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REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 13, 14) (Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.
Senate Bill No.
165 S ENATE BILL N O.
165–Senator Kieckhefer CHAPTER..........
165–S ENATOR K IECKHEFER M ARCH 2, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Establishes provisions relating to Esports.
(BDR 41-562) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
creating the Nevada Esports Commission to regulate Esports;
establishing the Esports Technical Advisory Committee;
prescribing the membership and terms of office of members of the Commission;
requiring the Nevada Gaming Control Board to appoint the members of the Committee;
requiring the Commission to establish a technical advisory committee;
authorizing the Committee to make certain recommendations to the Board relating to Esports;
providing for the appointment of the Executive Director of the Commission;
authorizing the Board to adopt regulations relating to the recommendations of the Committee;
authorizing the Executive Director to apply for grants and accept gifts, grants and donations on behalf of the Commission;
requiring certain persons to be registered with the Commission;
authorizing the Commission to adopt regulations;
providing a penalty;
Section 8 of this bill creates the Nevada Esports Commission, within the Department of Business and Industry, to regulate Esports.
Section 10.5 requires the Nevada Gaming Control Board to appoint members to the Committee and requires the Committee to make recommendations to the Board regarding any guidelines and parameters that are necessary to safeguard the integrity of Esports when wagers are placed at such competitions.
Sections 3-7 of this bill “Esports” as a contest of multiple players using video games.ncluding the term Sections 9 and 10 of this bill prescribe the membership and terms of office of the members of the Commission.
Section 10.5 also authorizes the Board to adopt regulations as are necessary to carry out the recommendations of the Committee.
Section 10.5 of this bill requires the Commission to establish a technical advisory committee to provide recommendations relating to the adoption of regulations pursuant to section 15 of this bill and any other matters of importance to the Commission.
EXPLANATION – Matter in bolded italics is new;
Section 11 of this bill requires the Governor to authorizes the Executive Director to apply for any grants and accept any gifts, grants or donations for the support of the Commission.
matter between brackets [omitted material] is material to be omitted.
Sections 13 and 14 of this - *SB165_R1* – 2 – bill require certain persons to register with and provide certain information to the Commission before staging or engaging in any Esports.
W HEREAS , Nevada is known as the entertainment capital of the world and is a pioneer in providing new and exciting entertainment opportunities to the public;
Section 15 authorizes the violation of the requirements relating to Esports a misdemeanor.
this bill makes a W HEREAS , Nevada is known as the entertainment capital of the world and is a pioneer in providing new and exciting entertainment opportunities to the public;
now, therefore, THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
now, therefore, - 81st Session (2021) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Title 41 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 16, inclusive, of this act.
Sections 1-10.
Sec.
(Deleted by amendment.) Sec.
10.5.
Chapter 463 of NRS is hereby amended by adding the1.to There is hereby created the Esports Technical Advisory Committee.
As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
The Board shall appoint members to the Committee consisting of professionals from the Esports industry, including, without limitation:
Sec.
(a) Game publishers;
(b) Hosts;
(c) Participants;
and (d) Broadcasters.
“Commission” means the Nevada Esports Commission created by section 8 of this act.
The Committee shall provide recommendations to the Board on any guidelines and parameters that are necessary to safeguard the integrity of Esports when wagers are placed at such competitions.
Sec.
“Esports” means a contest of multiple players using video games.
In carrying out its duties, the Committee may not request or require the disclosure of any proprietary information, intellectual property or trade secret.
Sec.
“Host” means any person who produces or stages Esports.
Each member of the Committee shall serve without compensation.
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Sec.
“Participant” means any person who engages in Esports for remuneration.
The Board may adopt regulations as are necessary to carry out the recommendations of the Committee.
Sec.
As used in this section:
(a) “Esports” means a competition between individuals or teams using video games which is hosted at a physical location or online.
(b) “Host” means any person who:
(1) Acts as an organizer for Esports;
and (2) Produces or stages Esports.
(c) “Participant” means any individual or team who engages in Esports for remuneration.
Secs.
11-16.
8.
1.
