Racing & Gaming Law

Racing and Gaming Law

The KRGC is regulated primarily through the Kansas Lottery Act, the Kansas Expanded Lottery Act (KELA), and the Kansas Parimutuel Racing Act. KELA was created by, and the Lottery Act and the Parimutuel Racing Act were amended through, Senate Bill 66 (SB66) which was passed in 2007. The legislature delegated to the KRGC the task of promulgating rules and regulations to regulate casinos, racetracks, racinos and related licensees, which KRGC does through implementation of regulations known as KARs (Kansas Administrative Regulations.) Below are links to these statutes, regulations and Senate bill:

• Kansas Lottery Act
• Kansas Expanded Lottery Act (KELA)
• Kansas Parimutuel Racing Act

• KELA Regulations
• Parimutuel Regulations

• Senate Bill 66 (SB66)

Administrative Law

Other Kansas statutes are used by KRGC during the administration of its duties, including the Kansas Open Meetings Act (KOMA) and the Kansas Administrative Procedures Act (KAPA.) KOMA is followed by the commission whenever three or more of its members meet to discuss agency business. This primarily occurs during regularly scheduled monthly commission meetings. KAPA is followed whenever the agency takes some action that affects a right held by a person or an organization and that person or organization wants to challenge the agency action. For example, if a casino employee holding an occupational license violates a regulation, the KRGC will issue a Notice of Violation (NOV) that sets forth the facts of the violation and the sanctions that can be levied. Because those sanctions include the possibility that the licensee's license will be revoked or suspended, the licensee has the right to a hearing conducted in accordance with KAPA requirements. Following are links to these satutes and a link to additional helpful information on the Kansas Attorney General's website:

• Kansas Open Meetings Act (KOMA)
• Kansas Administrative Procedures Act (KAPA)
• Open Government - KOMA Resources (Kansas Attorney General’s Office)

KRGC is also subject to the Kansas Open Records Act (KORA.) KORA was created to bring openness to State governance by requiring government agencies to provide access to public records (recorded information made, maintained, kept or possessed by a public agency) unless the record falls under one of several categories of records that are exempt from disclosure. Anyone wishing to make an open records request may send a written request to KRGC’s freedom of information officer at www.krgc.ks.gov. In some cases, KRGC may require proof of the requester’s identity or written certification that the requester will not use the names and addresses found in the documents to solicit the listed individuals. A form is available to assist you in making your request. Below is a link to additional information about KORA, a link to KORA statutes, a KORA request form that you may use to assist you in making your request, and a link to additional helpful information on the Kansas Attorney General’s Office website:

• Kansas Open Records Act (KORA) - Additional Information
• Kansas Open Records Act (KORA) - Kansas Statutes
•  Kansas Open Records Act (KORA) - Request Form
•  Open Government - KORA Resources (Kansas Attorney General’s Office)

Criminal and Nuisance Statutes

KRGC also has responsibility for enforcing certain aspects of illegal gambling. Enforcement is focused on illegal poker rooms and illegal slot machines located in bars, restaurants, fraternal organizations and other locations throughout the state, and is accomplished primarily through civil asset seizure and forfeiture proceedings and through coordination of enforcement efforts with local law enforcement agencies. KRGC also enforces gambling-related crimes found under KELA and the parimutuel racing act (KPRA). Criminal, nuisance, KELA and KPRA statutes related to illegal gambling are:

A: Crimes Against the Public Morals
•    21-6403 – Gambling Definitions
•    21-6404 – Gambling
•    21-6405 – Illegal Bingo Operation
•    21-6406 – Commercial Gambling
•    21-6407 – Dealing in Gambling Devices
•    21-6408 – Unlawful Possession of a Gambling Device
•    21-6409 – Installing Communication Facilities for Gambling
B: Nuisance Statutes
•    22-3901 –Common Nuisances (Civil)
•    22-3905 – Maintenance of a Common Nuisance (Criminal)
C: Crimes Under the Kansas Expanded Lottery Act (KELA)
•    74-8756 – Wager, Loan and Credit Restrictions
•    74-8758 – Wagering Restrictions – Electronic Gaming Machines
•    74-8759 – Manipulating Electronic Gaming Machine Game or Lottery Facility Game
•    74-8760 – Unlawful Wagering
•    74-8761 – VOID (Gray Machines)
•    74-8762 – Restrictions on State and Local Officials and Affiliated Persons
D: Crimes Under the Kansas Pari-mutuel Racing Act
•    74-8804 – Disclosure of Confidential Information
•    74-8810 – Prohibited Acts