Nevada 2019 Regular Session Status: Enacted

SB 73 — Revises provisions relating to gaming. (BDR 41-343)

Last action — Chapter 226.

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

This bill has been enacted into law. Introduced November 20, 2018. Enacted.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to gaming; revising the definition of “gaming device” to include mobile gaming; removing or repealing certain provisions relating to mobile gaming; revising certain provisions relating to publicly traded corporations registered with the Nevada Gaming Commission; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

1042 added · 1109 removed

1042 line(s) added, 1109 removed.

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(Reprinted with amendments adopted on May 22, 2019) THIRD REPRINT S.B.
Senate Bill No.
73 S ENATE B ILLN O.
73–Committee on Judiciary CHAPTER..........
73–COMMITTEE ON JUDICIARY (O NB EHALF OF THE NEVADA G AMING C ONTROL BOARD ) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to gaming.
(BDR 41-343) 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.
LegExisting law requires the Nevada Gaming Commission and the Nevada Gaming Control Board to administer state gaming licenses and manufacturer’s, seller’s and distributor’s licenses, and to reform various acts relating to the regulation and control of gaming.
Legislative Counsel’s Digest:
Existing law requires the Nevada Gaming Commission and the Nevada Gaming Control Board to administer state gaming licenses and manufacturer’s, seller’s and distributor’s licenses, and to reform various acts relating to the regulation and control of gaming.
(NRS 463.0155) Section 2 thereby making mobile gaming subject to the same regulation and control as aing, gaming device.
(NRS 463.0155) Section 2 of this bill revises the definition of “gaming device” to include mobile gaming, thereby making mobile gaming subject to the same regulation and control as a gaming device.
Section 19.5 of this bill exempts from the amendatory provisions of sections 5, 7, 8, 10, 18 and 19:
Section 19.5 of this bill certain persons with a nonrestricted license for a mobile gaming system or such a license for the operation of a mobile gaming system;
(1) certain persons with a nonrestricted license for a mobile gaming system or such a - *SB73_R3* – 2 – license for the operation of a mobile gaming system;
or (3) a successor in interest of such a person who provisions of section 3 of this bill employees of such an operator of a mobileory gaming system described in section 19.5.
or (3) a successor in interest of such a person who acquired such a financial interest.
Section 19.5 also exempts from the amendatory provisions of section 3 of this bill employees of such an operator of a mobile gaming system described in section 19.5.
Finally, section 19.5 provides that persons or transactions described in section 19.5 are not exempt from certain provisions of law.
Finally, section 19.5 provides that persons law.ransactions described in section 19.5 are not exempt from certain provisions of Existing law requires certain persons to apply for and obtain a finding of suitability from the Nevada Gaming Commission if the person acquires, under certain circumstances:
Existing law requires certain persons to apply for and obtain a finding of certain circumstances:
(NRS 463.643) Section 10.8 of this bill requires certain persons to notify the Chair of the Board and apply for a finding of suitability with the Commission if such a person acquires corporation registered with the Commission.
(NRS 463.643) Section 10.8 of this bill requires certain persons to notify the Chair of the Board or holds a certain percentage of any class of voting securities of a publicly traded corporation registered with the Commission.
Section 10.8 also requires certaintraded persons or plan sponsors of a pension or employee benefit plan to notify the Chair, apply for a finding of suitability with the Commission and pay a sum of money to the Board if such a person or plan sponsor obtains beneficial ownership or ownership, as applicable, in such a publicly traded corporation and the person or plan sponsor has the intent to engage in certain proscribed activities, except that certain persons who acquire less than a 10 percent beneficial ownership in such a acquire less than 10 percent ownership in such a corporation, are not subject to such notification, application and payment requirements.
Section 10.8 also requires certain - 80th Session (2019) – 2 – persons or plan sponsors of a pension or employee benefit plan to notify the Chair, apply for a finding of suitability with the Commission and pay a sum of money to the Board if such a person or plan sponsor obtains beneficial ownership or ownership, as applicable, in such a publicly traded corporation and the person or certain persons who acquire less than a 10 percent beneficial ownership in such aat corporation through a pension or employee benefit plan, or plan sponsors who acquire less than 10 percent ownership in such a corporation, are not subject to such notification, application and payment requirements.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB73_R3* – 3 – 1.
