Bill > SB165

Introduced Session

Legislative Counsel's Digest: Section 8of this bill creates the Nevada Esports Commission, within the 1 Department of Business and Industry, to regulate Esports. Sections 3-7of this bill 2 define certain terms relating to the regulation of Esports, including the term 3 Esports as a contest of multiple players using video games. 4 Sections 9and 10of this bill prescribe the membership and terms of office of 5 the members of the Commission. Section 11of this bill requires the Governor to 6 appoint the Executive Director of the Commission. Section 12of this bill 7 authorizes the Executive Director to apply for any grants and accept any gifts, 8 grants or donations for the support of the Commission. Sections 13and 14of this 9 bill require certain persons to register with and provide certain information to the 10 Commission before staging or engaging in any Esports with a purse that exceeds 11 $1,000. Section 15of this bill authorizes the Commission to adopt regulations 12 governing Esports. Section 16 of this bill makes a violation of the requirements 13 relating to Esports a misdemeanor. 14 WHEREAS, Nevada is known as the entertainment capital of the 1 world and is a pioneer in providing new and exciting entertainment 2 opportunities to the public; and 3 WHEREAS, Esports is a rapidly emerging business and a new 4 form of entertainment and competition; and 5 WHEREAS, The growing interest in Esports for both 6 entertainment and competition creates an opportunity for Nevada to 7 leverage its expertise in gaming and other forms of entertainment 8 and provide an ideal forum to grow this new industry; and 9 WHEREAS, Nevada has a desire to partner with this emerging 10 industry with focus on ensuring the integrity of Esports 11 competitions; and 12 WHEREAS, There is a natural fit between Nevada and Esports 13 that can promote both the growth of the Esports industry and 14 tourism in Nevada; now, therefore, 15 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 18 Section 1. Title 41 of NRS is hereby amended by adding 20 thereto a new chapter to consist of the provisions set forth as 21 sections 2to 16, inclusive, of this act. 22 Sec. 2. As used in this chapter, unless the context otherwise 23 requires, the words and terms defined in sections 3 to 7, inclusive, 24 of this act have the meanings ascribed to them in those sections. 25 Sec. 3. Commission means the Nevada Esports 26 Commission created by section 8 of this act. 27 Sec. 4. Esports means a contest of multiple players using 28 video games. 29 Sec. 5. Host means any person who produces or stages 30 Esports. 31 Sec. 6. Participant means any person who engages in 32 Esports for remuneration. 33 Sec. 7. Purse means a financial guarantee or any other 34 remuneration for which participants engage in Esports. 35 Sec. 8. 1. The Nevada Esports Commission, consisting of 36 three members appointed by the Governor, is hereby created 37 within the Department of Business and Industry. 38 2. Two members of the Commission constitute a quorum for 39 the exercise of the authority conferred upon the Commission, and 40 a concurrence of at least two of the members is necessary to 41 render a choice or a decision by the Commission. 42 3. A member shall not at any time during his or her service as 43 a member of the Commission promote or sponsor any Esports or 44 have any financial interest in the promotion or sponsorship of 1 Esports. 2 Sec. 9. 1. Each member of the Commission must be: 3 (a) A citizen of the United States; and 4 (b) A resident of this State. 5 2. No member of the Legislature, no person holding any 6 elective office in the State Government, nor any officer or official 7 of any political party is eligible for appointment to the 8 Commission. 9 3. One member of the Commission must have expertise in 10 Esports. 11 4. One member of the Commission must have expertise in 12 information technology, specifically as it relates to hardware and 13 software in Esports. 14 5. One member of the Commission must have training or 15 experience in law enforcement, specifically as it relates to cheating 16 in Esports through cybercrime, hacking or fraud. 17 Sec. 10. 1. The term of office of each member of the 18 Commission is 4 years, commencing on the last Monday in 19 January. 20 2. The Governor shall appoint the members of the 21 Commission and designate one member to serve as Chair, who 22 shall coordinate the activities of the Commission. The designation 23 of Chair lasts for 2 years, unless revoked by the Governor. 24 3. Each member of the Commission shall serve without 25 compensation. 26 Sec. 11. 1. The Governor shall appoint an Executive 27 Director, who must not be a member of the Commission. 28 2. The Executive Director serves at the pleasure of the 29 Governor. 30 3. The Executive Director may, within the limits of available 31 money, employ such additional personnel as may be required to 32 carry out the duties of the Commission. 33 4. Except as otherwise provided in section 12 of this act, all 34 money received by the Executive Director or the Commission 35 pursuant to the provisions of this chapter must be deposited with 36 the State Treasurer for credit to the State General Fund. 37 Sec. 12. 1. The Executive Director may apply for any 38 available grants and accept any gifts, grants or donations for the 39 support of the Commission and its activities pursuant to the 40 provisions of this chapter. 41 2. Any money received pursuant to this section must be 42 deposited in the Special Account for the Support of the Nevada 43 Esports Commission, which is hereby created in the State General 44 Fund. Interest and income earned on money in the Account must 45 be credited to the Account. Money in the Account may only be 1 used for the support of the Commission and its activities pursuant 2 to the provisions of this chapter. 3 Sec. 13. A host shall not stage any Esports with a purse that 4 exceeds $1,000 unless the host has first: 5 1. Registered with the Commission in the manner prescribed 6 by the Commission; 7 2. Supplied any information, including, without limitation, 8 tournament rules, as required by the Commission; and 9 3. Paid any fee required by the Commission. 10 Sec. 14. A participant shall not engage in any Esports with a 11 purse that exceeds $1,000 unless the participant has first: 12 1. Registered with the Commission in the manner prescribed 13 by the Commission; 14 2. Supplied any information as required by the Commission; 15 3. Read and agreed to be bound by any applicable 16 tournament rules submitted by the host to the Commission; and 17 4. Paid any fee required by the Commission. 18 Sec. 15. 1. The Commission may adopt regulations 19 necessary to carry out the provisions of this chapter. 20 2. The regulations must: 21 (a) Ensure the integrity of Esports. 22 (b) Establish procedures for the enforcement of Commission 23 rules and policies. 24 (c) Prescribe the powers and duties of hosts and participants. 25 (d) Provide for the registration of hosts and participants. 26 (e) Establish qualifications for participants. 27 (f) Establish procedures for the testing of participants, 28 including, without limitation, testing for banned or controlled 29 substances. 30 (g) Require approval of venues that accommodate Esports. 31 Sec. 16. Any person who violates any provision of this 32 chapter or any regulations adopted pursuant thereto is guilty of a 33 misdemeanor. 34 Sec. 17. 1. This section becomes effective upon passage and 35 approval. 36 2. Sections 1to 16, inclusive, of this act become effective: 37 (a) Upon passage and approval for the purpose of adopting any 38 regulations and performing any other preparatory administrative 39 tasks that are necessary to carry out the provisions of this act; and 40 (b) On January 1, 2022, for all other purposes. 41

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Ben Kieckhefer (R)*, 

Approved by the Governor. Chapter 443. (on 06/04/2021)

Official Document