Nevada 2017 Regular Session Status: Enacted

AB 75 — Revises provisions governing the licensing and control of gaming. (BDR 41-264)

Last action — Approved by the Governor. Chapter 83.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 17, 2016. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

436 added · 462 removed

436 line(s) added, 462 removed.

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(Reprinted with amendments adopted on April 4, 2017) FIRST REPRINT A.B.
Assembly Bill No.
75 ASSEMBLY BILL NO .
75–Committee on Judiciary CHAPTER..........
75–COMMITTEE ON JUDICIARY (O NB EHALF OF THE N EVADA G AMING CONTROL B OARD ) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the licensing and control of gaming.
(BDR 41-264) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires the Nevada Gaming Commission and the Nevada Gaming distributors’ licenses, and to perform various acts relating to the regulation and control of gaming.
Control Board to administer state gaming licenses and manufacturers’, sellers’ and distributors’ licenses, and to perform various acts relating to the regulation and control of gaming.
Existing law makes it unlawful to deliver or furnish any equipment, services or without procuring and maintaining the required state gaming license.
Existing law makes it unlawful to deliver or furnish any equipment, services or property in exchange for any interest or revenue derived from a gambling game 463.162) Section 2 of this bill exempts persons who are already licensed as a manufacturer or distributor of certain gaming devices or systems from this licensing requirement.
(NRSgame 463.162) Section 2 of this bill exempts persons who are already licensed as a manufacturer or distributor of certain gaming devices or systems from this licensing requirement.
Existing law authorizes the Commission to exempt a bank acting as a fiduciary from certain requirements for licensing and regulation related to gaming.
- *AB75_R1* – 2 – Existing law authorizes the Commission to exempt a bank acting as a fiduciary from certain requirements for licensing and regulation related to gaming.
Existing law provides that after a final order of the Board recommending denial Commission may:
of an application for a license, registration, finding of suitability or approval, the Commission may:
(2) remand the matter to the Board forl, the further investigation and reconsideration;
(2) remand the matter to the Board for further investigation and reconsideration;
Account in order to facilitate the confidential investigation of certain violations relating to gaming;
Existing law:
and (2) provides that expenditures from the Revolving Account may not exceed the amount authorized by the Legislature in any fiscal year.
(1) establishes the Nevada Gaming Control Board Revolving relating to gaming;
(NRS 463.330) Section 4 of this bill provides that such expenditures may only exceed the amount authorized by the Legislature if the expenses are incurred by the Board for confidential investigations concerning the enforcement of existing law governing forfeiture funds.ney for payment of the expenses is derived from state or federal Existing law makes it unlawful to manufacture, sell or distribute any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada without first procuring and maintaining the required licensure.
and (2) provides that expenditures from the Revolving Accountns may not exceed the amount authorized by the Legislature in any fiscal year.
(NRS 463.650) Section 5 of this bill exempts certain persons from the required licensure if a person who is already licensed as a manufacturer assumes responsibility for the underlying actions.
(NRS 463.330) Section 4 of this bill provides that such expenditures may only exceed the amount authorized by the Legislature if the expenses are incurred by the Board for confidential investigations concerning the enforcement of existing law governing gaming and the money for payment of the expenses is derived from state or federal forfeiture funds.
Board, to adopt regulations relating to the approval of associated equipment by the Board.
Existing law makes it unlawful to manufacture, sell or distribute any gaming device, cashless wagering system, mobile gaming system or interactive gaming - 79th Session (2017) – 2 – system for use or play in Nevada without first procuring and maintaining the from the required licensure if a person who is already licensed as a manufacturer assumes responsibility for the underlying actions.
Existing law requires the Commission, with the advice and assistance of the Board, to adopt regulations relating to the approval of associated equipment by the Board.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[or] (c) To assemble, or control the assembly of, a gaming device, associated equipment, cashless wagering system, mobile gaming - *AB75_R1* – 3 – system or interactive gaming system for use or play in Nevada [.] ;
[or] (c) To assemble, or control the assembly of, a gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada [.] ;
(1) Is not an employee of the manufacturer;
- 79th Session (2017) – 3 – (1) Is not an employee of the manufacturer;
As used in this subparagraph, “control program” has the meaning ascribed to it in NRS 463.0155.
As used in this NRS 463.0155.
Sec.
“control program” has the meaning ascribed to it in Sec.
(c) Furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person receives payments based on earnings or profits from any gambling game, including any slot machine, without having first procured a state gaming license.
(c) Furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person receives payments based on earnings or profits from any gambling game, including any slot machine, without having first procured a state gam2.g lThe provisions of subsection 1 do not apply to any person:
- *AB75_R1* – 4 – 2.
The provisions of subsection 1 do not apply to any person:
