Senate Bill No. 86–Senator Neal

February 3, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Prohibits certain persons with gaming interests from making campaign contributions to candidates, political parties and certain groups. (BDR 24-688)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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 campaign practices; prohibiting applicants for and holders of a nonrestricted gaming license and affiliates, agents and certain employees thereof from making campaign contributions to candidates, political parties and certain groups; prohibiting candidates, political parties and certain groups from accepting campaign contributions from such persons; providing a penalty; 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. 1. The legislature hereby finds and declares that:

1-2 (a) Gaming is vitally important to the economy of this state and to the

1-3 general welfare of its inhabitants.

1-4 (b) The continued growth and success of gaming is dependent upon

1-5 public confidence and trust that licensed gaming is conducted honestly and

1-6 competitively and that gaming is free from criminal and corruptive

1-7 elements.

1-8 (c) Public confidence and trust in gaming can only be maintained by

1-9 strict regulation of gaming that is enacted and enforced by public officers

1-10 who make decisions and take action free from the influence of or the

1-11 appearance of the influence of persons with gaming interests.

1-12 (d) Applicants for and holders of a nonrestricted gaming license possess

1-13 substantial financial assets which may be used to make contributions to candidates for public office, 1-14 political parties and other groups that support

1-15 a candidate or political party.

2-1 (e) Direct and indirect contributions by applicants for and holders of a

2-2 nonrestricted gaming license and affiliates, agents and key employees

2-3 thereof may allow the influence or cause the appearance of influence of

2-4 those gaming interests in the decision making and actions of public officers

2-5 that regulate gaming.

(f) To ensure that gaming is conducted honestly, competitively and free

2-6 of criminal and corruptive elements and to maintain the impartiality of the

public officers that regulate gaming, applicants for and holders of a

2-7 nonrestricted gaming license and affiliates, agents and key employees

2-8 thereof must be prohibited from making contributions to a candidate for

public office, to a political party and to a group, committee or association

2-9 that supports a candidate or political party.

2. The legislature hereby determines that such a prohibition furthers the

2-10 compelling state interest of maintaining the integrity of and impartiality in

2-11 the regulation of gaming and in the political process.

Sec. 2. Chapter 294A of NRS is hereby amended by adding thereto a

2-12 new section to read as follows:

1. A person who is:

2-13 (a) An applicant for a nonrestricted gaming license;

2-14 (b) A holder of a nonrestricted gaming license;

(c) An affiliate of an applicant for or holder of a nonrestricted gaming

2-15 license;

(d) An officer, director or key employee of an applicant for or holder

2-16 of a nonrestricted gaming license or an affiliate thereof; or

2-17 (e) An agent acting on behalf of a person set forth in paragraphs (a)

to (d), inclusive,

2-18 shall not make a contribution or contributions to a candidate for any

public office, except a federal office, to a political party or to a group,

2-19 committee or association organized to support a candidate or political

2-20 party.

2. A candidate, political party or group, committee or association

2-21 organized to support a candidate or political party shall not accept a

contribution made in violation of subsection 1.

2-22 3. A person who willfully violates any provision of this section is

2-23 guilty of a category E felony and shall be punished as provided in NRS

193.130.

2-24 4. As used in this section:

(a) "Affiliate" has the meaning ascribed to it in NRS 463.0133.

2-25 (b) "Key employee" means:

2-26 (1) A person who is designated as a key employee of a holder of a nonrestricted gaming license pursuant to a regulation adopted by the

2-27 Nevada gaming commission; and

2-28 (2) A person who is employed by an applicant for a nonrestricted

2-29 gaming license and who would otherwise be designated as a key

employee of the applicant pursuant to a regulation adopted by the

2-30 Nevada gaming commission if the applicant held a nonrestricted gaming

license.

2-31 (c) "Nonrestricted gaming license" has the meaning ascribed to

2-32 "nonrestricted license" in NRS 463.0177.

Sec. 3. NRS 463.150 is hereby amended to read as follows:

2-33 463.150 1. The commission shall, from time to time, adopt, amend or

repeal such regulations, consistent with the policy, objects and purposes of

2-34 this chapter as it may deem necessary or desirable in the public interest in

2-35 carrying out the policy and provisions of this chapter.

2. These regulations must, without limiting the general powers herein

2-36 conferred, include the following:

(a) Prescribing the method and form of application which any applicant

2-37 for a gaming license or for a manufacturer’s, seller’s or distributor’s license

2-38 must follow and complete before consideration of his application by the

board.

2-39 (b) Prescribing the information to be furnished by any applicant or

licensee concerning his antecedents, habits, character, associates, criminal

2-40 record, business activities and financial affairs, past or present.

2-41 (c) Prescribing the information to be furnished by a licensee relating to

his gaming employees.

2-42 (d) Requiring fingerprinting of an applicant or licensee or employee of a

licensee or other methods of identification.

2-43 (e) Prescribing the manner and procedure of all hearings conducted by

2-44 the board or commission or any hearing examiner of the board or

commission, including special rules of evidence applicable thereto and

2-45 notices thereof.

(f) Requiring any applicant to pay all or any part of the fees and costs of

2-46 investigation of such applicant as may be determined by the board.

2-47 (g) Prescribing the manner and method of collection and payment of

fees and issuance of licenses.

2-48 (h) Defining and limiting the area, games and devices permitted, and the

method of operation of such games and devices for the purposes of this

2-49 chapter.

2-50 (i) Prescribing under what conditions the nonpayment of a gambling

debt by a licensee shall be deemed grounds for revocation or suspension of

2-51 his license.

(j) Governing the manufacture, sale and distribution of gambling devices

2-52 and equipment.

(k) Requiring any applicant or licensee to waive any privilege with

3-1 respect to any testimony at any hearing or meeting of the board or

commission, except any privilege afforded by the constitutions of the

3-2 United States or this state.

3-3 (l) Prescribing the qualifications of, and the conditions under which,

attorneys, accountants and others are permitted to practice before the board

3-4 or commission.

(m) Defining key employee for the purposes of this chapter.

3-5 Sec. 4. The amendatory provisions of this act do not apply to offenses

3-6 that are committed before October 1, 1999.

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