AB 578 Amendments

26 May 2001
Nevada's Internet gambling bill, AB 578, will be discussed on the state Senate floor this morning, one of the last stops it will make before possibly being passed by the full Senate and sent to the governor. Some debate on the bill is expected as well as perhaps the introduction of another amendment that would increase the gross gaming tax on Internet gaming from 6.25 percent to 10 or 11 percent.

The bill was last taken up by the Senate Judiciary Committee, which passed an amended version. The amendments, available below, contain several provisions regarding licensing fees as well as the permitting of rural casinos to launch online games in addition to casino/resorts.


Overview of Conceptual Amendments
Adopted by the Senate Committee on Judiciary
For Internet Gaming Bill

    1. Comprehensive Amendment from Representatives of the State Gaming Control Board and the Nevada Resort Association – The Senate Committee on Judiciary approved a comprehensive amendment submitted by these two entities, which includes the following changes:

    • Clarifies that the term "interactive gaming" does not apply to the operation of a race book or sports pool that uses communication technology approved by the Gaming Control Board (Board) pursuant to regulations adopted by the Nevada Gaming Commission (Commission) to accept race and sports wagers originating from within Nevada.
    • Revises all references to manufacturers as follows:

        i. "Manufacturer of interactive gaming components" is changed to "Manufacturer of interactive gaming systems"

        ii. "Manufacturer of a gaming device for interactive gaming" is changed to "Manufacturer of interactive gaming systems"

        iii. "Manufacturer of equipment associated with a gaming device for interactive gaming" is changed to "Manufacturer of equipment associated with interactive gaming"

      The amendment also deletes the term and provisions relating to a "manufacturer of peripheral equipment related to a gaming device for interactive gaming" from the bill, as this terminology is inconsistent with existing gaming laws and regulations.
    • Requires the Commission to adopt regulations that provide that a person may be required by the Commission to hold a license as a manufacturer of equipment associated with interactive gaming.
    • Requires the Commission to adopt regulations setting forth standards for the location and security of the computer system and for approval of hardware ad software used in connection with interactive gaming.
    • Limits the authorization for a "resort hotel" to seek a license to operate interactive gaming to a "resort hotel that holds a nonrestricted license to operate games and gaming devices."
    • Authorizes the Commission to issue a license to operate interactive gaming to an affiliated company of an establishment that receives such a license if the affiliated company is located in the same county as the establishment. The Commission may require an affiliated company issued such a license to comply with any provision of the gaming laws under Chapter 463 to which the establishment is subject.
    • Deletes the language allowing applications and nonrefundable application fees for licenses to operate interactive gaming to be submitted not later than 90 days after July 1, 2001. (It does not appear the Commission and Board will be ready to accept applications and fees at that time.) The replacement language provides that a manufacturer of equipment associated with interactive gaming may be required by the Commission to file an application for a license under certain conditions.
    • Specifies that all interactive gaming gross revenue received by the establishment licensed to operate interactive gaming (regardless of whether any portion of the revenue is shared with any other person) must be attributed to the licensee and counted as part of the licensee’s gross revenue for the purpose of computing the its regular license fee.
      A manufacturer of interactive gaming systems who is authorized by an agreement to receive a share of the revenue from an interactive gaming system is liable to the licensed establishment for the manufacturer’s share of the gross revenue license fees paid by the establishment.

      Each licensed establishment must withhold the amount necessary to pay the license fee from the share due the manufacturer of interactive gaming systems pursuant to the agreement, which must be 6.25 percent of the manufacturer’s share of the revenue from the previous calendar month.

    • Include the following categories under the definition of "gaming employee" under NRS 463.0157: (1) employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of interactive gaming systems or equipment associated with interactive gaming; and (2) employees or operators of interactive gaming systems whose duties include the operational or supervisory control of the systems.

      (A copy of the language submitted by the Gaming Control Board and the Nevada Resort Association for the above amendments is available upon request.)

    2. Revise Certain Licensing Fees – Lower the fees for certain licenses associated with interactive gaming under Section 8 of the bill. (Proposed by the Association of Gaming Equipment Manufacturers)

    As approved by the Senate Committee on Judiciary, the amendment lowers the fee, from $250,000 to $125,000, for a license for a manufacturer of interactive gaming systems. The license fee for a manufacturer of equipment associated with interactive gaming is also lowered from $100,000 to $50,000.

    In addition, limit the renewal fee for the license for a manufacturer of interactive gaming systems to $50,000, and lower the renewal fee the license for manufacturers of equipment associated with interactive gaming from $50,000 to $25,000.

    3. Revise Types of Establishments that May be Involved in Interactive Gaming in Counties Other than Clark and Washoe – (Proposed by Mark Fiorentino on behalf of an establishment in Nye County)

    Amend Section 3, subsection 4(c) of the bill to lower certain requirements that establishments in counties other than Clark and Washoe must meet to be eligible for a license to operate interactive gaming. The amendment, as adopted by the Senate Committee on Judiciary, decreases from 10 years to 5 years the length of time the establishment must have held a nonrestricted license for the operation of games and gaming devices.

    The amendment also decreases the number of rooms the establishment must operate from "more than 100" to "more than 50," and decreases the number of required gaming devices from 135 to 50.

    During the discussion of this amendment, the Committee also voted for an additional amendment to provide that the licensure eligibility requirements that apply to establishments in a county whose population is more than 100,000 but less than 400,000 (Washoe County) also apply to establishments in Carson City and Douglas County. (See Section 3, subsection 4(b) of the bill.)

    4. Illegal Activity Relating to Fixed Sporting Events – At the request of Chairman Mark A. James and Senator Jon C. Porter, the State Gaming Control Board submitted the following language, which was adopted by the Senate Committee on Judiciary, to address a loophole in the law regarding illegal activity associated with fixed sporting events or games:

    Amend NRS 465.070 (Fraudulent Acts) as follows: It is unlawful for any person:

    * * *

    8. To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or gaming upon which the wager is placed, increased or decreased.

    9. To change or alter the normal outcome of any game played on an interactive gaming system or the way in which the outcome is reported to any participant in the game.

    5. Address Situations in which Landlords May be Profiting Inappropriately under Nevada’s Laws from Higher Leases on Properties with Gaming Equipment Solely Because of the Presence of Gaming Equipment – At the suggestion of Chairman James, the Senate Committee on Judiciary approved an amendment to NRS 463.200 to provide that if an application for a state gaming license is for a restricted license on premises not owned by the applicant, the application must include a sworn and notarized statement from the owner or lessor of the premises stating whether the consideration paid by the applicant for use of the premises has been or will be increased because of the operation of gaming on the premises.