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
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: 463.0193 "Sports pool" means the business of accepting1-3
transferring, brokering, facilitating or moving to or for another person a1-4
wager on a sporting1-5
Sec. 2. NRS 463.385 is hereby amended to read as follows: 463.385 1. In addition to any other license fees and taxes imposed by1-7
this chapter, there is hereby imposed upon each slot machine operated in1-8
this state an annual excise tax of $250. If a slot machine is replaced by1-9
another, the replacement is not considered a different slot machine for the1-10
purpose of imposing this tax.1-11
2. The commission shall:1-12
(a) Collect the tax annually on or before June1-13
precedent to the issuance of a state gaming license to operate any slot1-14
machine for the ensuing fiscal year beginning July 1, from a licensee whose1-15
operation is continuing.2-1
(b) Collect the tax in advance from a licensee who begins operation or2-2
puts additional slot machines into play during the fiscal year, prorated2-3
monthly after July 31.2-4
(c) Include the proceeds of the tax in its reports of state gaming taxes2-5
collected.2-6
3. The commission shall pay over the tax as collected to the state2-7
treasurer to be deposited to the credit of the state distributive school2-8
account in the state general fund, and the capital construction fund for2-9
higher education and the special capital construction fund for higher2-10
education, which are hereby created in the state treasury as special revenue2-11
funds, in the amounts and to be expended only for the purposes specified in2-12
this section.2-13
4. During each fiscal year , the state treasurer shall deposit the tax paid2-14
over to him by the commission as follows:2-15
(a) The first $5,000,000 of the tax in the capital construction fund for2-16
higher education;2-17
(b) Twenty percent of the tax in the special capital construction fund for2-18
higher education; and2-19
(c) The remainder of the tax in the state distributive school account in2-20
the state general fund.2-21
5. There is hereby appropriated from the balance in the special capital2-22
construction fund for higher education on July 31 of each year the amount2-23
necessary to pay the principal and interest due in that fiscal year on the2-24
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, the2-26
bonds authorized to be issued by section 2 of chapter 643, Statutes of2-27
Nevada 1987, the bonds authorized to be issued by section 2 of chapter2-28
614, Statutes of Nevada 1989, the bonds authorized to be issued by section2-29
2 of chapter 718, Statutes of Nevada 1991 , and the bonds authorized to be2-30
issued by section 2 of chapter 629, Statutes of Nevada 1997. If in any year2-31
the balance in that fund is not sufficient for this purpose, the remainder2-32
necessary is hereby appropriated on July 31 from the capital construction2-33
fund for higher education. The balance remaining unappropriated in the2-34
capital construction fund for higher education on August 1 of each year and2-35
all amounts received thereafter during the fiscal year must be transferred to2-36
the state general fund for the support of higher education. If bonds2-37
described in this subsection are refunded and if the amount required to pay2-38
the principal of and interest on the refunding bonds in any fiscal year2-39
during the term of the bonds is less than the amount that would have been2-40
required in the same fiscal year to pay the principal of and the interest on2-41
the original bonds if they had not been refunded, there is appropriated to2-42
the University and Community College System of Nevada an amount2-43
sufficient to pay the principal of and interest on the original bonds, as if3-1
they had not been refunded. The amount required to pay the principal of3-2
and interest on the refunding bonds must be used for that purpose from the3-3
amount appropriated. The amount equal to the saving realized in that fiscal3-4
year from the refunding must be used by the University and Community3-5
College System of Nevada to defray, in whole or in part, the expenses of3-6
operation and maintenance of the facilities acquired in part with the3-7
proceeds of the original bonds.3-8
6. After the requirements of subsection 5 have been met for each fiscal3-9
year, when specific projects are authorized by the legislature, money in the3-10
capital construction fund for higher education and the special capital3-11
construction fund for higher education must be transferred by the state3-12
controller and the state treasurer to the state public works board for the3-13
construction of capital improvement projects for the University and3-14
Community College System of Nevada, including, but not limited to,3-15
capital improvement projects for the community colleges of the University3-16
and Community College System of Nevada. As used in this subsection,3-17
"construction" includes, but is not limited to, planning, designing, acquiring3-18
and developing a site, construction, reconstruction, furnishing, equipping,3-19
replacing, repairing, rehabilitating, expanding and remodeling. Any money3-20
remaining in either fund at the end of a fiscal year does not revert to the3-21