1.
Any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming , [or mobile gaming,] any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money;
Any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming , [or mobile gaming,] any game, - 80th Session (2019) – 3 – race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money;
463.0155 “Gaming device” means any object used remotely or directly in connection with gaming or any game which affects the otherwise constitute associated equipment.
Sec.
The term includes,ot without limitation:
2.
NRS 463.0155 is hereby amended to read as follows:
directly in connection with gaming or any game which affects the result of a wager by determining win or loss and which does not otherwise constitute associated equipment.
The term includes, without limitation:
- *SB73_R3* – 4 – [4.] 5.
game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.
A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.
(a) “Control program” means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.
- 80th Session (2019) – 4 – (a) “Control program” means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.
(b) “Mobile gaming” means the conduct of gambling games through communications devices operated solely in an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar “communications technology” means any method used and thegraph, components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks.
(b) “Mobile gaming” means the conduct of gambling games through communications devices operated solely in an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information.
For the purposes of this paragraph, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks.
(a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;
(a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records ass(b) Boxpersons;venue from gaming;
(b) Boxpersons;
(c) Cashiers;
- *SB73_R3* – 5 – (c) Cashiers;
(i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems [, mobile gaming systems, equipment associated with mobile gaming systems] or interactive gaming systems;
(i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, - 80th Session (2019) – 5 – associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems [, mobile gaming systems, equipment associated with mobile gaming systems] or interactive gaming systems;
(k) Employees of operators of inter-casino linked systems [, mobile gaming systems] or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;
(k) Employees of operators of inter-casino linked systems [, mobile gaming systems] or interactive gaming systems whose duties include the operational or supervisory control of the systems or the gam(l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;
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(l) Employees of operators of call centers who perform, or who transmitting wagering instructions;unction of receiving and (m) Employees who have access to the Board’s system of employees that a licensee is required to perform pursuant to theg provisions of this chapter and any regulations adopted pursuant thereto;
(m) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
(x) Ticket writers;
- *SB73_R3* – 6 – (z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
(z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
3.
- 80th Session (2019) – 6 – 3.
(b) To direct or control the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, associated equipment, cashless wagering system [, in Nevada;ing system] or interactive gaming system for use or play (c) To assemble, or control the assembly of, a gaming device, system] or interactive gaming system for use or play in Nevada;
design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, associated equipment, cashless wagering system [, mobile gaming system] or interactive gaming system for use or play in Nevada;
(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;
and (2) Accept continuing legal responsibility for the gaming device, associated equipment, cashless wagering system [, mobile gaming system] or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or independent contractor.
and (2) Accept continuing legal responsibility for the gaming device, associated equipment, cashless wagering system [, mobile gaming system] or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or ind(b) “Independent contractor” means, with respect to a manufacturer, any person who:
(b) “Independent contractor” means, with respect to a manufacturer, any person who:
and (2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used - *SB73_R3* – 7 – in the manufacture of a gaming device.
and (2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device.
2.
- 80th Session (2019) – 7 – 2.
Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
Except as otherwise provided in subsection 4 and or employee, whether for hire or not, either solely or in conjunction with others:
(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, rac(b) To provide or maintain any information service;
(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;
(b) To provide or maintain any information service;
reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, [mobile gaming system,] 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, gaming device, [mobile gaming system,] race book or sports pool;
or (f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system, without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
or (f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system, without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as board of any unincorporated town.r ordinance or by the governing 2.
2.
- *SB73_R3* – 8 – 3.
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 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.
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 carried on in any house or building or other premises owned - 80th Session (2019) – 8 – by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.
(a) Allowing patrons to establish an account for wagering with the race book or sports pool;
the race book or sports pool;tablish an account for wagering with (b) Accepting wagers from patrons;
(b) Accepting wagers from patrons;
or (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash, mechanical means, such as a kiosk or similar device, regardless ofh whether that device would otherwise be considered associated which such an operation is conducted.
or (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash, whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment.
obtained for each location at 6.
