Assembly Bill No. 646–Committee on Judiciary

(On Behalf of Gaming Control Board)

March 22, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes relating to gaming. (BDR 41-416)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to gaming; revising the definition of "sports pool"; 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; providing that personal property which is used as an instrumentality in certain crimes related to gaming is subject to forfeiture; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 463.0193 is hereby amended to read as follows:

1-2 463.0193 "Sports pool" means the business of accepting [wagers] ,

1-3 transferring, brokering, facilitating or moving to or for another person a

1-4 wager on a sporting [events] event by any system or method of wagering.

1-5 Sec. 2. NRS 463.385 is hereby amended to read as follows:

1-6 463.385 1. In addition to any other license fees and taxes imposed by

1-7 this chapter, there is hereby imposed upon each slot machine operated in

1-8 this state an annual excise tax of $250. If a slot machine is replaced by

1-9 another, the replacement is not considered a different slot machine for the

1-10 purpose of imposing this tax.

1-11 2. The commission shall:

1-12 (a) Collect the tax annually on or before June [20,] 30, as a condition

1-13 precedent to the issuance of a state gaming license to operate any slot

1-14 machine for the ensuing fiscal year beginning July 1, from a licensee whose

1-15 operation is continuing.

2-1 (b) Collect the tax in advance from a licensee who begins operation or

2-2 puts additional slot machines into play during the fiscal year, prorated

2-3 monthly after July 31.

2-4 (c) Include the proceeds of the tax in its reports of state gaming taxes

2-5 collected.

2-6 3. The commission shall pay over the tax as collected to the state

2-7 treasurer to be deposited to the credit of the state distributive school

2-8 account in the state general fund, and the capital construction fund for

2-9 higher education and the special capital construction fund for higher

2-10 education, which are hereby created in the state treasury as special revenue

2-11 funds, in the amounts and to be expended only for the purposes specified in

2-12 this section.

2-13 4. During each fiscal year , the state treasurer shall deposit the tax paid

2-14 over to him by the commission as follows:

2-15 (a) The first $5,000,000 of the tax in the capital construction fund for

2-16 higher education;

2-17 (b) Twenty percent of the tax in the special capital construction fund for

2-18 higher education; and

2-19 (c) The remainder of the tax in the state distributive school account in

2-20 the state general fund.

2-21 5. There is hereby appropriated from the balance in the special capital

2-22 construction fund for higher education on July 31 of each year the amount

2-23 necessary to pay the principal and interest due in that fiscal year on the

2-24 bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979,

2-25 as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the

2-26 bonds authorized to be issued by section 2 of chapter 643, Statutes of

2-27 Nevada 1987, the bonds authorized to be issued by section 2 of chapter

2-28 614, Statutes of Nevada 1989, the bonds authorized to be issued by section

2-29 2 of chapter 718, Statutes of Nevada 1991 , and the bonds authorized to be

2-30 issued by section 2 of chapter 629, Statutes of Nevada 1997. If in any year

2-31 the balance in that fund is not sufficient for this purpose, the remainder

2-32 necessary is hereby appropriated on July 31 from the capital construction

2-33 fund for higher education. The balance remaining unappropriated in the

2-34 capital construction fund for higher education on August 1 of each year and

2-35 all amounts received thereafter during the fiscal year must be transferred to

2-36 the state general fund for the support of higher education. If bonds

2-37 described in this subsection are refunded and if the amount required to pay

2-38 the principal of and interest on the refunding bonds in any fiscal year

2-39 during the term of the bonds is less than the amount that would have been

2-40 required in the same fiscal year to pay the principal of and the interest on

2-41 the original bonds if they had not been refunded, there is appropriated to

2-42 the University and Community College System of Nevada an amount

2-43 sufficient to pay the principal of and interest on the original bonds, as if

3-1 they had not been refunded. The amount required to pay the principal of

3-2 and interest on the refunding bonds must be used for that purpose from the

3-3 amount appropriated. The amount equal to the saving realized in that fiscal

3-4 year from the refunding must be used by the University and Community

3-5 College System of Nevada to defray, in whole or in part, the expenses of

3-6 operation and maintenance of the facilities acquired in part with the

3-7 proceeds of the original bonds.

3-8 6. After the requirements of subsection 5 have been met for each fiscal

3-9 year, when specific projects are authorized by the legislature, money in the

3-10 capital construction fund for higher education and the special capital

3-11 construction fund for higher education must be transferred by the state

3-12 controller and the state treasurer to the state public works board for the

3-13 construction of capital improvement projects for the University and

3-14 Community College System of Nevada, including, but not limited to,

3-15 capital improvement projects for the community colleges of the University

3-16 and Community College System of Nevada. As used in this subsection,

3-17 "construction" includes, but is not limited to, planning, designing, acquiring

3-18 and developing a site, construction, reconstruction, furnishing, equipping,

3-19 replacing, repairing, rehabilitating, expanding and remodeling. Any money

3-20 remaining in either fund at the end of a fiscal year does not revert to the

3-21 state general fund but remains in those funds for authorized expenditure.

3-22 7. The money deposited in the state distributive school account in the

3-23 state general fund under this section must be apportioned as provided in

3-24 NRS 387.030 among the several school districts of the state at the times

3-25 and in the manner provided by law.

3-26 8. The board of regents of the University of Nevada may use any

3-27 money in the capital construction fund for higher education and the special

3-28 capital construction fund for higher education for the payment of interest

3-29 and amortization of principal on bonds and other securities, whether issued

3-30 before, on or after July 1, 1979, to defray in whole or in part the costs of

3-31 any capital project authorized by the legislature.

