SECOND REGULAR SESSION

SENATE BILL NO. 616

89TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR McKENNA.

Pre-filed December 19, 1997, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

S2187.02I


AN ACT

To repeal section 313.065, RSMo Supp. 1997, relating to bingo, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 313.065, RSMo Supp. 1997, is repealed and one new section enacted in lieu thereof, to be known as section 313.065, to read as follows:

313.065.  The administration of sections 313.005 to 313.080 shall be vested in the commission which shall have power to adopt and enforce rules and regulations to regulate and license the management, operation and conduct of games of bingo and participants therein and to properly administer and enforce the provisions of sections 313.005 to 313.080. The authority of the commission to administer sections 313.005 to 313.080 shall not include the regulation and inspection of premises which are used to conduct games of bingo other than as specified herein.  The regulation and inspection of the premises used to conduct games of bingo shall be limited to only those areas accessible to the general public during the actual time in which bingo is being played and shall only include the twenty-four hour period immediately preceding the commencement of a game of bingo and the twenty-four hour period immediately following the conclusion of a game of bingo.  [No rule or portion of a rule promulgated under the authority of sections 313.005 to 313.080 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in sections 313.005 to 313.080 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo.  All rulemaking authority delegated prior to the effective date of this section is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to the effective date of this section if it fully complied with the provisions of chapter 536, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority in sections 313.005 to 313.080 and any rule proposed or adopted after the effective date of this section shall be invalid and void.


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