Revises provisions relating to charitable gaming. (BDR 41-715)
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AB 117 — Revises provisions relating to charitable gaming. (BDR 41-715)
Last action — Approved by the Governor. Chapter 179.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 31, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Summary
AN ACT relating to gaming; revising provisions relating to charitable gaming; requiring the Nevada Gaming Commission to adopt regulations providing a procedure to appeal the denial of the registration to operate a charitable lottery or charitable game; requiring the Commission to adopt regulations establishing the fees that a qualified organization must submit to the Chair of the Nevada Gaming Control Board when registering to operate a charitable lottery or charitable game; increasing the penalty for the commission of certain unauthorized acts relating to lotteries; repealing provisions relating to charitable games; providing penalties; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
513 added · 553 removed513 line(s) added, 553 removed.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§ 16) (Reprinted with amendments adopted on April 19, 2019) FIRST REPRINT A.B.
117117–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.
117–COMMITTEE ON JUDICIARY PREFILED JANUARY 31, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to charitable gaming.
(BDR 41-715) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) games operated by charitable or educational (NRSorganizations; 463.409-463.40965) This bill incorporates charitable games into thenizations.
and (2) charitable bingo games operated by qualified organizations.
Section 12 of this bill organizationrevises must be certified by the Departmentdefinition of Taxation“qualified ororganization” theto: Internal an Revenue Service as not operated for profit;
and(1) (2)specify excludethat politicalsuch organizations.an organization must be certified by the Department of Taxation or the Internal ReveSection 14 of this bill authorizes a qualified organization to operate a charitable lottery if:
- *AB117_R1* – 2 – Section 14 of this bill authorizes a qualified organization to operate a charitable lottery if:
Section 16 also requires the Commission, upon recommendation by the Board, to adopt regulations establishing the fees that a qualified organization must submit to the ChairNevada forGaming Commission, upon the purposerecommendation of suchthe registration.Board, to adoptires the regulations providing a procedure to appeal the denial of the registration to operate a charitable lottery or charitable game by the Chair.
Section 13 of this bill requires the Nevada Gaming Commission, upon the recommendation of the Board, to adopt regulations providing a procedure to appeal the denial of the registration to operate a cSection 18 of this bill prohibits the Chair from registering a qualified organization to operate a charitable lottery or charitable game outside this State.
- 80th Session (2019) – 2 – Section 18 authorizes statewide ticket sales and online sales upon approval by the Chair, but requires that all lottery ticket sales be limited to persons who are physicallyphysSection located17 withinof this Statebill atprovides that if the timeCommission finds that a person associated with a qualified organization is unsuitable to be associated with the operation of purchase.a charitable lottery or charitable game, any contract or agreement between the associated person and the qualified organization for the provision of personal services to the qualified organization or for conducting any activity relating to the operation of a charitable lottery or charitable game is deemed to be termSection 19 of this bill removes the provision that prohibits a qualified organization from providing compensation to a person who is not a regular employee of the organization.
Section 17 of this bill provides that if the Commission finds that a person associated with a qualified organization is unsuitable to be associated with the operation of a charitable lottery or charitable game, any contract or agreement between the associated person and the qualified organization for the provision of relating to the operation of a charitable lottery or charitable game is deemed to be terminated without liability on the part of the qualified organization.
Section 19 of this bill removes the provision that prohibits a qualified organization from providing compensation to a person who is not a regular employee of the organization.
Section 20 also requires a qualified organization registered with the Chair to submit to the Chair a financial report on a charitable lotterylottSection 4 of this bill provides that the State of Nevada, the Board, the Commission and certain other persons are immune from any civil liability for any decision or charitableaction gametaken uponin request.good faith and without malicious intent in carrying out the provisions of law relating to charitable gaming.
Commission and certain other persons are immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of law relating to charitable gaming.
(NRS 462.250, 462.260, 462.280-462.300, 462.320) Sections 21-26 of this bill increase the penalty for the commission of any such act to a gross misdemeanor.
-EXPLANATION *AB117_R1* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
In addition to any other rights, privileges and immunities recognized by law, the State of Nevada, the Board and any of its members, employees, attorneys and other personnel, and the Commission and any of its members, employees, attorneys and other personnel are immune from any civil liability for any - 80th Session (2019) – 3 – decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter.
Sec.
6.
NRS 462.015 is hereby amended to read as follows:
(b) Can be ensured through the regulation of the type of organizations authorized to operate those charitable lotteries [,] and charitable games, the manner in which those charitable lotteries and charitable games are conducted and the manner in which the - *AB117_R1* – 4 – proceeds of those charitable lotteries and charitable games are expended.