3-32 Sec. 3. NRS 463.660 is hereby amended to read as follows:

3-33 463.660 1. The commission shall charge and collect from each

3-34 applicant a fee of:

3-35 (a) For the issuance or renewal of a manufacturer’s license, $1,000.

3-36 (b) For the issuance or renewal of a seller’s or distributor’s license,

3-37 $500.

3-38 2. All licenses must be issued for the calendar year beginning on

3-39 January 1 and [expire] expiring on December 31. If the operation is

3-40 continuing, the commission shall charge and collect the fee prescribed by

3-41 subsection 1 on or before December 31 for the ensuing calendar year.

3-42 Regardless of the date of application or issuance of the license, the fee to be

3-43 charged and collected under this section is the full annual fee.

4-1 3. All license fees collected pursuant to this section must be paid over

4-2 immediately to the state treasurer to be deposited to the credit of the state

4-3 general fund.

4-4 Sec. 4. NRS 179.118 is hereby amended to read as follows:

4-5 179.118 1. The proceeds from any sale or retention of property

4-6 declared to be forfeited must be applied, first, to the satisfaction of any

4-7 protected interest established by a claimant in the proceeding, then to the

4-8 proper expenses of the proceeding for forfeiture and resulting sale,

4-9 including the expense of effecting the seizure, the expense of maintaining

4-10 custody, the expense of advertising and the costs of the suit.

4-11 2. Any balance remaining after the distribution required by subsection

4-12 1 must be deposited as follows:

4-13 (a) Except as otherwise provided in this subsection, if the plaintiff

4-14 seized the property, in the special account established pursuant to NRS

4-15 179.1187 by the governing body that controls the plaintiff.

4-16 (b) Except as otherwise provided in this subsection, if the plaintiff is a

4-17 metropolitan police department, in the special account established by the

4-18 metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

4-19 (c) Except as otherwise provided in this subsection, if more than one

4-20 agency was substantially involved in the seizure, in an equitable manner to

4-21 be directed by the court hearing the proceeding for forfeiture.

4-22 (d) If the property was seized pursuant to NRS 200.760, in the state

4-23 treasury for credit to the fund for the compensation of victims of crime to

4-24 be used for the counseling and the medical treatment of victims of crimes

4-25 committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or

4-26 201.230.

4-27 (e) If the property was seized as the result of a violation of NRS

4-28 202.300, in the general fund of the county in which the complaint for

4-29 forfeiture was filed, to be used to support programs of counseling of

4-30 persons ordered by the court to attend counseling pursuant to paragraph (e)

4-31 of subsection 1 of NRS 62.211.

4-32 (f) If the property was seized as the result of a violation of NRS

4-33 207.195 that was related to gaming, NRS 463.160 or 465.093, 75 percent

4-34 in the state general fund to be accounted for separately for use by agents

4-35 of the state gaming control board for enforcement and 25 percent in the

4-36 state general fund to be accounted for separately to be used for programs

4-37 to assist persons who are addicted to gambling pursuant to the direction

4-38 of the Nevada gaming commission.

4-39 Sec. 5. NRS 179.121 is hereby amended to read as follows:

4-40 179.121 1. All personal property, including any tool, substance,

4-41 weapon, machine, money or security, which is used as an instrumentality in:

5-1 (a) The commission of or attempted commission of the crime of murder,

5-2 robbery, kidnaping, burglary, invasion of the home, grand larceny or

5-3 pandering;

5-4 (b) The commission of any crime by a criminal gang, as defined in NRS

5-5 213.1263; [or]

5-6 (c) A violation of NRS 200.465, 202.265, 202.287 [or] , 463.160,

5-7 465.070 to 465.085, inclusive, or 465.093; or

5-8 (d) A violation of NRS 207.195 that is related to gaming,

5-9 is subject to forfeiture.

5-10 2. Except as otherwise provided for conveyances forfeitable pursuant

5-11 to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles

5-12 or vessels, which are used or intended for use during the commission of a

5-13 felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085,

5-14 inclusive, are subject to forfeiture except that:

5-15 (a) A conveyance used by any person as a common carrier in the

5-16 transaction of business as a common carrier is not subject to forfeiture

5-17 under this section unless it appears that the owner or other person in charge

5-18 of the conveyance is a consenting party or privy to the felony or violation;

5-19 (b) A conveyance is not subject to forfeiture under this section by reason

5-20 of any act or omission established by the owner thereof to have been

5-21 committed or omitted without his knowledge, consent or willful blindness;

5-22 (c) A conveyance is not subject to forfeiture for a violation of NRS

5-23 202.300 if the firearm used in the violation of that section was not loaded at

5-24 the time of the violation; and

5-25 (d) A forfeiture of a conveyance encumbered by a bona fide security

5-26 interest is subject to the interest of the secured party if he neither had

5-27 knowledge of nor consented to the felony. If a conveyance is forfeited the

5-28 appropriate law enforcement agency may pay the existing balance and

5-29 retain the conveyance for official use.

5-30 3. For the purposes of this section, a firearm is loaded if:

5-31 (a) There is a cartridge in the chamber of the firearm;

5-32 (b) There is a cartridge in the cylinder of the firearm, if the firearm is a

5-33 revolver; or

5-34 (c) There is a cartridge in the magazine and the magazine is in the

5-35 firearm or there is a cartridge in the chamber, if the firearm is a

5-36 semiautomatic firearm.

5-37 Sec. 6. This act becomes effective upon passage and approval.

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