A separate license must be obtained for each location at which such an operation is conducted.
6.
Except as otherwise provided in subsection 3, the Commission shall not approve a nonrestricted license, other than for the operation of a [mobile gaming system,] race book or sports pool at an establishment which holds a nonrestricted license to operate both gaming devices and a gambling game, for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.
Except as otherwise provided in subsection 3, the Commission shall not approve a nonrestricted license, other than for the operation of a [mobile gaming system,] race book or sports operate both gaming devices and a gambling game, for ancense to establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.
(a) The establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to - *SB73_R3* – 9 – chapter 279 of NRS in accordance with a final order of condemnation entered before June 17, 2005;
(a) The establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to chapter 279 of NRS in accordance with a final order of condemnation entered before June 17, 2005;
or (b) The establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to chapter 279 of NRS in accordance with a final order of condemnation entered on or after June 17, 2005, and the new location of the establishment is within the same redevelopment area as the former location of the establishment.
or - 80th Session (2019) – 9 – (b) The establishment was acquired or displaced pursuant to a redevelopment project undertaken by an agency created pursuant to chapter 279 of NRS in accordance with a final order of condemnation entered on or after June 17, 2005, and the new location of the establishment is within the same redevelopment area as the former location of the establishment.
(a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.
(a) All licenses issued to the same person, including a wholly including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.
pool or race book at an establishment may be issued a license tos operate a sports pool or race book at a second establishment establishment is operated by a person who has been issued asecond nonrestricted license for that establishment.
3.
A person who has been issued a license to operate a race book or sports pool at an establishment is prohibited from operating a race book or sports pool at:
A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at a second establishment described in subsection 1 or 2 of NRS 463.0177 only if the second establishment is operated by a person who has been issued a nonrestricted license for that establishment.
(a) An establishment for which a restricted license has been granted;
A person who has been issued a license to operate a race book or sports pool at an establishment is prohibited from operating a race book or sports poo(a) An establishment for which a restricted license has been granted;
or - *SB73_R3* – 10 – (b) The licensee of an establishment at which the race book or sports pool holds or obtains a license to operate pursuant to this section.
or - 80th Session (2019) – 10 – (b) The licensee of an establishment at which the race book or sports pool holds or obtains a license to operate pursuant to this section.
Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the Commission.
Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, share of the money or property played from the linked games inage or accordance with the provisions of this chapter and the regulations adopted by the Commission.
(e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or that can be redeemed for cash,thdrawal from an account for wagering whether by a transaction in person at an establishment or through mechanical means such as a kiosk or other similar device, regardless of whether that device would otherwise be considered associated equipment.
(d) Paying winning wagers to patrons;
or (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,  whether by a transaction in person at an establishment or through of whether that device would otherwise be considered associateddless equipment.
3.
- 80th Session (2019) – 11 – 3.
If the Board suspends or revokes approval of a gaming device pursuant to the regulations adopted pursuant to subsection 4 , - *SB73_R3* – 11 – [or suspends or revokes approval of a mobile gaming system pursuant to the regulations adopted pursuant to NRS 463.730,] the Board may order the removal of the gaming device [or mobile gaming system] from an establishment.
If the Board suspends or revokes approval of a gaming device pursuant to the regulations adopted pursuant to subsection 4 , [or suspends or revokes approval of a mobile gaming system pursuant to the regulations adopted pursuant to NRS 463.730,] the Board may order the removal of the gaming device [or mobile gaming system] from an establishment.
Sec.
10.
NRS 463.3855 is hereby amended to read as follows:
In addition to any other state license fees imposed by this chapter, the Commission shall, before issuing a state gaming license to an operator of a slot machine route [, an operator of a mobile gaming system] or an operator of an inter- casino linked system, charge and collect an annual license fee of $500.
In addition to any other state license feesows:
imposed by this chapter, the Commission shall, before issuing a state gaming license to an operator of a slot machine route [, an operator of a mobile gaming system] or an operator of an inter- casino linked system, charge and collect an annual license fee of $500.