state general fund but remains in those funds for authorized expenditure.3-22
7. The money deposited in the state distributive school account in the3-23
state general fund under this section must be apportioned as provided in3-24
NRS 387.030 among the several school districts of the state at the times3-25
and in the manner provided by law.3-26
8. The board of regents of the University of Nevada may use any3-27
money in the capital construction fund for higher education and the special3-28
capital construction fund for higher education for the payment of interest3-29
and amortization of principal on bonds and other securities, whether issued3-30
before, on or after July 1, 1979, to defray in whole or in part the costs of3-31
any capital project authorized by the legislature.3-32
Sec. 3. NRS 463.660 is hereby amended to read as follows: 463.660 1. The commission shall charge and collect from each3-34
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 on3-39
January 1 and3-40
continuing, the commission shall charge and collect the fee prescribed by3-41
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 be3-43
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 over4-2
immediately to the state treasurer to be deposited to the credit of the state4-3
general fund.4-4
Sec. 4. NRS 179.118 is hereby amended to read as follows: 179.118 1. The proceeds from any sale or retention of property4-6
declared to be forfeited must be applied, first, to the satisfaction of any4-7
protected interest established by a claimant in the proceeding, then to the4-8
proper expenses of the proceeding for forfeiture and resulting sale,4-9
including the expense of effecting the seizure, the expense of maintaining4-10
custody, the expense of advertising and the costs of the suit.4-11
2. Any balance remaining after the distribution required by subsection4-12
1 must be deposited as follows:4-13
(a) Except as otherwise provided in this subsection, if the plaintiff4-14
seized the property, in the special account established pursuant to NRS4-15
179.1187 by the governing body that controls the plaintiff.4-16
(b) Except as otherwise provided in this subsection, if the plaintiff is a4-17
metropolitan police department, in the special account established by the4-18
metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.4-19
(c) Except as otherwise provided in this subsection, if more than one4-20
agency was substantially involved in the seizure, in an equitable manner to4-21
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 state4-23
treasury for credit to the fund for the compensation of victims of crime to4-24
be used for the counseling and the medical treatment of victims of crimes4-25
committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or4-26
201.230.4-27
(e) If the property was seized as the result of a violation of NRS4-28
202.300, in the general fund of the county in which the complaint for4-29
forfeiture was filed, to be used to support programs of counseling of4-30
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 NRS4-33
207.195 that was related to gaming, NRS 463.160 or 465.093, 75 percent4-34
in the state general fund to be accounted for separately for use by agents4-35
of the state gaming control board for enforcement and 25 percent in the4-36
state general fund to be accounted for separately to be used for programs4-37
to assist persons who are addicted to gambling pursuant to the direction4-38
of the Nevada gaming commission.4-39
Sec. 5. NRS 179.121 is hereby amended to read as follows: 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 or5-3
pandering;5-4
(b) The commission of any crime by a criminal gang, as defined in NRS5-5
213.1263;5-6
(c) A violation of NRS 200.465, 202.265, 202.2875-7
465.070 to 465.085, inclusive, or 465.093; or5-8
(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 pursuant5-11
to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles5-12
or vessels, which are used or intended for use during the commission of a5-13
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 the5-16
transaction of business as a common carrier is not subject to forfeiture5-17
under this section unless it appears that the owner or other person in charge5-18
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 reason5-20
of any act or omission established by the owner thereof to have been5-21
committed or omitted without his knowledge, consent or willful blindness;5-22
(c) A conveyance is not subject to forfeiture for a violation of NRS5-23
202.300 if the firearm used in the violation of that section was not loaded at5-24
the time of the violation; and5-25
(d) A forfeiture of a conveyance encumbered by a bona fide security5-26
interest is subject to the interest of the secured party if he neither had5-27
knowledge of nor consented to the felony. If a conveyance is forfeited the5-28
appropriate law enforcement agency may pay the existing balance and5-29
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 a5-33
revolver; or5-34
(c) There is a cartridge in the magazine and the magazine is in the5-35
firearm or there is a cartridge in the chamber, if the firearm is a5-36
semiautomatic firearm.5-37
Sec. 6. This act becomes effective upon passage and approval.~