Kentucky Statutes 238.570 – Charitable gaming fee — Charitable gaming regulatory account
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(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 by charitable organizations required to be licensed in the Commonwealth of Kentucky. The amount of the fee shall be adjusted by October 1 of each odd- numbered year in accordance with subsection (3) of this section. Each licensed charitable organization shall remit to the department all moneys due as set forth in administrative regulations promulgated by the department. Failure by a licensed charitable organization to timely remit the fee required under this subsection upon notice of delinquency shall constitute grounds for disciplinary action in accordance 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 Cabinet. All revenues generated from the fee levied in subsection (1) of this section from license fees and from administrative fines imposed by the department shall be deposited in this account. Fund amounts attributable to the fee levied in subsection (1) of this section that are not expended at the close of a fiscal year shall not lapse 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:
1. The amount of gross receipts during the prior biennium against which 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 upcoming biennium for the administration and enforcement of the provisions of this chapter. If a budget is not enacted, the amount shall be 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 Cabinet. The new rate shall be calculated by multiplying one hundred ten percent (110%) by the amount determined in paragraph (a)2. of this subsection, and subtracting from that amount one-half (1/2) of any remaining balance in the account. The total shall then be divided by the amount determined in paragraph (a)1. of this subsection. The result shall be expressed as a percentage and shall be rounded to the nearest thousandth of a percent (0.000%).
Effective: July 15, 2010
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 ch. 157, sec. 1, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 374, sec. 16, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 232, sec. 14, effective April
1, 1998. — Amended 1996 Ky. Acts ch. 331, sec. 13, effective April 10, 1996. — 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 made in 2005 Ky. Acts ch. 157, sec. 1, is retroactive to July 1, 2004.
(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 Cabinet. All revenues generated from the fee levied in subsection (1) of this section from license fees and from administrative fines imposed by the department shall be deposited in this account. Fund amounts attributable to the fee levied in subsection (1) of this section that are not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
Terms Used In Kentucky Statutes 238.570
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- Charitable gaming: means bingo, charity game tickets, raffles, and charity fundraising events conducted for fundraising purposes by charitable organizations licensed and regulated under the provisions of this chapter. See Kentucky Statutes 238.505
- Charitable organization: means a nonprofit entity organized for charitable, religious, educational, literary, civic, fraternal, or patriotic purposes. See Kentucky Statutes 238.505
- Department: means the Department of Charitable Gaming within the Public
Protection Cabinet. See Kentucky Statutes 238.505 - Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gross receipts: means all moneys collected or received from the conduct of charitable gaming. See Kentucky Statutes 238.505
- Statute: A law passed by a legislature.
- Year: means calendar year except as used in subsection (11) of this section and KRS §. See Kentucky Statutes 238.505
(3) (a) No later than July 31 of each odd-numbered year, the Public Protection
Cabinet shall determine:
1. The amount of gross receipts during the prior biennium against which 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 upcoming biennium for the administration and enforcement of the provisions of this chapter. If a budget is not enacted, the amount shall be 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 Cabinet. The new rate shall be calculated by multiplying one hundred ten percent (110%) by the amount determined in paragraph (a)2. of this subsection, and subtracting from that amount one-half (1/2) of any remaining balance in the account. The total shall then be divided by the amount determined in paragraph (a)1. of this subsection. The result shall be expressed as a percentage and shall be rounded to the nearest thousandth of a percent (0.000%).
Effective: July 15, 2010
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 ch. 157, sec. 1, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 374, sec. 16, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 232, sec. 14, effective April
1, 1998. — Amended 1996 Ky. Acts ch. 331, sec. 13, effective April 10, 1996. — 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 made in 2005 Ky. Acts ch. 157, sec. 1, is retroactive to July 1, 2004.