462.025 Nothing in this chapter affects the power of a local government to require the licensing of or to impose additionaladditionalocal restrictions on the operation of a charitable lottery [.] or charitable game.
- 80th Session (2019) – 4 – Sec.
462.115 “Net proceeds” means the total amount of moneyows:
collected from the [sale] operation of [tickets or chances for] a money expended for prizes, supplies, advertising, promotion,ount of printing, administration and other direct expenses necessary to operate a charitable lottery [.] or charitable game, as applicable.
11.
NRS 462.115 is hereby amended to read as follows:
462.115 “Net proceeds” means the total amount of money charitable lottery [,] or charitable game, less the total amount of money expended for prizes, supplies, advertising, promotion, printing, administration and other direct expenses necessary to operate a charitable lottery [.] or charitable game, as applicable.
Sec.
and - *AB117_R1* – 5 – (b) Shall adopt regulations providing a procedure to appeal the denial of the [approval of] registration to operate a charitable lottery or charitable game by the [Executive Director] ChairChairable pursuant to NRS 462.150, pursuant to the procedure set forth in NRS 463.145.
Show all 130 changed lines (90 more)
- 80th Session (2019) – 5 – (1) Except as otherwise provided in subparagraph (2), does not exceed $500,000;
does3. not exceed $2,500 and the organization operates no more thantery two charitable lotteries per calendar year;
orThe to members of the organization, and to guests of those membersld only while attending a special event sponsored by the organization, and the total value of all the prizes offered in the charitable lotterieslottery operatedtwo bycharitable thelotteries organizationper during the same calendar yearyear; does not exceed $15,000.] $2,000,000.
orerates no more than 4.
The tickets or chances for the charitable lottery are sold only to members of the organization, and to guests of those members while attending a special event sponsored by the organization, and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year does not exceed $15,000.] $2,000,000.
(a) Register a qualified organization [that complies with the requirementsreq(b) ofApprove NRSa 462.160.qualified organization] to operate a charitable lottery or charitable game if:
- *AB117_R1* – 6 – (b) Approve a qualified organization] to operate a charitable lottery or charitable game if:
[(c)] (b) Provide a qualified organization, within 30 days after its submission of an application pursuant to NRS 462.160, with written notification of the basis for any refusal by the [Executive - 80th Session (2019) – 6 – Director] Chair to register [or approve] the qualified organization pursuant to this section.
Unless earlier revoked, the registration or approval of a qualifiedDecember organization31.] Chair.on is valid for the calendar year and expires on DecSec.Sec.
To register with [or request the approval of] the [Executive Director,] Chair to operate a charitable lottery or charitable game, a qualified organization must submit to theorthe [Executive Director:] Chair:
(5) A description of all the prizes to be offered in each charitable [lotteries] lottery or charitable game operated by the pertains and, if the approval of the Executive Director is required, a] (6) A summary of the anticipated expenses of conducting [those lotteries,] each charitable lottery or charitable game, including copies of any proposed agreements between the organization .and any suppliers of material for the operation of [those lotteries.
[during the calendar year to which the application pertains and, if the approval of the Executive Director is required, a] - *AB117_R1* – 7 – (6) A summary of the anticipated expenses of conducting [those lotteries,] each charitable lottery or charitable game, including copies of any proposed agreements between the organization and any suppliers of material for the operation of [those lotteries.
(6)] (8) The [designation] address of [a primary county in which] the location where each charitable [lotteries] lottery or - 80th Session (2019) – 7 – charitable game will be conducted by the organization .
(III)each Thecharitable ruleslottery whichor willcharitable begame;sented presented to the public for each(IV) charitableThe lotterymethod orof charitableawarding game;all prizes and announcing all winners to the public;
alland winners(V) toThe rules and time frames for the public;collection of all prizes.
andarding(10) all prizes and announcing (V) The rules and time frames for the collection of all prizes(10) A statement verifying that all charitable lotteries or charitable games will be conducted in accordance with the standards of honesty and integrity applicable to licensed gambling games in this State and that any prizes that would be deemed illegal under state or federal law will not be offered.
A qualified organization shall submit such additional information as necessary to correct or complete any information submitted pursuant to this section that becomes inaccurate or incomplete.
The [Executive Director] Chair may - *AB117_R1* – 8 – reinstate the [approval] registration of the organization only after all information has been corrected and completed.
