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§ 3b. Regulation, licensing and taxation of horse and dog racing and parimutuel wagering thereon. Notwithstanding the provisions of section 3 of article 15 of the constitution of the state of Kansas, the legislature may permit, regulate, license and tax, at a rate not less than 3% nor more than 6% of all money wagered, the operation or conduct, by bona fide nonprofit organizations, of horse and dog racing and parimutuel wagering thereon in any county in which: (a) A majority of the qualified electors of the county voting thereon approve this proposed amendment; or (b) the qualified electors of the county approve a proposition, by a majority vote of those voting thereon at an election held within the county, to permit such racing and wagering within the boundaries of the county. No off-track betting shall be permitted in connection with horse and dog racing permitted pursuant to this section.

History: L. 1986, ch. 416; November 4, 1986.

Cross References to Related Sections:

Regulation, licensing and taxation generally, see 74-8801 et seq.

Attorney General's Opinions:

Crimes and punishments; code; crimes against the public morals; pull-tab games at bingo games. 87-171.

Parimutuel racing; Kansas parimutuel racing act; robotic racing; betting in public buildings. 88-81.

Electronic wagering or simulcasting between licensed Kansas parimutuel race tracks. 88-116.

Parimutuel racing; simulcasting between states. 90-90.

Lotteries; Indian gaming regulating act. 91-119, 92-1.

State-owned and operated lottery defined. 94-26.

CASE ANNOTATIONS

1. Discretion and powers of Kansas racing commission regarding issuance of organization and facility licenses (74-8801 et seq.) examined. Kansas Racing Management, Inc. v. Kansas Racing Comm'n, 244 Kan. 343, 346, 770 P.2d 423 (1989).

2. Racing commission's lack of authority to refund deposit of forfeited licensee (74-8815) determined. State ex rel. Stephan v. Kansas Racing Comm'n, 246 Kan. 708, 709, 792 P.2d 971 (1990).

3. Amendment to Article 11, § 1 of Kansas Constitution as self-executing relative to assessment and taxation of property noted. Colorado Interstate Gas Co. v. Board of Morton County Comm'rs, 247 Kan. 654, 659, 802 P.2d 584 (1990).

4. Cited; governor lacked legislative authority to bind state in negotiating with Kickapoo nation on gaming compact. State ex rel Stephan v. Finney, 251 Kan. 559, 570, 836 P.2d 1169 (1992).

5. Cited in holding that phrase "gambling place" in K.S.A. 21-4303 does not require showing of previous use for gambling. State v. Schlein, 253 Kan. 205, 218, 854 P.2d 296 (1993).

6. Cited; whether the term "lottery" construed as used in Kansas Constitution for Indian gaming regulatory act purposes. State ex rel. Stephan v. Finney, 254 Kan. 632, 645, 647, 867 P.2d 1034 (1994).