Assembly Bill No. 445–Assemblyman Gustavson

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Establishes certain requirements regarding issuance and validity of work permits. (BDR 20‑220)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to local governments; establishing certain requirements regarding the issuance and validity of work permits for the gaming business and all other businesses; limiting the authority of a local government to require a report concerning the criminal history of an applicant for a work permit under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 244 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  If a county requires a person to obtain or otherwise possess a work

1-4  permit to work as a gaming employee or a nongaming employee in the

1-5  county:

1-6    (a) The county shall accept for this purpose a valid work permit issued

1-7  by the state gaming control board, the licensing authority of another

1-8  county in this state or the licensing authority of a city in this state.

1-9    (b) As a condition of the issuance of such a work permit, the county

1-10  shall, except as otherwise provided in subsection 2, require an

1-11  investigation of the applicant’s record of criminal history. In conducting

1-12  the investigation, the county shall forward a complete set of the

1-13  applicant’s fingerprints to the central repository for Nevada records of

1-14  criminal history and to the Federal Bureau of Investigation for a report

1-15  concerning the criminal history of the applicant. The investigation need

1-16  not be limited solely to consideration of the results of the report

1-17  concerning the criminal history of the applicant.

1-18    2.  In lieu of requiring an investigation of the applicant’s record of

1-19  criminal history at the time of the application, the county shall accept an

1-20  offer of proof by the applicant that he has been the subject of a similar

1-21  request for a report concerning his criminal history within 2 years before

2-1  the date of the application and that no criminal history was reported. The

2-2  offer of proof may consist of such evidence as:

2-3    (a) His possession of a permit to carry a concealed weapon issued to

2-4  him by a governmental agency in this state; or

2-5    (b) Any other document that requires as a prerequisite to its issuance

2-6  the absence of a criminal record.

2-7  The licensing authority may request confirmation from the central

2-8  repository for Nevada records of criminal history of the previously issued

2-9  report and its results.

2-10    3.  Unless suspended or revoked, a work permit issued by a county

2-11  licensing authority expires on the fifth anniversary of the permittee’s

2-12  birthday, measured from the birthday nearest the date of issuance or

2-13  renewal. If the date of birth of a permittee is on February 29 in a leap

2-14  year, for the purposes of this section, his date of birth shall be deemed to

2-15  be on February 28.

2-16    4.  As used in this section:

2-17    (a) “Gaming” has the meaning ascribed to it in NRS 463.0153.

2-18    (b) “Gaming employee” has the meaning ascribed to it in NRS

2-19  463.0157.

2-20    (c) “Nongaming employee” means a person who works:

2-21      (1) In an establishment where gaming is conducted and who is not

2-22  a gaming employee; or

2-23      (2) In a business that is not regulated pursuant to chapter 463 of

2-24  NRS.

2-25    (d) “Work permit” means any card, certificate or permit issued by a

2-26  licensing authority, whether denominated as a work permit, registration

2-27  card or otherwise, authorizing the holder to be employed.

2-28    Sec. 2.  NRS 179A.080 is hereby amended to read as follows:

2-29    179A.080  The director of the department is responsible for

2-30  administering this chapter and may adopt regulations for that purpose. The

2-31  director shall:

2-32    1.  Adopt regulations for the security of the central repository so that it

2-33  is adequately protected from fire, theft, loss, destruction, other hazards and

2-34  unauthorized access.

2-35    2.  Adopt regulations and standards for personnel employed by

2-36  agencies of criminal justice in positions of responsibility for maintenance

2-37  and dissemination of information relating to sexual offenses and other

2-38  records of criminal history.

2-39    3.  Provide for audits of informational systems by qualified public or

2-40  private agencies, organizations or persons.

2-41    4.  Cause the creation of a database regarding the investigations of

2-42  criminal histories that are conducted by the central repository whereby

2-43  the state gaming control board or a city or county licensing authority

2-44  may inquire of the central repository:

2-45    (a) Whether a particular person has been the subject of an

2-46  investigation of his criminal history performed by the central repository

2-47  within the 2 years immediately preceding the request for confirmation;

2-48  and

3-1    (b) If so, whether the investigation produced no criminal history

3-2  regarding that person.

3-3    Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a

3-4  new section to read as follows:

3-5    1.  If a city requires a person to obtain or otherwise possess a work

3-6  permit to work as a gaming employee or a nongaming employee in the

3-7  city:

3-8    (a) The city shall accept for this purpose a valid work permit issued by

3-9  the state gaming control board, the licensing authority of a county in this

3-10  state, or the licensing authority of another city in this state.

3-11    (b) As a condition of the issuance of such a work permit, the city shall,

3-12  except as otherwise provided in subsection 2, require an investigation of

3-13  the applicant’s record of criminal history. In conducting the

3-14  investigation, the city shall forward a complete set of the applicant’s

3-15  fingerprints to the centrl repository for Nevada records of criminal

3-16  history and to the Federal Bureau of Investigation for a report

3-17  concerning the criminal history of the applicant. The investigation need

3-18  not be limited solely to consideration of the results of the report

3-19  concerning the criminal history of the applicant.