(d) Who is licensed as a manufacturer or distributor [and who rents or leases any equipment of any gambling game, including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.] pursuant to NRS 463.650.
(d) Who is licensed as a manufacturer or distributor [and who rents or leases any equipment of any gambling game, including any - 79th Session (2017) – 4 – slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.] pursuant to NRS 463.650.
(e) Who is found suitable by the Commission to act as an independent agent.
independent agent.d suitable by the Commission to act as an ¬ Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index, expansions or improvement of facilities, or changes in services supplied.
¬ Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index, expansions or improvement of facilities, or changes in services supplied.
(a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether the person leases the property directly to the licensee or through an intermediary.
(a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether the person leases the property directly to the lic(b) Repairs, rebuilds or modifies any gaming device.
(b) Repairs, rebuilds or modifies any gaming device.
(c) Manufactures or distributes chips or gaming tokens for use in this state.
- *AB75_R1* – 5 – (c) Manufactures or distributes chips or gaming tokens for use in this state.
Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the Commission.
Any other agreement between the licensee and that person must be - 79th Session (2017) – 5 – terminated upon receipt of notice of the action by the Commission.
Any agreement between a licensee and a person described in subsection 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the person is unsuitable.
Any agreement between a licensee and a person described in subsection 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
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3.
Board or upon its own undertaking, grant, deny, limit, condition, restrict, revoke or suspend any exemption or application for exemption pursuant to subsection 2 for any reasonable cause.
The Commission may, upon the recommendation of the Board or upon its own undertaking, grant, deny, limit, condition, restrict, revoke or suspend any exemption or application for exemption pursuant to subsection 2 for any reasonable cause.
4.
- *AB75_R1* – 6 – 4.
The Commission may, after considering the recommendation of the Board, issue to the applicant named, as a natural person, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same.
The Commission may, after considering the recommendation of the Board, issue to the applicant named, as a natural person, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state - 79th Session (2017) – 6 – gaming license, or deny the same.
No state gaming license may be assigned either in whole or in part.
No state gaming license may be ass3.nedThe Commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.
3.
The Commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.
If the Commission is not satisfied that an applicant approved by the Board is qualified to be licensed under this chapter, the Commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
If the Commission is not satisfied that an applicant approved by the Board is qualified to be licensed under this chapter, the Commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in 6.corIf the Commission desires further investigation be made or to conduct any hearings, it shall, within 30 days after presentation of the recommendation of the Board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant.
6.
Final action by the Commission must be taken within 120 days after the recommendation of the Board has been presented to the Commission.
If the Commission desires further investigation be made or to conduct any hearings, it shall, within 30 days after presentation of the recommendation of the Board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant.
Final action by the Commission must be taken within 120 days after the - *AB75_R1* – 7 – recommendation of the Board has been presented to the Commission.
If an application is denied, the Commission shall prepare and file its written decision upon which its order denying the application is based.
If an application is denied, the Commission shall prepare and file its - 79th Session (2017) – 7 – written decision upon which its order denying the application is based.
Costs of administration of this chapter incurred by the Commission and the Nevada Gaming Control Board must be paid from the State General Fund on claims presented by the Commission and the Board, respectively, and approved and paid as other claims against the State are paid.
Costs of administration of this chapter incurred by paid from the State General Fund on claims presented by the Commission and the Board, respectively, and approved and paid as other claims against the State are paid.
In allowing such expenses, the Chair is not limited or bound by the provisions of NRS 281.160.
In allowing such expenses, the Chair is 4.t lExpenditures from the Revolving Account may [not] exceed the amount authorized by the Legislature in any fiscal year [.] only if the Revolving Account is used to pass through expenses incurred by the Board while engaged in confidential investigations concerning the enforcement of this chapter, and the money for payment of the expenses is derived from state or federal forfeiture funds as approved by the Chair.
4.
Sec.
Expenditures from the Revolving Account may [not] exceed the amount authorized by the Legislature in any fiscal year [.] only if the Revolving Account is used to pass through expenses incurred by the Board while engaged in confidential investigations concerning the enforcement of this chapter, and the money for payment of the expenses is derived from state or federal forfeiture funds as approved by the Chair.
