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PUBLIC PARTICIPATION — Chair Lancaster called for public participation and no one <br /> responded. <br /> 9. DISCUSSION & POSSIBLE ACTION REGARDING GAMING MACHINES IN HALL <br /> COUNTY- Lancaster noted that at the last board meeting they ask County Attorney Marty Klien <br /> if these machines were legal. Lancaster noted that she learned from a state senator that <br /> effective January 1, 2020 LB 70 will become effective regarding the gaming machines. She <br /> also talked to Mr. David Gier with the Department of Revenue gaming division and he stated he <br /> would not be able to address the board until the end of October. The revenue department <br /> needs time to decide how they are going to oversee the machines. <br /> Quandt noted that Fonner Park has permission to have the machines at Fonner. <br /> Hartman expressed concern what that will do to keno. <br /> County Attorney Marty Klein stated he looked at the legislative hearing on LB 70 and there <br /> wasn't a clear opinion if the games are games of chance or games of skill and the burden of <br /> proof would be on the State to determine if they are legal. During the legislative hearing it was <br /> noted that it would be difficult to prosecute on the legality of the machines so they decided to tax <br /> the machines. The owners would need to buy the tax stamps. He stated not sure about the <br /> new legislation but it would be cost prohibitive to prosecute on these machines. <br /> The new legislation will not be effective until January 1, 2020. <br /> Hartman asked if the machines are illegal and County Attorney Klein stated they machines are <br /> software based and it had to be determined if they were games of skill or games of chance so <br /> the legislature taxed the machines. Hartman questioned why Fonner does not own the <br /> machines and Ms. Bosselman stated she does not know why they do not. <br /> Quandt expressed concern that the keno proceeds are down. Marty noted that he is not sure <br /> where the tax revenue would go on the gaming machines. <br /> Lancaster noted that the machines would not be charitable gaming. <br /> Richardson noted that last spring Hall County had the highest keno generating months. These <br /> other games have been around for 11 years. <br /> Pam keno was down $50,000 over previous years. The new regulations will not be in place until <br /> January 2020 the information can be found on the secretary of state website. She also noted <br /> there are petitions being circulated regarding gambling and it will be put to a vote of the people. <br /> Brandy Bosselman was present to answer questions. They have had the games since 2008 <br /> and prior to purchasing machines there was an Attorney General's I opinion they are a game of <br /> skill. She noted the machines with stuffed animal claws and they are similar to these games it is <br /> a game of skill. <br /> Hartman ask about the machines on the horse racing and they think these are a game of <br /> chance. Ms. Bosselman stated they do not have those machines. <br /> Quandt questioned what they pay per machine and Brandy stated they pay a stamp tax and the <br /> fee will increased on January, 1 2010 to $25.00 per machine. <br /> 3 <br />