SB 46 — Revises provisions relating to the regulation of gaming. (BDR 41-342)

(2) Register service providers [by maintaining] ;

and (3) Maintain strict regulation and control of the operation of such interactive gaming service providers or service providers , respectively, and all persons and locations associated therewith.

(1) The interactive gaming service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission [,] and to be - *SB46_R2* – 6 – licensed regardless of whether the interactive gaming service provider holds any [other] license.

(1) The licensing of persons owning or operating an interactive gaming service provider, and any person having a - 80th Session (2019) – 6 – significant involvement therewith, as determined by the Commission.

(d) A provision that a person owning, operating or having significant involvement with an interactive gaming service provider or a service provider, respectively, as determined by the Commission, may be required by the Commission to be found suitableor tosports bepool associatedoperations.with with licensed gaming, including race book (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 an interactive gaming service provider or sportsa poolservice operations.provider , respectively, must be liable to the licensee on whose behalf the services are provided for the interactive gaming service provider’s or service provider’s proportionate share of the fees and taxes paid by the licensee.

(e) Additional matters which the Commission deems necessary are consistent with the public policy of this State pursuant to NRSch 463.0129, including that an interactive gaming service provider or whose behalf the services are provided for the interactive gaming on service provider’s or 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 an interactive gaming service provider and a service provider , respectively, 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 interactive gaming service provider or service provider , respectively, is a gaming licensee.

- *SB46_R2* – 7 – (a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:

- 80th Session (2019) – 7 – (3) Maintains or operates the software or hardware of an interactive gaming system;

(1) [Acts on behalf of another licensed person who conducts nonrestricted gaming operations, and who assists, manages, administers or controls wagers or games, or maintains or operates the software or hardware of games on behalf of such a licensedlicensedtes person, and is authorized to share in the revenue from games without being licensed to conduct gaming at an establishment;

(3)] Is a cash access and wagering instrument service provid[(4)]provider; (2) Meets such other or additional criteria as the Commission may establish by regulation.

or [(4)] (2) Meets such other or additional criteria as the Commission may establish by regulation.

Sec.

6.

NRS 463.750 is hereby amended to read as follows:

The Commission shall, with the advice andollows:and assistance of the Board, adopt regulations governing [the] :

assistance of the Board, adopt regulations governing [the] :

(2) A license for a manufacturer of interactive gaming systems;system(3) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677;

[and] (3) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677;

- *SB46_R2* – 8 – (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware;

and - 80th Session (2019) – 8 – (3) A person must be registered as a service provider to perform the actions described in paragraph [(a)] (b) of subsection [5] 6 of NRS 463.677.

(2) Licensed as an interactive gaming service provider as described in paragraph (a) of subsection 6 of NRS 463.677 that are as stringent as the standards for a nonrestricted license;

(1) The initial fee for a license for an interactive gaming NRSservice 463.677.iderprovider as described in paragraph (a) of subsection 6 of (2)NRS The463.677. initial fee for registration as a service provider as descri[(2)] (3) The fee for the renewal of such a license for such an interactive gaming service provider or registration as a service provider , as applicable, and any renewal requirements for such a license [.] or registration, as applicable.

(2) The initial fee for registration as a service provider as described in paragraph (b) of subsection [5] 6 of NRS 463.677.

[(2)] (3) The fee for the renewal of such a license for such an interactive gaming service provider or registration as a service provider , as applicable, and any renewal requirements for such a license [.] or registration, as applicable.

(e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaminggamingme devices of the establishment, unless federal law otherwise provides for a similar fee or tax.

(g) Define “interactive gaming system,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and - *SB46_R2* – 9 – “proprietary hardware and software” as the terms are used in this chapter.

- 80th Session (2019) – 9 – (a) In a county whose population is 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

(2) Has more than 120 rooms available for sleeping accommodationsaccommo(3) inHas at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the samedrink county;for consumption on the premises;

(3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

and (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports boo(c)book In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gamingrace devicespool. or the(1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

(c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

(1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

(I) More than 50 rooms for sleeping accommodations in connection therewith;

oror50 rooms for sleeping accommodations in (II) More than 50 gaming devices in connection therewith.

and - *SB46_R2* – 10 – (3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed;

and - 80th Session (2019) – 10 – (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

(b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in whichwhichto patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;

and (d) Use of a covered asset is grounds for revocation of an thisinteractive section.aminggaming license, or a finding of suitability, issued under 7.this section.

The7. Commission, upon recommendation of the Board, may determines that:ements of subsection 6 if the Commission (a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:

(1) The coveredCommission, personupon didrecommendation not violate, directly or indirectly, any provision of federal law or the lawBoard, ofmay anywaive state in connection with the ownershiprequirements and operation of, or provision of servicessubsection to,6 anif interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the UnitedCommission States;determines that:

(a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:

(1) The covered person did not violate, directly or indirectly, with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States;

and - *SB46_R2*80th Session (2019) – 11 – (c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.

The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence.

employee,10. whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

section;It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

and(a) Until the Commission adopts regulations pursuant to this (b)section; Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

and (b) Unless the person first procures, and thereafter maintains in by the Commission pursuant to this section.d by the regulations adopted 11.

[and] - 80th Session (2019) – 12 – (c) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677;

and - *SB46_R2* – 12 – (d) Registration as a service provider to perform the actions described in paragraph [(a)] (b) of subsection [5] 6 of NRS 463.677.

The seal must have imprinted thereon the words “Nevada Gaming Commission.” 4.way not authorized by this chapter or the regulations of then any Commission.

A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Commission.

The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire, electronic or oralroral an communications, and the judge may, in accordance with NRS interception of wire, electronic or oral communications bythe investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468 , [or] the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS [.] or a violation of NRS 463.160 or 465.086.

- 80th Session (2019) – 13 – 2.

A provider of electronic communication service or a public utility, an officer, employee or agent thereof or another person associated with the provider of electronic communication service or public utility who, pursuant to an order issued pursuant to subsection 1, provides information or otherwise assists an investigative or law enforcement officer in the interception of a - *SB46_R2* – 13 – wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.

(g)(f) LuringOpen a child or agross personlewdness with mental illness pursuant to NRS 201.560,201.210; if punished as a felony.

or (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

1.regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

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