463.368, 463.386, 463.482 to 463.645, inclusive, and 463.750, unless the context otherwise requires, the words and terms defined this act have the meanings ascribed to them in those sections.5 of Sec.
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.368, 463.386, 463.482 to 463.645, inclusive, and 463.750, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, and sections 1.3 and 1.5 of thiSec.
NRS 463.622 is hereby amended to read as follows:
thNRS 463.622 is hereby amended to read as follows:
and [3.] 4.
and - 80th Session (2019) – 12 – [3.] 4.
- *SB73_R3* – 12 – Sec.
Sec.
The regulations must be consistent with:
The regulations mus[1.] (a) The policy of this state as expressed in this chapter;
[1.] (a) The policy of this state as expressed in this chapter;
and prohibited from lawfully exercising any of his or her voting rights derived from being a shareholder of a publicly traded corporation.
and (c) Provisions that ensure that a person is not unduly prohibited from lawfully exercising any of his or her voting rights derived from being a shareholder of a publicly traded corporation.
Each person who acquires, directly or indirectly, beneficial or record ownership of any debt security in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to believe that the person’s acquisition of the debt security would otherwise be inconsistent with the declared policy of this state.
Each person who acquires, directly or indirectly, beneficial or record ownership of any debt security in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to - 80th Session (2019) – 13 – believe that the person’s acquisition of the debt security would otherwise be inconsistent with the declared policy of this state.
Each person who, individually or in association with others, acquires [,] or holds, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada Gaming Commission, - *SB73_R3* – 13 – and who is required to report, or voluntarily reports, the acquisition or holding to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C.
Each person who, individually or in association with others, acquires [,] or holds, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada Gaming Commission, and who is required to report, or voluntarily reports, the acquisition or holding to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of respectively, shall, [within 10 days] after filing the report and any amendment thereto with the Securities and Exchange Commission, notify the Nevada Gaming Commission on the date specified in regulation by the Nevada Gaming Commission and in the manner prescribed by the Chair of the Board that the report has been filed with the Securities and Exchange Commission.
§§ 78m(d)(1), 78m(g) and 78p(a), respectively, shall, [within 10 days] after filing the report and any amendment thereto with the Securities and Exchange Commission, notify the Nevada Gaming Commission on the date specified in regulation by the Nevada Gaming Commission and in the manner prescribed by the Chair of the Board that the report has been filed with the Securities and Exchange Commission.
or debt security,ial or record ownership of any nonvoting security or in a publicly traded corporation created under the laws of a such reports and is subject to such a finding of suitability as the Commission may prescribe.
or debt security,ial or record ownership of any nonvoting security or in a publicly traded corporation created under the laws of a foreign country which is registered with the Commission shall file such reports and is subject to such a finding of suitability as the Commission may prescribe.
(a) Within 2 days after possession of such intent, notify the Chair of the Board in the manner prescribed by the Chair;
- 80th Session (2019) – 14 – (a) Within 2 days after possession of such intent, notify the Chair of the Board in the manner prescribed by the Chair;
(b) Apply to the Commission for a finding of suitability within 30 days after notifying the Chair pursuant to paragraph (a);
(b) Apply to the Commission for a finding of suitability within days after notifying the Chair pursuant to paragraph (a);
Except as otherwise provided by the Commission, a person who has beneficial ownership of less than 10 percent of each class - *SB73_R3* – 14 – of voting securities of a publicly traded corporation registered with the Commission, acquired or held by the person through a pension or employee benefit plan, or the plan sponsor of a pension or employee benefit plan that has ownership of less than 10 percent of each class of voting securities of such a publicly traded corporation, need not notify the Commission, apply for a finding of suitability with the Commission or deposit the required sum of money with the Board pursuant to subsection 6 before engaging in any proscribed activity.
Except as otherwise provided by the Commission, a person who has beneficial ownership of less than 10 percent of each class of voting securities of a publicly traded corporation registered with or employee benefit plan, or the plan sponsor of a pension orion employee benefit plan that has ownership of less than 10 percent of each class of voting securities of such a publicly traded corporation, need not notify the Commission, apply for a finding of suitability with the Commission or deposit the required sum of money with the Board pursuant to subsection 6 before engaging in any proscribed activity.
