A BILL TO BE ENTITLED
AN ACT to allow the north carolina state lottery commission to license and regulate off‑track pari‑mutuel horse race wagering.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 18C of the General Statutes reads as rewritten:
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"§ 18C‑102.  Purpose and intent.
The General Assembly declares that the purpose of this Chapter is to establish a Lottery Commission to regulate and maintain a State‑operated lottery and other gaming activities to generate funds for the public purposes described in this Chapter.
"§ 18C‑103.  Definitions.
As used in this Chapter, unless the context requires otherwise:
(1)	"Commission" means the North Carolina State Lottery Commission.
(2)	"Commissioner" means a member of the Commission.
(3)	"Director" means the person selected by the Commission to be the chief administrator of the North Carolina State Lottery.
(4)	"Game" or "lottery game" means any procedure or amusement authorized by the Commission where prizes are distributed among persons who have paid, or unconditionally agreed to pay, for tickets or shares that provide the opportunity to win those prizes and does not utilize a video gaming machine as defined in G.S. 14‑306.1(c).
(4a)	"Licensed organization" means an organization licensed by the Commission to hold off‑track pari‑mutuel wagering pursuant to this Chapter and rules promulgated by the Commission.
(5)	"Lottery" means any lottery game or series of games established and operated pursuant to this Chapter.
(6)	"Lottery contractor" means a person other than a lottery retailer with whom the Commission has contracted for the purpose of providing goods or services to the Commission on an ongoing basis.
(6a)	"Lottery supplier" means a person, other than a lottery retailer, with whom the Commission has contracted for the purpose of providing goods or services to the Commission for an individual purchase which may include a maintenance program.
(6b)	"Pari‑mutuel wagering" means a form of wagering on the outcome of horse races in which wagers are purchased on a horse or horses and all wagers for each race are pooled and held by the licensed organization for distribution.
(6c)	"Pari‑mutuel pool" means the total money wagered by individuals on any horse or horses in a particular horse race to win, place, or show and held by the licensed organization for pari‑mutuel wagering.
(7)	"Person" means any natural person or corporation, limited liability company, trust, association, partnership, joint venture, subsidiary, or other business entity.
(7a)	"Potential contractor" or "lottery potential contractor" means any person other than a lottery retailer who submits a bid, proposal, or offer to procure a contract for goods or services for the Commission on an ongoing basis.
(8)	"Retailer", "lottery retailer", or "lottery game retailer" means a person with whom the Commission has contracted to sell tickets or shares in lottery games.
(9)	"Share" means any method of participation in a lottery game, other than by a ticket purchased on an equivalent basis with a ticket.
(10)	"Ticket" means any tangible evidence authorized by the Commission to demonstrate participation in a lottery game.
(11)	Repealed by Session Laws 2009‑357, s. 5, effective July 27, 2009.
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"§ 18C‑110.  Establishment of the North Carolina State Lottery Commission to be a self‑supporting agency of the State.
There is created the North Carolina State Lottery Commission to establish and oversee the operation of a Lottery and to regulate other gaming activities. The Commission shall be located in the Department of Commerce for budgetary purposes only; otherwise, the Commission shall be an independent, self‑supporting, and revenue‑raising agency of the State. The Commission shall reimburse other governmental entities that provide services to the Commission.
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"§ 18C‑114.  Powers and duties of the Commission.
(a)	The Commission shall have the following powers and duties:
(1)	To specify the types of lottery games and gaming technology to be used in the Lottery and other gaming activities regulated by the Commission.
(2)	To prescribe the nature of lottery advertising which shall comply with the following:
a.	All advertising shall include resources for responsible gaming information.
b.	No advertising may intentionally target specific groups or economic classes.
c.	No advertising may be misleading, deceptive, or present any lottery game as a means of relieving any person's financial or personal difficulties.
d.	No advertising may have the primary purpose of inducing persons to participate in the Lottery.
(3)	To specify the number and value of prizes for winning tickets or shares in lottery games, including cash prizes, merchandise prizes, prizes consisting of deferred payments or annuities, and prizes of tickets or shares in the same lottery game or other lottery games.
(4)	To specify the rules of lottery games and other gaming activities regulated by the Commission and the method for determining winners of lottery games.
(5)	To specify the retail sales price for tickets or shares for lottery games.
(6)	To establish a system to claim prizes and pool winnings, including determining the time periods within which prizes and pool winnings must be claimed, to verify the validity of tickets or shares claimed to win prizes and pool winnings, and to effect payment of those prizes and pool winnings.
(7)	To conduct a background investigation, including a criminal history record check, of applicants for the position of Director, which may include a search of the State and National Repositories of Criminal Histories based on the fingerprints of applicants.
