Nevada 2023 Regular Session Status: Enacted Bipartisan · 16 D · 4 R cosponsors

SB 266 — Revises various provisions relating to gaming. (BDR 41-943)

Last action — Chapter 412.

  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 March 13, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 14, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 24 sponsors

    10 primary, 14 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (16 D · 4 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

289 added · 138 removed

Plain-language change summary

Senate Bill 266 has been amended to clarify the exclusion of certain entry fees from the gross revenue that gaming licensees report when calculating their monthly license fees. Specifically, the bill now states that any part of these entry fees designated as employee compensation will not be included in gross revenue calculations. This change is important because it allows gaming establishments to allocate more funds towards employee compensation without it negatively affecting their licensing fees. This could ultimately support better employee retention and satisfaction within the industry.

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EXEMPT (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
Senate Bill No.
266 SENATE BILL N O.
266–Senators Pazina, Nguyen, Dondero Loop, Hammond, Lange;
266–SENATORS P AZINA, NGUYEN , DONDERO LOOP , HAMMOND , L ANGE;
Cannizzaro, Donate, Krasner, Neal and Seevers Gansert Joint Sponsors:
C ANNIZZARO , DONATE , K RASNER, NEAL AND SEEVERS G ANSERT M ARCH 13, 2023 ____________ JOINT S PONSORS :
Assemblymen O’Neill, Watts, Kasama, Jauregui, Yeager;
ASSEMBLYMEN O’N EILL, W ATTS, K ASAMA , JAUREGUI , EAGER ;
Backus, Carter, Dickman, Hafen, Monroe-Moreno, Mosca, Newby, Nguyen and Taylor CHAPTER..........
BACKUS , ARTER , DICKMAN , HAFEN, M ONROE -M ORENO , M OSCA , NEWBY , N GUYEN AND TAYLOR ____________ Referred to Committee on Judiciary SUMMARY—Excludes certain portions of entry fees for participation in certain contests or tournaments from the gross revenue of gaming licensees for certain purposes.
(BDR 41-943) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions relating to the designation of gaming enterprise districts;
revising requirements relating to the filing of certain information concerning foreign gaming with the Nevada Gaming Control Board;
Legislative Counsel’s Digest:
LegiExisting law requires the Nevada Gaming Commission to charge and collect from each licensee a monthly license fee in an amount equal to a certain percentage of the gross revenue of the licensee.
Existing law requires the Nevada Gaming Commission to charge and collect from each licensee a monthly license fee in an amount equal to a certain percentage of the gross revenue of the licensee.
(NRS 463.370) Under existing law, the gross revenue on which the monthly license fee is imposed includes entry fees for the right to participate in contests and tournaments, minus certain enumerated deductions.
(NRS 463.370) Under existing law, the gross right to participate in contests and tournaments, minus certain enumeratedr the deductions.
(NRS 463.0161) Section 1 of this bill excludes from the gross revenue on which the monthly license fee is imposed any portion of entry fees for the right gaming establishment with the participants physically present at those premisessed when participating if the portion of those fees is designated as:
(NRS 463.0161) This bill excludes from the gross revenue on which the monthly license fee is imposed any portion of entry fees for the right to participate in contests and tournaments conducted on the premises of a licensed gaming establishment with the participants physically present at those premises when participating if the portion of those fees is designated as:
(1) employee compensation and used to pay an employee of a licensee additional compensation for being involved in the organization or operation of the contest or tournament;
(1) employee compensation and used to pay an employee of a licensee additional compensation - *SB266_R1* – 2 – for being involved in the organization or operation of the contest or tournament;
(3) an addition to a payoff schedule of the contest or tournament that is paid as a prize to a participant in a present or future contest or tournament;
(3) an addition to a payoff schedule of the contest or tournament that is paid as a prize to a participant guaranteed payouts of future contests or tournaments.
or (4) an addition to an account to pay cash from an entry fee excluded from gross revenue:
Section 1 also clarifies thatay cash from an entry fee excluded from gross revenue:
(1) may not be deducted fromhat gross revenue when paid out or distributed for a purpose other than the purpose for which an exclusion is authorized;
(1) may not be deducted from gross revenue when paid out or distributed for a purpose other than the purpose for which an exclusion is authorized;
and (2) required to adopt regulations requiring audits of the financial statements of nonrestricted licensees the Consumer Price Index (All Items) for the preceding year.
and (2) required to adopt regulations requiring audits of the financial statements of nonrestricted licensees whose annual gross revenue is $5,000,000 or more, as adjusted annually based on - 82nd Session (2023) – 2 – the Consumer Price Index (All Items) for the preceding year.
(NRS 463.125,ed on 463.159) Because this bill excludes from gross revenue certain portions of the entry fee for the right to participate in contests or tournaments, that revenue would be excluded for the purposes of these calculations.
(NRS 463.125, 463.159) Because section 1 excludes from gross revenue certain portions of the entry fee for the right to participate in contests or tournaments, that revenue would be eExisting law prohibits the Nevada Gaming Commission from approving a nonrestricted license for an establishment in a county whose population is 700,000 or more (currently only Clark County) unless the establishment is located in a gaming enterprise district, which is defined as “an area that has been approved by a county, city or town as suitable for operating an establishment that has been issued a nonrestricted license.” (NRS 463.0158, 463.308) If the location of a proposed establishment is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone, but not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3084.
(NRS 463.3082) However, if the location of the proposed establishment is not within the Las Vegas Boulevard gaming corridor or gaming enterprise district, the Commission is prohibited from approving ated as a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3086, which contains certain additional requirements that are not contained in NRS 463.3084, such as:
(1) the property line of the proposed establishment must be not less than 500 feet from the property line of a developed residential district and not less than 1,500 feet from the property line of a public school, private school or structure used primarily for religious services or worship;
and (2) a three-fourths vote of the governing body of the county, city or town is required for designation of the location as a gaming enterprise district.
(NRS 463.3086) Section 1.3 of this bill provides that a proposed establishment that meets certain criteria is not subject to certain requirements of existing law related to the designation of the location of the proposed establishment as aExisting law requires certain persons licensed to operate gaming establishments in this State who also conduct gaming operations outside this State to file certain documents with the Nevada Gaming Control Board as soon as the licensee begins participating in gaming outside this State.
Thereafter, the licensee is required to file annual and quarterly reports containing certain information concerning the gaming operations outside this State.
(NRS 463.710) Section 1.5 of this bill revises those filing requirements to:
(1) require a notice to be filed when participation in gaming outside this State begins and terminates;
(2) eliminate the requirement to file certain annual reports;
and (3) revise the content that is required to be included in the required quarterly reports.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(a) Cash received as winnings;