Any person required by the Commission or this section to be found suitable who is found unsuitable by the Commission shall not hold directly or indirectly the:
Any person required by the Commission or this section to be found suitable who is found unsuitable by the Commission sha(a) Beneficial ownership of any voting security;
(a) Beneficial ownership of any voting security;
or (b) Beneficial or record ownership of any nonvoting security or debt security, of a publicly traded corporation which is registered with the Commission beyond the time prescribed by the Commission.
or debt security,ial or record ownership of any nonvoting security or of a publicly traded corporation which is registered with the Com[8.] 10.
[8.] 10.
Sec.
- 80th Session (2019) – 15 – Sec.
2.
lease is not required to be licensed under this section.
A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section.
a capital 3.
- *SB73_R3* – 15 – 3.
or (b) Antique gaming devices, to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.
or (b) Antique gaming devices, to sell such devices without procuring a license therefor to res5.entUpon approval by the Board, a gaming device owned by:is legal.
5.
Upon approval by the Board, a gaming device owned by:
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.
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.
An application for approval must be sub6.tteA manufacturer who performs any action described inr.
An application for approval must be submitted to the Board in the manner prescribed by the Chair.
paragraph (a), (b) or (c) of subsection 1 of NRS 463.01715 is not required to be licensed under the provisions of this section with respect to the performance of that action if another manufacturer who is licensed under the provisions of this section assumes responsibility for the performance of that action.
6.
A manufacturer who performs any action described in paragraph (a), (b) or (c) of subsection 1 of NRS 463.01715 is not required to be licensed under the provisions of this section with respect to the performance of that action if another manufacturer - 80th Session (2019) – 16 – who is licensed under the provisions of this section assumes responsibility for the performance of that action.
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 or composition of a control program if a manufacturer who is licensed under the provisions of this section assumes responsibility for the the control program.
8.
programming, production or composition of 8.
The burden of - *SB73_R3* – 16 – proving his or her qualification to receive or hold a license under this section is at all times on the applicant or licensee.
The burden of proving his or her qualification to receive or hold a license under this section is at all times on the applicant or licensee.
12.
employee, whether for hire or not, to knowingly distribute anyor 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 any jurisdiction where the possession, ownership or use of any such device, system or equipment is illegal.
(a) “Antique gaming device” means a gaming device that was man(b) “Assume responsibility” has the meaning ascribed to it in NRS 463.01715.
(a) “Antique gaming device” means a gaming device that was manufactured before 1961.
NRS 463.0155.ol program” has the meaning ascribed to it in (d) “Holding company” has the meaning ascribed to it in NRS 463.485.
(b) “Assume responsibility” has the meaning ascribed to it in NRS 463.01715.
(c) “Control program” has the meaning ascribed to it in NRS 463.0155.
- 80th Session (2019) – 17 – (d) “Holding company” has the meaning ascribed to it in NRS 463.485.
In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a manufacturer, distributor or seller of gaming devices [or mobile gaming systems] must indicate in the application submitted to the Commission whether the applicant has a state business license.
In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a manufacturer, distributor or seller of gaming devices [or mobile gaming systems] must indicate in the application submitted to the the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter of NRS.
If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
- *SB73_R3* – 17 – (a) The applicant fails to submit the information required by subsection 1;
(a) The applicant fails to submit the information required by subsection 1;
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
for the issuance or renewal of the license;
(a) The application or any other forms that must be submitted for the issuance or renewal of the license;
or must be submitted (b) A separate form prescribed by the Commission.
or (b) A separate form prescribed by the Commission.
devices [or mobile gaming systems] may not be issued or renewedaming by the Commission if the applicant is a natural person who:
- 80th Session (2019) – 18 – 3.
A license as a manufacturer, distributor or seller of gaming devices [or mobile gaming systems] may not be issued or renewed by the Commission if the applicant is a natural person who:
or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
or (b) Indicates on the statement submitted pursuant to subsection that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the4.epaIf an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commission shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
4.