- 80th Session (2019) – 8 – (a) A qualified organization that registers with [or requests the approval of] the [Executive Director] Chair to file an application pursuant to chapter 463 of NRS for a finding of suitability to operate a charitable lottery or charitable game in this state.
2.organization or associated person and submit recommendations to the Commission.
The qualified organization or associated person must deposit with the Board maya conductsum anof money which the Board determines will be adequate to pay the anticipated costs of the investigation and shall upon the completion of the qualifiedinvestigation organizationpay orto associatedthe personBoard andany submitadditional recommendationsmoney necessary to reimburse the Commission.Board for the actual cost of the investigation.
The qualified organization or associated person must deposit with the Board a sum of money which the Board investigation and shall uponrefund the completion of the investigation pay to the Board any additionaloverpayments. money necessary to reimburse the Board overpayments.l cost of the investigation.
The Board shall refund any 3.
(a) An application for a finding of suitability is not submitted to the Board, together with the deposit required by subsection 2, within 30 days after the qualified organization receives written notice that it is required pursuant to paragraph (a) of subsection 1 to file an application for a finding of suitability.
(c) An application for a finding of suitability is not submitted to the Board, together with the deposit required by subsection 2, or the association of the person with the organization is not terminated,terminated,the within 30 days after the qualified organization receives written notice that an associated person is required pursuant to paragraph (b) of subsection 1 to file an application for a finding of suitability.
- *AB117_R1* – 9 – (d) The associated person is found unsuitable to be associated with the operation of a charitable lottery or charitable game in this state and the qualified organization does not terminate its association with that person within 30 days after receiving written notice of the finding of unsuitability.
If the Commission finds that an associated person is unsuitable to be associated with the operation of a charitable lottery or charitable game in this State, any contract or agreement between the associated person and a qualified organization for the - 80th Session (2019) – 9 – provision of personal services to the qualified organization or for conducting any activity relating to the operation of the charitable lottery or charitable game shall be deemed to be terminated without liability on the part of the qualified organization.
1.or chance for] register a qualified organization to operate ay ticket charitable lottery or charitable game outside [of:
Except as approved by the Executive Director, sell any ticket or chance for] register a qualified organization to operate a charitable lottery or charitable game outside [of:
and 2.)(b) AIfAny thecounties organizationthat hasborder beenon approved by the Executiveprimary Director,county. conduct more than one charitable lottery in any calendar this State.
Statewide2. ticket sales and online sales are permittedtor.] upon approval by the Chair, but all lottery ticket sales must be limited to persons who are physically located within this State at the time of purchase.
If the organization has been approved by the Executive Director, conduct more than one charitable lottery in any calendar quarter without the specific authorization of the Executive Director.] this State.
Statewide ticket sales and online sales are permitted upon approval by the Chair, but all lottery ticket sales must be limited to persons who are physically located within this State at the time of purchase.
2.
Provide [:
and (b) Any] any additional compensation to a person who is a regular employee of the organization [, ] for his or her services in organizing or operating a charitable lottery or charitable game or assisting in the organization or - *AB117_R1* – 10 – operation of a charitable lottery [.] or charitable game.
- 80th Session (2019) – 10 – (a) Shall not contract with any vendor for the operation of a charitable lottery or charitable game who charges more than 8 percent of the gross proceeds of the charitable lottery or charitable game in exchange for the provision of services.
A qualified organization [approved] registered by the [Executive Director] Chair shall, [after the completion of a charitable lottery and no later than the end of the same calendar year,] upon request, submit to the [Executive Director] Chair aaar financial report on [the] a charitable lottery [.] or charitable game.
462.250.Sec.
NA21. person who contrives, prepares, sets up, proposes or [draws] operates any lottery, except as authorized pursuant to this chaSec.
NRS 462.250 is hereby amended to read as follows:
462.250 A person who contrives, prepares, sets up, proposes or [draws] operates any lottery, except as authorized pursuant to this chapter, is guilty of a gross misdemeanor.
Sec.
462.280.
NRA person who intentionally aids or assists, either by printing, writing, advertising, publishing or otherwise, in setting up, managing or [drawing] operating any lottery in violation of this chapter, or in selling or disposing of any ticket, chance or share therein, is guilty of a gross misdemeanor.
23.
NRS 462.280 is hereby amended to read as follows:
462.280 A person who intentionally aids or assists, either by printing, writing, advertising, publishing or otherwise, in setting up, managing or [drawing] operating any lottery in violation of this chapter, or in selling or disposing of any ticket, chance or share therein, is guilty of a gross misdemeanor.