(8)	To charge a fee of potential contractors and lottery contractors to not exceed the cost of the criminal record check of the potential licensed organizations, contractors, and lottery contractors.
(9)	To specify the manner of distribution, dissemination, or sale of lottery tickets or shares to lottery game retailers or directly to the public.
(10)	To determine the incentives, if any, for any lottery employees, lottery retailers, lottery contractors, or electronic computer terminal operators.
(11)	To specify the authority, compensation, and role of the Director, and to specify the authority, selection, and role of the other employees of the Commission. All of the following apply to all employees of the Commission:
a.	No employee of the Commission may have a financial interest in any licensed organization, lottery potential contractor or lottery contractor, other than an interest as part of a mutual fund.
b.	No employee of the Commission with decision‑making authority shall participate in any decision involving the licensed organization, retailer, or potential contractor with whom the employee has a financial interest.
c.	No employee of the Commission who leaves the employment of the Commission may represent any licensed organization, lottery contractor, potential contractor, or retailer before the Commission for a period of one year following termination of employment with the Commission.
d.	A background investigation shall be conducted on each applicant for employment with the Commission.
e.	The Commission shall bond all employees with access to lottery funds or revenue or security.
(12)	To approve and authorize the Director to enter into agreements with other states to operate and promote multistate lotteries consistent with the purposes set forth in this Chapter.
(13)	Any other powers necessary for the Commission to carry out its responsibilities under this Chapter.
(b)	Article 15 of Chapter 143B of the General Statutes shall not apply to the Commission.
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"§ 18C‑120.  Selection of the Director; powers and duties.
(a)	The Commission shall select a Director to operate and administer the Lottery and to serve as the Secretary of the Commission. Except as to the provisions of Articles 6 and 7 of Chapter 126 of the General Statutes, the Director shall be exempt from the North Carolina Human Resources Act.
(b)	The Director shall have the following powers and duties, under the supervision of the Commission:
(1)	To provide for the reporting of payment of pool winnings and lottery game prizes to State and federal tax authorities and for the withholding of State and federal income taxes from pool winnings lottery game prizes as provided in State and federal law.
(2)	To conduct a background investigation, including a criminal history record check, of applicants for employment with the Commission, licensed organizations, lottery retailers, and lottery potential contractors, which may include a search of the State and National Repositories of Criminal Histories based on the fingerprints of applicants.
(3)	To set the salaries of all Commission employees, subject to the approval of the Commission. Except for the provisions of Articles 6 and 7 of Chapter 126 of the General Statutes, all employees of the Commission shall be exempt from the North Carolina Human Resources Act.
(4)	To enter into contracts with lottery retailers, lottery contractors, or lottery suppliers upon approval by the Commission.
(5)	To provide for the security and accuracy in the operation and administration of the Commission, the Lottery, and other gaming activities, including examining the background of all prospective licensed organizations, employees, lottery potential contractors, lottery contractors, and lottery retailers.
(6)	To coordinate and collaborate with the appropriate law enforcement authorities regarding investigations of violations of the laws relating to the operation of the Lottery and other gaming activities and make reports to the Commission regarding those investigations.
(7)	To confer with the Commission on the operation and administration of the Lottery and make available for inspection by the Commission all books, records, files, documents, and other information of the Lottery.
(8)	To study the operation and administration of other lotteries and gaming activities in other states and to collect demographic and other information concerning the Lottery and other gaming activities and make recommendations to improve the operation and administration of the Lottery and other gaming activities to the Commission, to the Governor, and to the General Assembly.
(9)	To provide monthly financial reports to the Commission of all lottery revenues, prize disbursements, expenses, net revenues, and all other financial transactions involving lottery funds.
(10)	To enter into agreements with other states to operate and promote multistate lotteries consistent with the purposes set forth in this Chapter and upon the approval of the Commission.
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"§ 18C‑170.  Preemption of local regulation.
A county or municipality shall not enact any ordinance or regulation relating to the Lottery or any other gaming activities regulated by the Commission, and this Chapter preempts all existing county or municipal ordinances or regulations that would impose additional restrictions or requirements in the operation of the Lottery or other gaming activities regulated by the Commission. To the extent that this Chapter conflicts with any local act, this Chapter prevails to the extent of the conflict.
"§ 18C‑171.  Lawful activity.
Other than this Chapter, any other public or local law, ordinance, or regulation providing any penalty, restriction, regulation, or prohibition for the manufacture, transportation, storage, distribution, advertising, possession, or sale of any lottery tickets or shares, or for the operation of any lottery game or other gaming activity shall not apply to the operation of the Commission or lottery games or other gaming activity established or regulated by this Chapter where the penalty, restriction, regulation, or prohibition applies only to the Lottery or other gaming activity as operated or regulated by the North Carolina State Lottery Commission.
