Bill Summary for H 326 (2021-2022)

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Summary date: 

Mar 17 2021

Bill Information:

View NCGA Bill Details2021
House Bill 326 (Public) Filed Wednesday, March 17, 2021
AN ACT TO END NUISANCES OF UNLAWFUL GAMING HOUSES BY REQUIRING PAYMENT OF STORAGE AND DISPOSAL FEES FOR SEIZED GAMING MACHINES, AUTHORIZING SEIZURE OF VEHICLES USED TO TRANSPORT ILLEGAL GAMING MACHINES, MODIFYING THE DEFINITIONS OF VIDEO GAMING MACHINE AND ELECTRONIC SWEEPSTAKES MACHINES, AND MODIFYING THE PENALTY FOR ILLEGAL POSSESSION OF CERTAIN GAMING MACHINES.
Intro. by Hurley, McNeill, Brisson, Carter.

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Bill summary

Amends GS 14-298 (Seizure of illegal gaming items) to require the owner of a gaming item that a court has determined to be unlawful to possess and has released to law enforcement for destruction or for training purposes, to pay the reasonable costs of storage and disposal incurred by the seizing law enforcement agency. Also requires the owner of the item to pay the reasonable costs of storage and disposal incurred by the seizing law enforcement agency in instances where the item was seized for use as evidence in a criminal action or proceeding against the owner.

Amends GS 14-299 (Property exhibited by gamblers to be seized; disposition of the same) to subject to seizure by any court with jurisdiction or by a person pursuant to a warrant any motor vehicle used to transport any video game machine prohibited by GS 14-306 (concerning slot machines) or GS 14-306.1A (concerning video gaming machines), or any electronic machine or device prohibited by GS 14-306.4 (electronic sweepstakes machines).

Amends GS 14-306 to deem each game console, play station, or other access point allowing a person to operate a slot machine a separate machine or device.

Amends GS 14-306.1A to include in the examples provided of video gaming machines (1) a video game based on or involving the random or chance matching of different pictures, numbers, words, or symbols, not dependent on skill or dexterity that is played in conjunction with revealing a prize as the result of an entry into a sweepstakes, or with any other offering of an opportunity to obtain anything of value; (2) any other video game whether dependent on chance or dependent on skill or dexterity that is played in conjunction with revealing a prize as the result of entry in a sweepstakes or with any other offering of an opportunity to obtain anything of value; and (3) a video slot game. Defines device dependent on skill or dexterity and sweepstakes under their definitions given in GS 14-306.4. Makes technical and clarifying changes to incorporate the language of GS 14-306(b)(1) and (b)(2) rather than referencing the subdivisions. 

Amends GS 13-306.4 to include the examples added under video gaming machines in GS 14-306.1A in the examples of entertaining display. Makes it a Class 1 misdemeanor to possess for the purpose of operation an electronic machine or device to promote or conduct sweepstakes through the use of an entertaining display (was, only to operate or place into operation an electronic machine or device for such purpose(s)).

Amends GS 14-309 to modify the penalties for violations of GS 14-306.1A (regarding video gaming machines) involving the operation or the possession for the purpose of operation of five or more prohibited machines, making a violation a Class H felony for a first or second offense and a Class G felony for a third or subsequent offense (was, limited to violations involving the operation of five or more prohibited machines and a Class G felony for all violations). Modifies the penalties for violations of GS 14-306.3(b), regarding server-based electronic game promotion, or GS 14-306.4(b), regarding electronic machines to promote or conduct sweepstakes, as amended, involving the possession of five or more prohibited machines, making a violation a Class H felony for the first or second offense and a Class G felony for a third or subsequent offense (was, limited to violations of GS 14-306.3(b) involving the possession of five or more prohibited machines and a Class G felony for all violations). Establishes a $1,000 fine for violations of the Article involving a device prohibited by GS 14-306 (regarding slot machines or devices) or GS 14-306.1A (regarding video gaming machines), applicable to each machine or device, in addition to any other legal penalty.

Applies to offenses committed and seizures occurring on or after December 1, 2021.