Sec.
If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commission shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
- *SB73_R3* – 18 – Sec.
If the Commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a manufacturer, distributor or seller of gaming devices , [or mobile gaming systems,] the Commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commission receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
If the Commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a manufacturer, distributor or seller of gaming devices , [or mobile gaming systems,] the Commission shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commission receives a letter issued to the holder of the license 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec.
- 80th Session (2019) – 19 – Sec.
issuance of a license as a manufacturer, distributor or seller ofe gaming devices [or mobile gaming systems] must include the social secSec.
463.653 The application of a natural person who applies for the issuance of a license as a manufacturer, distributor or seller of gaming devices [or mobile gaming systems] must include the social security number of the applicant.
Sec.
(a) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems [, mobile gaming systems] and interactive gaming systems is essential to carry out the provisions of this chapter.
(a) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems essential to carry out the provisions of this chapter.ms is (b) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems [, mobile gaming systems] and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.
(b) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems [, mobile gaming systems] and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.
- *SB73_R3* – 19 – 2.
2.
(a) For use in this State, before the game or gaming device is put into play.
into play.
(b) In this State for use outside this State, before the game or gaming device is shipped out of this State.
use in this State, before the game or gaming device is put (b) In this State for use outside this State, before the game or gaming device is shipped out of this State.
6.
- 80th Session (2019) – 20 – 6.
In addition to all other fees and charges imposed by this chapter, the Board may determine, charge and collect an inspection fee from each manufacturer, seller, distributor or independent inspection and investigation.
In addition to all other fees and charges imposed by this chapter, the Board may determine, charge and collect an inspection fee from each manufacturer, seller, distributor or independent testing laboratory which must not exceed the actual cost of inspection and investigation.
not exceed the actual cost of 7.
7.
laboratories and of each person that owns, operates or hastesting significant involvement with an independent testing laboratory, specify the form of the application required for such registration, set forth the qualifications required for such registration and establish the fees required for the application, the investigation of the applicant and the registration of the applicant.
(a) Provide for the registration of independent testing laboratories and of each person that owns, operates or has significant involvement with an independent testing laboratory, forth the qualifications required for such registration and establishet the fees required for the application, the investigation of the applicant and the registration of the applicant.
(c) Establish uniform protocols and procedures which the Board and independent testing laboratories must follow during an inspection performed pursuant to subsection 3 or 5, and which independent testing laboratories must follow during the certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system [, mobile gaming - *SB73_R3* – 20 – system] or interactive gaming system, or any components thereof, for use in this State or for shipment from this State.
(c) Establish uniform protocols and procedures which the Board and independent testing laboratories must follow during an inspection performed pursuant to subsection 3 or 5, and which independent testing laboratories must follow during the certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system [, mobile gaming system] or interactive gaming system, or any components thereof, for use in this State or for shipment from this State.
(d) Allow an application for the registration of an independent testing laboratory to be granted upon the independent testing laboratory’s completion of an inspection performed in compliance with the uniform protocols and procedures established pursuant to paragraph (c) and satisfaction of such other requirements that the Board may establish.
(d) Allow an application for the registration of an independent testing laboratory to be granted upon the independent testing laboratory’s completion of an inspection performed in compliance paragraph (c) and satisfaction of such other requirements that the Board may establish.
The Commission shall retain jurisdiction over any person registered pursuant to this section and any regulation adopted thereto, in all matters relating to a game, gaming device, associated equipment, cashless wagering system, inter-casino linked system [, mobile gaming system] or interactive gaming system, or any component thereof or modification thereto, even if the person ceases to 9.
The Commission shall retain jurisdiction over any person registered pursuant to this section and any regulation adopted - 80th Session (2019) – 21 – thereto, in all matters relating to a game, gaming device, associated equipment, cashless wagering system, inter-casino linked system [, mobile gaming system] or interactive gaming system, or any component thereof or modification thereto, even if the person ceases to be registered.
reA person registered pursuant to this section is subject to the investigatory and disciplinary proceedings that are set forth in NRS those sections.318, inclusive, and shall be punished as provided in 10.