- 82nd Session (2023) – 3 – (b) [Cash] Except as otherwise provided in paragraph (g) of subsection 2, cash received as entry fees for the right to participate in contests and tournaments;
(b) [Cash] Except as otherwise provided in paragraph (g) of subsection 2, cash received as entry fees for the right to participate in contests and tournaments;
- *SB266_R1* – 3 – (b) Coins of other countries which are received in gaming devices;
devices;oins of other countries which are received in gaming (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;
(c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;
Show all 109 changed rows (69 more)
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(1) As employee compensation and paid as compensation to an employee of a licensee who is involved in the organization or operation of the contest or tournament, in addition to the regular compensation of the employee;
an employee of a licensee who is involved in the organization or operation of the contest or tournament, in addition to the regular compensation of the employee;
(3) As an addition to a payoff schedule of the contest or tournament that is fixed, or increases automatically over time or as the contest or tournament is played, and that is paid as a prize to a patron participating in the present or a future contest or tournament;
- 82nd Session (2023) – 4 – tournament that is fixed, or increases automatically over time or as the contest or tournament is played, and that is paid as a prize to a patron participating in the present or a future contest or tournament;
The amount of cash received as entry fees for the right to participate in a contest or tournament that is excluded from gross revenue pursuant to paragraph (g) of subsection 2:
The amount of cash received as entry fees for the right to participate in a contest or tournament that is excluded from gross rev(a) May not be deducted from the amount of the entry fees included in gross revenue pursuant to subsection 1 if the amount is paid or distributed for any purpose other than a purpose set forth in paragraph (g) of subsection 2;
(a) May not be deducted from the amount of the entry fees included in gross revenue pursuant to subsection 1 if the amount - *SB266_R1* – 4 – is paid or distributed for any purpose other than a purpose set forth in paragraph (g) of subsection 2;
1.3.
NRS 463.3086 is hereby amended to read as follows:
463.3086 1.
If the location of a proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the(b) Is not within a gaming enterprise district,  the Commission shall not approve a nonrestricted license for the establishment unless the location of the establishment is designated a gaming enterprise district pursuant to this section.
If a person is proposing to operate an establishment with a nonrestricted license and the location of the proposed establishment:
(a) Is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone;
and (b) Is not within a gaming enterprise district, - 82nd Session (2023) – 5 – jurisdiction over the location of the proposed establishment to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
3.
If a person files a petition pursuant to subsection 2, the county, city or town shall, at least 10 days before the date of the hearing on the petition, mail a notice of the hearing to:
(a) Each owner of real property whose property line is less than 2,500 feet from the property line of the proposed establishment;
(b) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the proposed establishment, to the extent this notice does not duplicate the notice given pursuant to paragraph (a);
(c) Each tenant of a mobile home park whose property line is less than 2,500 feet from the property line of the proposed establishment;
and (d) Any advisory board that represents one or more owners of is less than 2,500 feet from the property line of the proposedline establishment.
 The notice must be written in language that is easy to understand and must set forth the date, time, place and purpose of the hearing and contain a physical description or map of the location of the proposed establishment.
The petitioner shall pay the costs of providing the notice that is required by this subsection.
4.
Any interested person is entitled to be heard at the hearing on the petition.
5.
The county, city or town shall cause the hearing on the petition to be reported by a court reporter who is certified pursuant to chapter 656 of NRS.
The petitioner shall pay the costs of having the hearing reported.
6.
At the hearing, the petitioner must prove by clear and convincing evidence that:
the location are adequate;anitation, utilities and related services to (b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;
(c) The proposed establishment will enhance, expand and stabilize employment and the local economy;
(d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive;
- 82nd Session (2023) – 6 – (e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area;
(f) [On] Except as otherwise provided in subsection 7, on the establishment was not less than:, the property line of the proposed (1) Five hundred feet from the property line of a developed residential district;
and (2) Fifteen hundred feet from the property line of a public school, private school or structure used primarily for religious services or worship;
and (g) [The] Except as otherwise provided in subsection 7, the proposed establishment will not adversely affect:
(1) A developed residential district;
or (2) A public school, private school or structure used primarily for religious services,  whose property line is within 2,500 feet from the property line of the proposed establishment.
7.
The provisions of paragraphs (f) and (g) of subsection 6 do not apply if:
(a) The location of the proposed establishment consists of 20 or more contiguous acres;
(b) The property line of the proposed establishment is separated by an interstate highway from the property line of any developed residential district, public school, private school or structure used primarily for religious services;
and (c) Part of the location of the proposed establishment is within the8.as A three-fourths vote of the governing body of the county, city or town is required to grant the petition to designate the location of the proposed establishment a gaming enterprise district pursuant to this section.
[8.] 9.
A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.
[9.] 10.
As used in this section:
(a) “Developed residential district” means a parcel of land zoned primarily for residential use in which at least one completed residential unit has been constructed on the date that the petitioner files a petition pursuant to this section.
(b) “Private school” has the meaning ascribed to it in NRS 394.103.
- 82nd Session (2023) – 7 – (c) “Public school” has the meaning ascribed to it in NRS 385.007.
Sec.
1.5.
NRS 463.710 is hereby amended to read as follows:
463.710 Unless otherwise ordered by the Board or Commission, a licensee who participates in foreign gaming shall file with the Board:
1.
As soon as participation in foreign gaming begins, [all documents filed by the licensee or by an affiliate with the foreign jurisdiction.] a notice indicating that fact.
2.
[Annual operational and regulatory reports describing compliance with regulations, procedures for audit, and procedures for3.]rveQuarterlyelareports thregarding gaanyg oofratthe.
following information which is within the knowledge of the licensee:
(a) Any changes in ownership or control of any interest in the foreign gaming operation;
(b) Any changes in officers, directors or key employees ;
[of the foreign gaming operation;] (c) All complaints, disputes, orders to show cause and disciplinary actions, related to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction [concerning the foreign gaming operation;] outside this State;
(d) Any arrest of an employee [of the foreign gaming operation] involving cheating or theft, related to gaming, in the foreign jurisdiction;
and (e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign gaming operation for an offense that would constitute a gross misdemeanor or felony in this state.
3.
As soon as participation in foreign gaming has entirely ceased, a notice indicating that fact.
4.
Such other information as the Commission requires by regulation.
Sec.
2.
H - *SB266_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