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"Article 9.
"Pari‑Mutuel Wagering.
"§ 18C‑180.  License required for holding pari‑mutuel wagering; exemptions.
(a)	No person shall hold off‑track pari‑mutuel wagering in this State without a license issued by the Commission and compliance with all provisions of this Article and all rules and regulations promulgated by the Commission.
(b)	Nothing in this Article shall be deemed to require licensure for any fair or other event sponsored by the State or any of its subdivisions.
"§ 18C‑181.  Licensed organizations; requirements.
(a)	Any person desiring to hold off‑track pari‑mutuel wagering in this State shall apply to the Commission for an organization license on a form to be prescribed by the Commission. The application shall contain at least all of the following:
(1)	The name and address of the entity applying for licensure.
(2)	A certified copy of any organizing documents for the entity applying for licensure.
(3)	To the extent applicable, the names and addresses of officers, directors, managers, shareholders, and partners of the entity applying for licensure.
(4)	The address of the locations where the off‑track pari‑mutuel wagering held by the entity applying for licensure will occur.
(5)	Any other information the Commission deems relevant.
(b)	No person shall own any silent or undisclosed interest in any entity applying for licensure. The Commission shall not issue a license to any applicant that fails to comply with the requirements of this section.
(c)	Off‑track pari‑mutuel wagering must be in compliance with 15 U.S.C. § 3001, et seq., and any other applicable laws. Wagers may be placed in separate pari‑mutuel pools or be combined with other licensed organizations located in this State.
(d)	It is unlawful for any person to conduct off‑track pari‑mutuel wagering without being currently licensed according to all necessary State and federal requirements.
(e)	The Commission shall charge an application fee for each application submitted in an amount not to exceed one thousand dollars ($1,000) for each location authorized in the application. Applications shall be renewed annually.
(f)	A licensed organization shall provide a place or establishment to its patrons at which the licensed organization has received Commission approval to conduct, operate, and supervise wagering and where the public may view the progress of wagering and the odds paid.
(g)	A licensed organization shall maintain records of all wagering activity for each off‑track race conducted, including dates, times, wagers placed, odds given, claims paid, breakage amounts, and any unclaimed payouts.
(h)	The Commission may deny, revoke, or suspend any license issued upon reason to believe a violation of this Article or any promulgated rule has occurred.
"§ 18C‑182.  Distribution of wager proceeds; inspection of records; audits; bond.
(a)	At least quarterly, an amount equaling twenty percent (20%) of all money wagered at each licensed location shall be remitted to the Commission by the licensed organization. The licensed organization shall also submit a copy of the wagering records recorded for the relevant period. Amounts remitted to the Commission pursuant to this subsection shall be credited to the North Carolina State Lottery Fund established in G.S. 18C‑160.
(b)	Winnings that remain unclaimed after the period set by the Commission for claiming the winnings shall not be considered abandoned property. If a valid claim is not made for winnings within the applicable period, the unclaimed winnings shall be handled in accordance with rules adopted by the Commission.
(c)	The Commission shall periodically inspect the wagering records maintained by a licensed organization. As a condition of licensure, the Commission may require an audit of wagering records by an independent certified public accountant and the posting of a bond in an amount not to exceed one million dollars ($1,000,000).
(d)	All winnings are subject to the State income tax.
"§ 18C‑183.  Persons prohibited from wagering.
(a)	It shall be unlawful for a person to allow a person under the age of 18 years to participate in pari‑mutuel wagering. No person under the age of 18 years shall participate in pari‑mutuel wagering. No winnings shall be paid to a person under the age of 18. A person who violates this subsection shall be guilty of a Class 1 misdemeanor.
(b)	It shall be a defense for the person who operates pari‑mutuel wagering in violation of subsection (a) of this section if the person does either of the following:
(1)	Shows that the participant produced a valid drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the participant to be at least 18 years old and bearing a physical description of the person named on the card that reasonably describes the participant.
(2)	Produces evidence of other facts that reasonably indicated at the time of sale that the participant was at least 18 years old.
(c)	No wager shall be made by, and no winnings shall be paid to, a member of the Commission, the Director, or employee of the Commission, or to any spouse, parent, or child living in the same household as a person disqualified by this subsection.
"§ 18C‑184.  Rule making.
The Commission shall establish, by rule, all necessary regulations, forms, and procedures needed to carry out the provisions of this Article."
SECTION 2.  This act becomes effective January 1, 2020.