9.
The Commission may, upon recommendation of the Board, require the following persons to file an application for a finding of suitability:
A person registered pursuant to this section is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.
require the following persons to file an application for a finding of suitability:
- *SB73_R3* – 21 – 12.
12.
As used in this section, unless the context otherwise requires, “independent testing laboratory” means a private laboratory that is registered by the Board to inspect and certify games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems [, mobile gaming systems] or interactive gaming systems, and any components thereof and modifications thereto, and to perform such other services as the Board and Commission may request.
As used in this section, unless the context otherwise requires, “independent testing laboratory” means a private laboratory that is registered by the Board to inspect and certify games, gaming devices, associated equipment, cashless wagering interactive gaming systems, and any components thereof andems] or modifications thereto, and to perform such other services as the Board and Commission may request.
(b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to license service providers by maintaining strict regulation and control of the operation of such service providers and all persons and locations ass2.iaExcept as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provider and all persons, locations and matters associated therewith.
- 80th Session (2019) – 22 – (b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to license service providers by maintaining strict regulation and control of the operation of such service providers and all persons and locations associated therewith.
2.
Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provider and all persons, locations and matters associated therewith.
(d) A provision that a person owning, operating or having significant involvement with a service provider, as determined by the Commission, may be required by the Commission to be found - *SB73_R3* – 22 – suitable to be associated with licensed gaming, including race book or sports pool operations.
(d) A provision that a person owning, operating or having significant involvement with a service provider, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.
(e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that a service provider must be liable to the licensee on whose behalf the services are provided for the service provider’s proportionate share of the fees and taxes paid by the licensee.
and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that a service provider must be liable to the licensee on whose behalf the services are provided for the service provider’s proportionate share of the fees and taxes paid by the licensee.
Regulations adopted by the Commission pursuant to this section must provide that the premises on which a service provider conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the service provider is a gaming licensee.
Regulations adopted by the Commission pursuant to this section must provide that the premises on which a service provider - 80th Session (2019) – 23 – conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the service provider is a gaming licensee.
(a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming(1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;
(a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:
wagers that are initiated, received or made on an interactive gaming system are associated;
(1) Manages, administers or controls wagers that are initia(2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;
or - *SB73_R3* – 23 – (4) Meets such other or additional criteria as the Commission may establish by regulation.
or may establish by regulation.r additional criteria as the Commission Sec.
Sec.
3.
- 80th Session (2019) – 24 – 3.
To reduce the amount wagered or cancel the bet after which is the subject of the bet, including pinching bets.vent 7.
To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.
7.
To change or alter the normal outcome of any game played on an interactive gaming system [or a mobile gaming system] or the way in which the outcome is reported to any participant in the game.
To change or alter the normal outcome of any game played way in which the outcome is reported to any participant in the game.
- *SB73_R3* – 24 – Sec.
Sec.
2.
- 80th Session (2019) – 25 – 2.
A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this State and otherwise complies with subsection 3 of NRS 464.020 and all other applicable laws and regulations concerning wagering;
A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this State and otherwise complies with subsection of NRS 464.020 and all other applicable laws and regulations concerning wagering;
4.] Any other person or establishment that is licensed to engage in wagering pursuant to title 41 of NRS, if the wager is accepted or received within this State and otherwise complies with all other app[5.] 4.
in wagering pursuant to title 41 of NRS, if the wager is accepted or received within this State and otherwise complies with all other applicable laws and regulations concerning wagering;
Any other person or establishment that is licensed to engage in wagering in another jurisdiction and is permitted to accept agreement entered into by the Governor pursuant to NRS 463.747.
or [5.] 4.
Any other person or establishment that is licensed to engage in wagering in another jurisdiction and is permitted to accept or receive a wager from patrons within this State under an agreement entered into by the Governor pursuant to NRS 463.747.
(1) An operator of a mobile gaming system described in paragraph (a);
paragraph (a);
or (2) The operation of such a mobile gaming system described in paragraph (a);
orrator of a mobile gaming system described in (2) The operation of such a mobile gaming system described in paragraph (a);
or - *SB73_R3* – 25 – (c) A successor in interest to a person who acquires a financial interest described in paragraph (b).
or (c) A successor in interest to a person who acquires a financial interest described in paragraph (b).
