Racing investigation fund; distributions; refund

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41-705. Racing investigation fund; distributions; refund

A. The racing investigation fund is established consisting of monies deposited for the projected cost of investigations conducted pursuant to title 5, chapter 1 by persons, partnerships, associations or corporations that hold a permit for a racing meeting under title 5. Monies deposited into the fund shall be made in a reasonable amount based on a request from the director of the department of gaming. The department of administration shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies distributed from the fund are subject to the following restrictions:

1. Distributions shall be made pursuant to instructions from the director of the department of gaming to the director of the department of administration.

2. Distributions shall be limited to expenses that are authorized under title 5, chapter 1, article 1 and that are incurred in compliance with chapter 23 of this title including open and competitive bidding for all services.

C. On the instruction of the director of the department of gaming, the department of administration at the conclusion of an investigation shall refund to the permittee the difference between the amount deposited into the fund by that permittee and the total actual cost of the investigation.


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