560.
(2) The charitable gaming regulatory account is hereby created as a revolving account
within the agency revenue fund and under the control of the Public Protection <br>Cabinet. All revenues generated from the fee levied in subsection (1) of this section <br>from license fees and from administrative fines imposed by the department shall be <br>deposited in this account. Fund amounts attributable to the fee levied in subsection <br>(1) of this section that are not expended at the close of a fiscal year shall not lapse <br>but shall be carried forward to the next fiscal year.
(3) (a) No later than July 31 of each odd-numbered year, the Public Protection
Cabinet shall determine: <br>1.
The amount of gross receipts during the prior biennium against which <br>the fee collected under subsection (1) of this section was assessed; and
2.
The final budgeted amount as determined by the enacted budget for the <br>upcoming biennium for the administration and enforcement of the <br>provisions of this chapter. If a budget is not enacted, the amount shall be <br>the corresponding amount in the last enacted budget.
(b) On October 1 of each odd-numbered year, the fee assessed under subsection
(1) of this section shall be proportionally adjusted by the Public Protection <br>Cabinet. The new rate shall be calculated by multiplying one hundred ten <br>percent (110%) by the amount determined in paragraph (a)2. of this <br>subsection, and subtracting from that amount one-half (1/2) of any remaining <br>balance in the account. The total shall then be divided by the amount <br>determined in paragraph (a)1. of this subsection. The result shall be expressed <br>as a percentage and shall be rounded to the nearest thousandth of a percent <br>(0.000%).
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 548, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 120, sec. 3, effective June 26, 2007. -- Amended 2005 Ky. Acts <br>ch. 157, sec. 1, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 374, sec. 16, <br>effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 232, sec. 14, effective April <br>1, 1998. -- Amended 1996 Ky. Acts ch. 331, sec. 13, effective April 10, 1996. -- <br>Created 1994 Ky. Acts ch. 66, sec. 15, effective March 16, 1994.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 157, sec. 2,
states that the amendment to the amount of the fee in subsection (1) of this statute <br>made in 2005 Ky. Acts ch. 157, sec. 1, is retroactive to July 1, 2004.
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