The Nevada Esports Commission, consisting of five members appointed by the Governor, is hereby created within the Department of Business and Industry.
2.
Three members of the Commission constitute a quorum for the exercise of the authority conferred upon the Commission, and - *SB165_R1* – 3 – a concurrence of at least three of the members is necessary to render a choice or a decision by the Commission.
Sec.
9.
1.
Each member of the Commission must be:
(a) A citizen of the United States;
and (b) A resident of this State.
2.
No member of the Legislature, no person holding any elective office in the State Government, nor any officer or official of any political party is eligible for appointment to the Commission.
Sec.
10.
1.
The term of office of each member of the Commission is 4 years, commencing on the last Monday in January.
2.
The Governor shall appoint the members of the Commission and designate one member to serve as Chair, who shall coordinate the activities of the Commission.
The designation of Chair lasts for 2 years, unless revoked by the Governor.
3.
Each member of the Commission shall serve without compensation.
Sec.
10.5.
1.
The Commission shall establish a technical advisory committee consisting of professionals from the Esports industry, including, without limitation:
(a) Publishers;
(b) Hosts;
(c) Participants;
(d) Broadcasters;
and (e) Judges.
2.
The technical advisory committee shall provide recommendations to the Commission on:
(a) The adoption of regulations pursuant to section 15 of this act;
and (b) Any other matters of importance to the Commission.
3.
Each member of the technical advisory committee shall serve without compensation.
Sec.
11.
1.
The Governor shall appoint an Executive Director, who must not be a member of the Commission.
2.
The Executive Director serves at the pleasure of the Governor.
3.
The Executive Director may, within the limits of available money, employ such additional personnel as may be required to carry out the duties of the Commission.
4.
Except as otherwise provided in section 12 of this act, all money received by the Executive Director or the Commission pursuant to the provisions of this chapter must be deposited with the State Treasurer for credit to the State General Fund.
- *SB165_R1* – 4 – Sec.
12.
1.
The Executive Director may apply for any available grants and accept any gifts, grants or donations for the support of the Commission and its activities pursuant to the provisions of this chapter.
2.
Any money received pursuant to this section must be deposited in the Special Account for the Support of the Nevada Esports Commission, which is hereby created in the State General Fund.
Interest and income earned on money in the Account must be credited to the Account.
Money in the Account may only be used for the support of the Commission and its activities pursuant to the provisions of this chapter.
Sec.
13.
A host shall not stage any Esports unless the host has first:
1.
Registered with the Commission in the manner prescribed by the Commission;
2.
Supplied any information, including, without limitation, tournament rules, as required by the Commission;
and 3.
Paid any fee required by the Commission.
Sec.
14.
A participant shall not engage in any Esports unless the participant has first:
1.
Registered with the Commission in the manner prescribed by the Commission;
2.
Supplied any information as required by the Commission;
3.
Read and agreed to be bound by any applicable tournament rules submitted by the host to the Commission;
and 4.
Paid any fee required by the Commission.
Sec.
15.
1.
The Commission may adopt regulations necessary to carry out the provisions of this chapter.
2.
The regulations must:
(a) Ensure the integrity of Esports.
(b) Establish procedures for the enforcement of Commission rules and policies.
(c) Prescribe the powers and duties of hosts and participants.
(d) Provide for the registration and approval of hosts and participants.
(e) Establish qualifications for participants.
(f) Establish procedures for the testing of participants, including, without limitation, testing for banned or controlled substances.
(g) Require approval of venues that accommodate Esports.
Sec.
16.
Any person who violates any provision of this chapter or any regulations adopted pursuant thereto is guilty of a misdemeanor.
Sec.
1.
This act becomes effective on July 1, 2021.
This section becomes effective upon passage and approval.
~~~~~ 21 - 81st Session (2021)
- *SB165_R1* – 5 – 2.
Sections 1 to 16, inclusive, of this act become effective:
regulations and performing any other preparatory administrativey tasks that are necessary to carry out the provisions of this act;
and (b) On July 1, 2022, for all other purposes.
H - *SB165_R1*
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