- *AB75_R1* – 8 – Sec.
Except as otherwise provided in subsections 2 to [5,] 7, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
Except as otherwise provided in subsections 2 to [5,] 7, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada - 79th Session (2017) – 8 – without first procuring and maintaining all required federal, state, county and municipal licenses.
[or NRS 463.660.] 3.
[or NRS3.63.The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, mobile gaming systems and cashless wagering systems, without a distributor’s license.
The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, mobile gaming systems and cashless wagering systems, without a distributor’s license.
or (c) A gaming device repair school licensed by the Commission on Postsecondary Education, ¬ may be disposed of by sale, in a manner approved by the Board, without a distributor’s license.
or (c) A gaming device repair school licensed by the Commission ¬ may be disposed of by sale, in a manner approved by the Board, without a distributor’s license.
- *AB75_R1* – 9 – 7.
7.
An independent contractor who designs, develops, programs, produces or composes a control program for use in the manufacture of a gaming device that is for use or play in this State is not required to be licensed under the provisions of this section with respect to the design, development, programming, production or composition of a control program if a manufacturer who is licensed under the provisions of this section assumes responsibility for the design, development, programming, production or composition of the control program.
An independent contractor who designs, develops, programs, produces or composes a control program for use in the manufacture of a gaming device that is for use or play in this State is not required to be licensed under the provisions of this section with respect to the design, development, programming, production - 79th Session (2017) – 9 – or composition of a control program if a manufacturer who is licensed under the provisions of this section assumes responsibility for the design, development, programming, production or composition of the control program.
8.
person to receive a license under the provisions of this section [and NRS 463.660] may be issued a manufacturer’s or distributor’s license.
Any person who the Commission determines is a suitable person to receive a license under the provisions of this section [and NRS 463.660] may be issued a manufacturer’s or distributor’s license.
It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to knowingly distribute any gaming device, cashless wagering system, mobile gaming system, interactive gaming system or associated equipment from Nevada to any jurisdiction where the possession, ownership or use of any such device, system or equipment is illegal.
It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to knowingly distribute any gaming device, cashless wagering system, mobile gaming system, interactive gaming system or associated equipment from Nevada to device, system or equipment is illegal.ownership or use of any such [11.] 13.
[11.] 13.
- *AB75_R1* – 10 – (e) “Independent contractor” has the meaning ascribed to it in NRS 463.01715.
(e) “Independent contractor” has the meaning ascribed to it in NRS 463.01715.
Sec.
- 79th Session (2017) – 10 – Sec.
(a) The manner and method for the approval of associated equipment by the Board;
(a) The manner and method for the approval of associated equ(b) The method and form of any application required by paragraph (a).
and (b) The method and form of any application required by paragraph (a).
(b) Establish the degree of review an applicant for registration pursuant to this section must undergo, which level may be different for different forms of associated equipment;
(b) Establish the degree of review an applicant for registration pursuant to this section must undergo, which level may be different for(c) Establish fees for the application, issuance and renewal of the registration required pursuant to this section, which must not exceed $1,000 per application, issuance or renewal of such registration.
and (c) Establish fees for the application, issuance and renewal of the registration required pursuant to this section, which must not exceed $1,000 per application, issuance or renewal of such registration.
In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, a manufacturer or distributor of associated equipment who sells, transfers or offers the associated equipment for use or play in Nevada may be required by the [Commission, upon recommendation of the] Board [,] to file an application for a finding - *AB75_R1* – 11 – of suitability to be a manufacturer or distributor of associated equipment.
In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, a manufacturer or distributor of associated equipment who sells, transfers or offers the associated equipment for use or play in Nevada may be required by the [Commission, upon recommendation of the] Board [,] to file an application for a finding - 79th Session (2017) – 11 – of suitability to be a manufacturer or distributor of associated equipment.
H - *AB75_R1*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 83.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Judiciary. To committee.

  8. In Senate.

  9. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  10. From printer. To engrossment. Engrossed. First reprint .

  11. Read second time. Amended. (Amend. No. 2.) To printer.

  12. From committee: Amend, and do pass as amended.

  13. Read first time. To committee.

  14. From printer.

  15. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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AB 75 is sponsored by Judiciary.
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This bill has been enacted into law. Introduced November 17, 2016. Enacted.
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