Sec.
462.290 Every person who opens, sets up or keeps by himself or herself or by any other person any office or other place for the sale of or for registering the number of any ticket in any lottery in - *AB117_R1* – 11 – violation of this chapter, or who by printing, writing or other means intentionally advertises or publishes the setting up, opening or using of any such office, is guilty of a gross misdemeanor.
- 80th Session (2019) – 11 – Sec.
462.300 Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this state or not, or who receives any valuable consideration upon any agreement to repay any sum or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent upon the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a gross misdemeanor.
462.320 A person who lets or permits to be used any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery in violation of this chapter, or for the purpose of selling or disposing of lottery tickets in Sec.violation of this chapter, is guilty of a gross misdemeanor.
Sec.
NRS 463.0152 is hereby amended to read as follows:.follows:
463.0152 “Game” or “gambling game” means any game played with cards, dice, equipment or any mechanical, electromechanical or electronic device or machine for money,al,money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a- half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck- a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking ororat, pai gow, percentage game or any other game or device approved by the Commission, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games operated by [charitable or educational] qualified organizations [which] that are [approved] registered by the [Board] Chair pursuant to the provisions of chapter 462 of NRS .
Except as otherwise provided in subsection 4 and NRS 463.172 [,] and section 5 of this act, it is unlawful for any - *AB117_R1* – 12 – person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
- 80th Session (2019) – 12 – (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;
(d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine,pool;ne, gaming device, mobile gaming system, race book or sports pool;(e) To operate as a cash access and wagering instrument service provider;
(e) To operate as a cash access and wagering instrument service provider;
(a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee;
orr-casinoor linked system (b) An operator of a slot machine route is operating an inter- cas3.ocasino lExceptlinked assystem otherwiseconsisting providedof in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine,machines gamingonly. device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.
3.
Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.
- *AB117_R1*80th Session (2019) – 13 – (d) Paying winning wagers to patrons;
A separate license must be obtained for each location at whichwhi6. such an operation is conducted.
6.suAs used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.
As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.
LEADLINES~~~~~ OF19 REPEALED- SECTIONS80th 462.055Session “Calendar(2019) quarter” defined.
462.095 “Executive Director” defined.
463.409 Approval by Board of game operated by charitable organization;
conditions;
exceptions.
463.4091 Definitions.
463.40915 “Calendar quarter” defined.
463.4092 “Charitable or nonprofit activity” defined.
463.40925 “Net proceeds” defined.
463.4093 “Qualified organization” defined.
463.40935 Administration of provisions by Board and Commission;
regulations.
463.4094 Requirements for operation of charitable bingo game without gaming license.
organization:
Duties of Executive Director;
revocable privilege;
expiration.
463.4095 Requirements for registration and approval of Executive Director.
463.40955 Commission may require finding of suitability.
- *AB117_R1* – 14 – employees of qualified organizations and other persons.
463.40965 Reporting and expenditure of net proceeds of charitable bingo.
H - *AB117_R1*
Show all 130 changed rows (90 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
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- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 179.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Senate. Read first time. Referred to Committee on Judiciary. To committee.
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Read third time. Passed, as amended. Title approved. (Yeas: 38, Nays: 3, Excused: 1.) To Senate.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.
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Read second time. Amended. (Amend. Nos. 332 and 563.) To printer.
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From committee: Amend, and do pass as amended.
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From printer. Read first time. To committee.
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Prefiled. Referred to Committee on Judiciary. To printer.
Sponsors
- Assembly Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Judiciary
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"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.
Subjects
Frequently asked questions
- What does AB 117 do?
- AN ACT relating to gaming; revising provisions relating to charitable gaming; requiring the Nevada Gaming Commission to adopt regulations providing a procedure to appeal the denial of the registration to operate a charitable lottery or charitable game; requiring the Commission to adopt regulations establishing the fees that a qualified organization must submit to the Chair of the Nevada Gaming Control Board when registering to operate a charitable lottery or charitable game; increasing the penalty for the commission of certain unauthorized acts relating to lotteries; repealing provisions relating to charitable games; providing penalties; and providing other matters properly relating thereto.
- Who sponsors AB 117?
- AB 117 is sponsored by Assembly Committee on Judiciary.
- What is the current status of AB 117?
- This bill has been enacted into law. Introduced January 31, 2019. Enacted.
- Where can I track AB 117?
- Track AB 117 free on One Click Politics — get push/email alerts when it moves.
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