2005 Regular Session
By: Representative Moak
AN ACT TO AUTHORIZE THE MISSISSIPPI GAMING COMMISSION TO PURCHASE INSURANCE TO COVER LOST GAMING TAX REVENUE AS THE RESULT OF NATURAL DISASTERS; TO AMEND SECTIONS 75-76-21 AND 75-76-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Mississippi Gaming Commission and the executive director of the commission are authorized to purchase insurance to cover gaming tax revenue losses caused as the result of any natural disaster. The coverage shall be in an amount determined by the commission to be adequate. The cost of such insurance shall be paid by the commission from funds appropriated by the Legislature for that purpose.
SECTION 2. Section 75-76-21, Mississippi Code of 1972, is amended as follows:
75-76-21. (1) The executive director in pursuit of the attainment of the objectives and the purposes of this chapter may:
(a) Sue and be sued on behalf of the commission;
(b) Acquire real property in accordance with statutory procedure and make improvements thereon on behalf of the commission;
(c) Make, execute and effectuate any and all agreements or contracts, including contracts for the purchase of goods and services as are necessary;
(d) Employ the services of such persons as he considers necessary for the purposes of consultation or investigation and fix the salaries of or contract for the services of such legal, professional, technical and operational personnel and consultants, subject to applicable provisions of the State Personnel Board. For the purpose of implementing the provisions of this chapter, additional legal assistance may be retained only with the approval of the Attorney General;
(e) Acquire such furnishings, equipment, supplies, stationery, books, and all other things as he may deem necessary or desirable in carrying out his functions; and
(f) Perform such other duties which he may deem necessary to effectuate the purposes of this chapter.
(2) Except as otherwise provided in this chapter, all costs of administration incurred by the executive director and his employees shall be paid out on claims from the State Treasury in the same manner as other claims against the state are paid.
(3) The executive director is authorized to employ up to twenty-five (25) time-limited employees. Such employees shall be employed under authority and with approval of the State Tax Commission. This subsection shall stand repealed on October 1, 1993.
(4) The executive director, with the approval of the Mississippi Gaming Commission, is authorized to purchase insurance to cover gaming tax revenue losses which are the result of natural disasters as provided in Section 1 of House Bill No. 1449, 2005 Regular Session.
SECTION 3. Section 75-76-33, Mississippi Code of 1972, is amended as follows:
75-76-33. (1) The commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter, as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter.
(2) These regulations shall, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a license or for a manufacturer's, seller's or distributor's license must follow and complete before consideration of his application by the executive director or the commission.
(b) Prescribing the information to be furnished by any applicant or licensee concerning his antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Prescribing the information to be furnished by a licensee relating to his employees.
(d) Requiring fingerprinting of an applicant or licensee, and gaming employees of a licensee, or other methods of identification and the forwarding of all fingerprints taken pursuant to regulation of the Federal Bureau of Investigation.
(e) Prescribing the manner and procedure of all hearings conducted by the commission or any hearing examiner of the commission, including special rules of evidence applicable thereto and notices thereof.
(f) Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the commission, except that no applicant for an initial license shall be required to pay any part of the fees or costs of the investigation of the applicant with regard to the initial license.
(g) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(h) Prescribing under what conditions a licensee may be deemed subject to revocation or suspension of his license.
(i) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the commission, except any privilege afforded by the Constitution of the United States or this state.
(j) Defining and limiting the area, games and devices permitted, and the method of operation of such games and devices, for the purposes of this chapter.
(k) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(l) Governing the use and approval of gambling devices and equipment.
(m) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others are permitted to practice before the commission.
(n) Restricting access to confidential information obtained under this chapter and ensuring that the confidentiality of such information is maintained and protected.
(o) Prescribing the manner and procedure by which the executive director on behalf of the commission shall notify a county or a municipality wherein an applicant for a license desires to locate.
(p) Prescribing the manner and procedure for an objection to be filed with the commission and the executive director by a county or municipality wherein an applicant for a license desires to locate.
(q) Purchasing insurance to cover gaming tax revenue losses as provided in Section 1 of House Bill No. 1449, 2005 Regular Session.
(3) Notwithstanding any other provision of law, each licensee shall be required to comply with the following regulations:
(a) No wagering shall be allowed on the outcome of any athletic event, nor on any matter to be determined during an athletic event, nor on the outcome of any event which does not take place on the premises.
(b) No wager may be placed by, or on behalf of, any individual or entity or group, not present on a licensed vessel or cruise vessel.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.