Amendment No. 955

 

Senate Amendment to Senate Bill No. 3                                                                               (BDR 41‑41)

Proposed by: Committee on Finance

Amendment Box: Replaces Amendment No. 910.

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 8, by deleting “paragraph (c),” and inserting:

paragraphs (c) and (d),”.

     Amend section 1, page 2, after line 33, by inserting:

     “(d) Five percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this state in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:

     “Sec. 2. NRS 464.020 is hereby amended to read as follows:

     464.020  1.  The Nevada Gaming Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

     2.  The Nevada Gaming Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

     3.  The wagering must be conducted only by the licensee at the times determined by the Nevada Gaming Commission and only:

     (a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

     (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

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This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada , [or] from other states in which such wagering is legal [.] or from places outside the United States in which such wagering is legal.

     4.  The regulations of the Nevada Gaming Commission may include, without limitation:

     (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

     (b) Requiring information concerning an applicant’s antecedents, habits and character.

     (c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada Gaming Commission.

     (d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a race book in this state from another state or another location where placing such a wager is illegal.

     5.  The Nevada Gaming Commission may appoint an Off-Track Pari-Mutuel Wagering Committee consisting of nine persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

     (a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

     (b) Two members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

     (c) Two other members.

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If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

     6.  If the Nevada Gaming Commission appoints an Off-Track Pari-Mutuel Wagering Committee pursuant to subsection 5, the Commission shall:

     (a) Grant to the Off-Track Pari-Mutuel Wagering Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

          (1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

          (2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

     (b) Require the Off-Track Pari-Mutuel Wagering Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this state.

     7.  The Nevada Gaming Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

     Sec. 3. NRS 464.075 is hereby amended to read as follows:

     464.075  1.  [A] Except as otherwise provided in subsection 4, a person who is licensed to engage in off-track pari-mutuel wagering shall not:

     (a) Accept from a patron less than the full face value of an off-track pari-mutuel wager;

     (b) Agree to refund or rebate to a patron any portion or percentage of the full face value of an off-track pari-mutuel wager; or

     (c) Increase the payoff of, or pay a bonus on, a winning off-track pari-mutuel wager.

     2.  A person who is licensed to engage in off-track pari-mutuel wagering and who:

     (a) Attempts to evade the provisions of subsection 1 by offering to a patron a wager that is not posted and offered to all patrons; or

     (b) Otherwise violates the provisions of subsection 1,

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is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

     3.  The Nevada Gaming Commission shall adopt regulations to carry out the provisions of subsections 1 and 2 of this section.

     4.  The Nevada Gaming Commission may, by regulation, exempt certain bets, refunds, rebates, payoffs or bonuses from the provisions of subsection 1 if the Commission determines that such exemptions are in the best interests of the State of Nevada and licensed gaming in this state. Any bets, refunds, rebates, payoffs or bonuses that would result in the amount of such bets, refunds, rebates, payoffs or bonuses being directly or indirectly deductible from gross revenue may not be exempt.”.

     Amend the title of the bill, fourth line, after “counties;” by inserting:

“revising certain provisions concerning the regulation of certain off-track pari-mutuel wagering;”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to off-track pari-mutuel wagering. (BDR 41‑41)”.