HB 1525 — A BILL for an Act to amend and reenact sections 53-06.1-01.1 and 53-06.1-15.1 of the North Dakota Century Code, relating to the structure of the state gaming commission and the administration and regulation of games of chance; to provide an appropriation; and to provide for application.

25.0798.0400025.0798.03000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT with Senate Amendments ENGROSSED HOUSE BILL NO.

and to provide an appropriation;appropriation.

and to provide for application.

The commission consistsmustconsists consist of the:

The governorlieutenant orgovernor, the governor's designee, who shall serve as chairman and four other;

FourSix members appointed by the governor, with the consent of the senate., including one member who:

(1) Is an owner of an alcoholic beverage establishmentestablishment; where gaming is conducted;

(2) Represents a licensed organization;organization with adjusted gross proceeds not exceeding fifty thousand dollars;

(3) Represents the governing body of a citylicensed thatorganization haswith authorizedadjusted sitesgross whereproceeds gamingof isfifty conductedthousand atdollars theor timemore; the appointment is made;

and (4) IsRepresents a memberlicensed atorganization large;operating in a rural community with a population of fewer than ten thousand;

(5) Represents the governing body of a city with a population of forty thousand or more;

and Page No.

1 25.0798.03000 Sixty-ninth Legislative Assembly (6) Represents the governing body of a city with a population of fewer than forty thousand or the county where the city is located;

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1 25.0798.04000 Sixty-ninth Legislative Assembly 2.

The terms of the commissioners must be staggered so no more than twothreetwo terms expire each July first.

Commission members are entitled to seventy-five dollarsthe amount under subsection 1 of section 54-03-20 per day for compensation for each day spent on commissionPage dutiesNo. and mileage and expense reimbursement as allowed to other state employees.

2 25.0798.03000 Sixty-ninth Legislative Assembly commission duties and mileage and expense reimbursement as allowed to other state employees.

The commission shall meet at least quarterly.

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7.6.

Based on evidence obtained from the attorney general,general whichor demonstrates a personcomplaint violatedunder this chapter or28-32, a gaming rule, which could result in the revocation or suspension of a site authorization or an organization's gaming license or the imposition of a monetary fine of one thousand dollars or more, the commission shall hold a hearing according to determinethe whetherrequirements aunder violationchapter occurred.28-32.

TheA commissionhearing shallmust designatebe therecorded timeon andvideo place for the hearing and providebroadcast noticelive. to the person accused of the violation at least forty-five days before the hearing.

TheUpon partiesdisposition mayof presentan evidence,adjudicative examine,proceeding, andthe cross-examinecommission witnessesmay: as provided under sections 28-32-24 and 28-32-35.

The hearing must be recorded on video and broadcast live.

8.

The commission shall determine whether a violation has occurred and issue an order within thirty days of the date the hearing concluded.

In the order, the commission may:

d.

Based on reasonable ground or written complaint, suspend, deny, or revoke an organization's permit or an organization's, distributor's, or manufacturer's application or license for violation, by the organization, distributor, or manufacturer or any officer, director, agent, member, or employee of the organization, distributor, or manufacturer, of this chapter or any gaming rule.

3 25.0798.0400025.0798.03000 Sixty-ninth Legislative Assembly d.e.

Suspend, deny, or revoke an organization's permit or an organization's, distributor's, or manufacturer's application or license for violation, by the organization, distributor, or manufacturer or any officer, director, agent, member, or employee of the organization, distributor, or manufacturer, of this chapter or any gaming rule.

e.

At any time within three years after any amount of fees, monetary fine, interest, penalty, or tax required to be paid pursuant to this chapter becomes due, bring a civil action to collect the amount due.

However, if for any reason there is a change in adjusted gross proceeds or tax liability by an amount which is in excess of twenty-five percent of the amount of adjusted gross proceeds or tax liability originally reported on the tax return, any additional tax determined to be due may be assessed within six years after the due date of the tax return, or six years after the tax return was filed, whichever period expires later.

An action may be brought although the person owing the fees or tax is not presently licensed.

g.

Institute an action in any district court for declaratory or injunctive relief against a person, whether or not the person has a gaming licensee, as the commission deems necessary to prevent noncompliance with this chapter or gaming rules.

h.