Assembly Bill No. 646–Committee on Judiciary

CHAPTER........

AN ACT relating to gaming; changing the deadline for collection of the annual excise tax on

slot machines; clarifying a provision governing the issuance and expiration of a

manufacturer’s, seller’s or distributor’s license; and providing other matters properly

relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463.385 is hereby amended to read as follows:

  1. 463.385 1. In addition to any other license fees and taxes imposed by
  1. this chapter, there is hereby imposed upon each slot machine operated in
  1. this state an annual excise tax of $250. If a slot machine is replaced by
  1. another, the replacement is not considered a different slot machine for the
  1. purpose of imposing this tax.
  1. 2. The commission shall:
  1. (a) Collect the tax annually on or before June [20,] 30, as a condition
  1. precedent to the issuance of a state gaming license to operate any slot
  1. machine for the ensuing fiscal year beginning July 1, from a licensee whose
  1. operation is continuing.
  1. (b) Collect the tax in advance from a licensee who begins operation or
  1. puts additional slot machines into play during the fiscal year, prorated
  1. monthly after July 31.
  1. (c) Include the proceeds of the tax in its reports of state gaming taxes
  1. collected.

3. Any other person, including, without limitation, an operator of an

inter-casino linked system, who is authorized to receive a share of the

revenue from any slot machine that is operated on the premises of a

licensee is liable to the licensee for that person’s proportionate share of the

license fees paid by the licensee pursuant to this section and shall remit or

credit the full proportionate share to the licensee on or before the dates set

forth in subsection 2. A licensee is not liable to any other person authorized

to receive a share of the licensee’s revenue from any slot machine that is

operated on the premises of a licensee for that person’s proportionate share

of the license fees to be remitted or credited to the licensee by that person

pursuant to this section.

  1. 4. The commission shall pay over the tax as collected to the state
  1. treasurer to be deposited to the credit of the state distributive school
  1. account in the state general fund, and the capital construction fund for
  1. higher education and the special capital construction fund for higher
  1. education, which are hereby created in the state treasury as special revenue
  1. funds, in the amounts and to be expended only for the purposes specified in
  1. this section.
  2. 5. During each fiscal year , the state treasurer shall deposit the tax paid
  1. over to him by the commission as follows:
  1. (a) The first $5,000,000 of the tax in the capital construction fund for
  1. higher education;
  1. (b) Twenty percent of the tax in the special capital construction fund for
  1. higher education; and
  1. (c) The remainder of the tax in the state distributive school account in
  1. the state general fund.
  1. 6. There is hereby appropriated from the balance in the special capital
  1. construction fund for higher education on July 31 of each year the amount
  1. necessary to pay the principal and interest due in that fiscal year on the
  1. bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979,
  1. as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the
  1. bonds authorized to be issued by section 2 of chapter 643, Statutes of
  1. Nevada 1987, at page 1503, the bonds authorized to be issued by section 2
  1. of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds
  1. authorized to be issued by section 2 of chapter 718, Statutes of Nevada
  1. 1991, at page 2382, and the bonds authorized to be issued by section 2 of
  1. chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the
  1. balance in that fund is not sufficient for this purpose, the remainder
  1. necessary is hereby appropriated on July 31 from the capital construction
  1. fund for higher education. The balance remaining unappropriated in the
  1. capital construction fund for higher education on August 1 of each year and
  1. all amounts received thereafter during the fiscal year must be transferred to
  1. the state general fund for the support of higher education. If bonds
  1. described in this subsection are refunded and if the amount required to pay
  1. the principal of and interest on the refunding bonds in any fiscal year
  1. during the term of the bonds is less than the amount that would have been
  1. required in the same fiscal year to pay the principal of and the interest on
  1. the original bonds if they had not been refunded, there is appropriated to
  1. the University and Community College System of Nevada an amount
  1. sufficient to pay the principal of and interest on the original bonds, as if
  1. they had not been refunded. The amount required to pay the principal of
  1. and interest on the refunding bonds must be used for that purpose from the
  1. amount appropriated. The amount equal to the saving realized in that fiscal
  1. year from the refunding must be used by the University and Community
  1. College System of Nevada to defray, in whole or in part, the expenses of
  1. operation and maintenance of the facilities acquired in part with the
  1. proceeds of the original bonds.
  1. 7. After the requirements of subsection 6 have been met for each fiscal
  1. year, when specific projects are authorized by the legislature, money in the
  1. capital construction fund for higher education and the special capital
  1. construction fund for higher education must be transferred by the state
  1. controller and the state treasurer to the state public works board for the
  1. construction of capital improvement projects for the University and
  1. Community College System of Nevada, including, but not limited to,
  2. capital improvement projects for the community colleges of the University
  1. and Community College System of Nevada. As used in this subsection,
  1. "construction" includes, but is not limited to, planning, designing, acquiring
  1. and developing a site, construction, reconstruction, furnishing, equipping,
  1. replacing, repairing, rehabilitating, expanding and remodeling. Any money
  1. remaining in either fund at the end of a fiscal year does not revert to the
  1. state general fund but remains in those funds for authorized expenditure.
  1. 8. The money deposited in the state distributive school account in the
  1. state general fund under this section must be apportioned as provided in
  1. NRS 387.030 among the several school districts of the state at the times
  1. and in the manner provided by law.
  1. 9. The board of regents of the University of Nevada may use any
  1. money in the capital construction fund for higher education and the special
  1. capital construction fund for higher education for the payment of interest
  1. and amortization of principal on bonds and other securities, whether issued
  1. before, on or after July 1, 1979, to defray in whole or in part the costs of
  1. any capital project authorized by the legislature.

Sec. 2. NRS 463.660 is hereby amended to read as follows:

  1. 463.660 1. The commission shall charge and collect from each
  1. applicant a fee of:
  1. (a) For the issuance or renewal of a manufacturer’s license, $1,000.
  1. (b) For the issuance or renewal of a seller’s or distributor’s license,
  1. $500.
  1. 2. All licenses must be issued for the calendar year beginning on
  1. January 1 and [expire] expiring on December 31. If the operation is
  1. continuing, the commission shall charge and collect the fee prescribed by
  1. subsection 1 on or before December 31 for the ensuing calendar year.
  1. Regardless of the date of application or issuance of the license, the fee to be
  1. charged and collected under this section is the full annual fee.
  1. 3. All license fees collected pursuant to this section must be paid over
  1. immediately to the state treasurer to be deposited to the credit of the state
  1. general fund.

Sec. 3. This act becomes effective upon passage and approval.

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