LD 983
pg. 2
Page 1 of 4 PUBLIC Law Chapter 207 Page 3 of 4
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LR 2191
Item 1

 
B. The proceeding under paragraph A is an in rem civil
action, in which the State has the burden of proving all
material facts by a preponderance of the evidence.

 
C. A court shall order the State to give notice of the
pendency of the action and the right to be heard by
certified or registered mail or through hand delivery by a
deputy sheriff to any person who appears to have an interest
in the illegal gambling machine and, any monetary contents
and any associated proceeds. Receipt by a person then
licensed to operate a motor vehicle in the State is presumed
when notice is mailed to the last known address of that
person on file with the Department of the Secretary of
State, Bureau of Motor Vehicles.

 
D. A court shall promptly, but not less than 2 weeks after
notice, hold a hearing on the petition after an answer is
filed by a person served with notice under paragraph C. At
the hearing, the court shall hear evidence and make findings
of fact and enter conclusions of law.

 
E. Based on the findings and conclusions, the court shall
issue a final order, from which the parties have a right of
appeal. The final order must provide for disposition of the
illegal gambling machine and, any monetary contents and any
associated proceeds by the State. Any revenue generated by
the disposition of the illegal gambling machine and, any
monetary contents of the machine and any associated proceeds
must be used to pay the reasonable expenses of the
forfeiture proceedings, seizure, storage, maintenance of
custody, advertising and notice. The balance, if any, must
be deposited in the General Fund.

 
4. Any law enforcement officer, department or agency having
custody of an illegal gambling machine or, any monetary contents
of an illegal gambling machine or any associated proceeds or
having disposed of the illegal gambling machine or, any monetary
contents or any associated proceeds shall keep and maintain
during the pendency of the action full and complete records in
accordance with this subsection. Upon issuance by the court of a
final order ordering the disposition, destruction or return of
the illegal gambling machine or the, any monetary contents or any
associated proceeds, the officer, department or agency must
transmit a copy of those records to the Department of Public
Safety for inclusion into a centralized record.

 
A. The records must show:


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