LD 185
pg. 2
Page 1 of 6 An Act to Enhance Enforcement of the Gambling Laws Page 3 of 6
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LR 336
Item 1

 
C.__The 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 hand delivered by a deputy
sheriff to any person who appears to have an interest in the
illegal gambling machine and any monetary contents.__Receipt
of notice 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.__The 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 by the
State.__Any revenue generated by the disposition of the
illegal gambling machine and any monetary contents of the
machine 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 having disposed of the illegal
gambling machine or any monetary contents 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 monetary contents, the
officer, department or agency shall transmit a copy of those
records to the Department of Public Safety for inclusion in a
centralized record.

 
A.__The records must show:

 
(1)__From whom the illegal gambling machine and any
monetary contents were received;

 
(2)__Under what authority the illegal gambling machine
and any monetary contents are held, received or
disposed of;


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