3 amendments

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Action History

  1. Chapter 412.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: 2.) To Senate. In Senate. Assembly Amendment No. 942 concurred in. To enrollment.

  5. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 942.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. Taken from General File. Placed on General File for next legislative day.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Ways and Means. To committee.

  7. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 754.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 18, Nays: None, Excused: 3.) To printer.

  8. From printer. To engrossment. Engrossed. First reprint. To committee.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 509.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

  10. Notice of eligibility for exemption.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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10 sponsors · 14 co-sponsors · 43 not signed on

Sponsors (10)

Co-sponsors (14)

Not signed on (43)

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Frequently asked questions

Who sponsors SB 266?
SB 266 is sponsored by Pazina, Julie (Democratic), Nguyen, Rochelle T. (Democratic), Dondero Loop, Marilyn (Democratic), Lange, Roberta (Democratic), Philip PK O’Neill, Watts, Howard (Democratic), Kasama, Heidi (Republican), Jauregui, Sandra (Democratic), Yeager, Steve (Democratic), Cannizzaro, Nicole J. (Democratic), Doñate, Fabian (Democratic), Krasner, Lisa (Republican), Neal, Dina (Democratic), Heidi Seevers O'Gara, Backus, Shea M. (Democratic), Carter, Max E., II (Democratic), Dickman, Jill (Republican), Hafen, Gregory T., II (Republican), Monroe-Moreno, Daniele (Democratic), Mosca, Erica (Democratic), Sabra Newby, Nguyen, Duy (Democratic), Taylor, Angela D. (Democratic), and Scott Hammond.
What is the current status of SB 266?
This bill has been enacted into law. Introduced March 13, 2023. Enacted.
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