Sec.
- 80th Session (2019) – 26 – Sec.
This section and sections 1, 1.3, 1.5 and 10.2 to 10.8, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks to carry out the amendatory provisions of this act, and on January 1, 2020, for all other purposes.
This section and sections 1, 1.3, 1.5 and 10.2 to 10.8, inclusive, of this act become effective upon passage and other preparatory administrative tasks to carry out the amendatoryy provisions of this act, and on January 1, 2020, for all other purposes.
TEXT OF REPEALED SECTIONS 463.0176 “Mobile gaming” defined.
~~~~~ 19 - 80th Session (2019)
“Mobile gaming” means the conduct of gambling games through communications devices operated solely in an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a person to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information.
For the purposes of this section, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission and reception by systems based on wireless network,n, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks.
The term does not include the Internet.
463.730 License required to operate, manufacture, sell or distribute mobile gaming system or to manufacture equipment associated with mobile gaming;
powers and duties of Commission;
regulations;
conditions.
1.
Except as otherwise provided in subsection 2, the Commission may, with the advice and assistance of the Board, - *SB73_R3* – 26 – adopt regulations governing the operation of mobile gaming and the lic(a) An operator of a mobile gaming system;
(b) A manufacturer, seller or distributor of a mobile gaming system;
and (c) A manufacturer of equipment associated with mobile gaming.
2.
The Commission may not adopt regulations pursuant to this section until the Commission first determines that:
(a) Mobile gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from areas of licensed gaming establishments that have been approved by the Commission for that purpose;
and with all applicable laws.be operated in a manner which complies 3.
The regulations adopted by the Commission pursuant to this section must:
(a) Provide that gross revenue received by a licensed gaming establishment or the operator or the manufacturer of a mobile gaming system from the operation of mobile gaming is subject to the same license fee provisions of NRS 463.370 as the other games and gaming devices operated at the licensed gaming establishment.
(b) Provide that a mobile communications device which displays information relating to the game to a participant in the game as part of a mobile gaming system is subject to the same fees and taxes 463.385.le to slot machines as set forth in NRS 463.375 and (c) Set forth standards for the security of the computer system and its location, which may be outside a licensed gaming establishment but must be within this State, and for approval of hardware and software used in connection with mobile gaming.
(d) Define “mobile gaming system,” “operator of a mobile gaming system” and “equipment associated with mobile gaming” as the terms are used in this chapter.
463.735 Enforceability of mobile gaming debts.
A debt incurred by a patron in connection with playing a mobile gaming system at a licensed gaming establishment is valid and may be enforced by legal process.
H - *SB73_R3*
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Amendments

3 amendments

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Action History

  1. Chapter 226.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment Nos. 671 and 820 concurred in. To enrollment.

  5. In Senate.

  6. From printer. To reengrossment. Reengrossed. Third reprint. Read third time. Passed, as amended. Title approved. (Yeas: 38, Nays: 1, Excused: 2, Vacant: 1.) To Senate.

  7. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 820.) To printer.

  8. Taken from General File. Placed on Chief Clerk's desk.

  9. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  10. Read second time. Amended. (Amend. No. 671.) To printer.

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

  12. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  13. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  14. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 187.) To printer.

  15. Read first time. To committee.

  16. From printer.

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

Sponsors

  • Senate Committee on Judiciary · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senate Committee on 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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Frequently asked questions

What does SB 73 do?
AN ACT relating to gaming; revising the definition of “gaming device” to include mobile gaming; removing or repealing certain provisions relating to mobile gaming; revising certain provisions relating to publicly traded corporations registered with the Nevada Gaming Commission; and providing other matters properly relating thereto.
Who sponsors SB 73?
SB 73 is sponsored by Senate Committee on Judiciary.
What is the current status of SB 73?
This bill has been enacted into law. Introduced November 20, 2018. Enacted.
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