3-20    2.  In lieu of requiring an investigation of the applicant’s record of

3-21  criminal history at the time of the application, the city shall accept an

3-22  offer of proof by the applicant that he has been the subject of a similar

3-23  request for a report concerning his criminal history within 2 years before

3-24  the date of the application and that no criminal history was reported. The

3-25  offer of proof may consist of such evidence as:

3-26    (a) His possession of a permit to carry a concealed weapon issued to

3-27  him by a governmental agency in this state; or

3-28    (b) Any other document that requires as a prerequisite to its issuance

3-29  the absence of a criminal record.

3-30  The licensing authority may request confirmation from the central

3-31  repository for Nevada records of criminal history of the previously issued

3-32  report and its results.

3-33    3.  Unless suspended or revoked, a work permit issued by a city

3-34  licensing authority expires on the fifth anniversary of the permittee’s

3-35  birthday, measured from the birthday nearest the date of issuance or

3-36  renewal. If the date of birth of a permittee is on February 29 in a leap

3-37  year, for the purposes of this section, his date of birth shall be deemed to

3-38  be on February 28.

3-39    4.  As used in this section:

3-40    (a) “Gaming” has the meaning ascribed to it in NRS 463.0153.

3-41    (b) “Gaming employee” has the meaning ascribed to it in NRS

3-42  463.0157.

3-43    (c) “Nongaming employee” means a person who works:

3-44      (1) In an establishment where gaming is conducted and who is not

3-45  a gaming employee; or

3-46      (2) In a business that is not regulated pursuant to chapter 463 of

3-47  NRS.

4-1    (d) “Work permit” means any card, certificate or permit issued by a

4-2  licensing authority, whether denominated as a work permit, registration

4-3  card or otherwise, authorizing the holder to be employed.

4-4    Sec. 4.  NRS 463.0197 is hereby amended to read as follows:

4-5    463.0197  “Work permit” means any card, certificate or permit issued

4-6  by the board or by a county or city licensing authority, whether

4-7  denominated as a work permit, registration card or otherwise, authorizing

4-8  the holder to be employed as [a gaming] an employee by a gaming

4-9  establishment or other business in this state or to serve as an independent

4-10  agent. [A document issued by any governmental authority for any

4-11  employment other than gaming is not a valid work permit for the purposes

4-12  of this chapter.]

4-13    Sec. 5.  NRS 463.335 is hereby amended to read as follows:

4-14    463.335  1.  The legislature finds that, to protect and promote the

4-15  health, safety, morals, good order and general welfare of the inhabitants of

4-16  the State of Nevada and to carry out the policy declared in NRS 463.0129,

4-17  it is necessary that the board:

4-18    (a) Ascertain and keep itself informed of the identity, prior activities

4-19  and present location of all gaming employees and independent agents in

4-20  the State of Nevada; and

4-21    (b) Maintain confidential records of such information.

4-22    2.  Except as otherwise provided in [subsections 3 and 4,] subsection 3,

4-23  a person may not be employed as a gaming employee or serve as an

4-24  independent agent unless he is the holder of[:

4-25    (a) A valid work permit issued in accordance with the applicable

4-26  ordinances or regulations of the county or city in which his duties are

4-27  performed and the provisions of this chapter; or

4-28    (b) A valid work permit issued by the board, if a work permit is not

4-29  required by either the county or the city.] a valid work permit issued by the

4-30  board or by a county or city licensing authority.

4-31    3.  An independent agent is not required to hold a work permit if he is

4-32  not a resident of this state and has registered with the board in accordance

4-33  with the provisions of the regulations adopted by the commission.

4-34    4.  [A person may be employed as a gaming employee for an operator

4-35  of a slot machine route and perform duties for his employer in more than

4-36  one county or city without obtaining a valid work permit for each county or

4-37  city in which he performs those duties if the person holds:

4-38    (a) A valid work permit issued in accordance with the applicable

4-39  ordinances or regulations of the county or city in which his duties are

4-40  primarily performed and the provisions of this chapter; or

4-41    (b) A valid work permit issued by the board, if a work permit is not

4-42  required by either the county or the city in which his duties are primarily

4-43  performed.

4-44    5.  A gaming employee described in subsection 4 shall notify the

4-45  licensing authority of each city and county in which he performs duties for

4-46  his employer, other than the licensing authority that issued his valid work

4-47  permit, that he has obtained a valid work permit pursuant to subsection 4.

4-48    6.  A work permit issued to a gaming employee or an independent

4-49  agent must have clearly imprinted thereon a statement that it is valid for

5-1  gaming purposes only.] Except as otherwise provided in subsection 5,

5-2  upon receipt of an application for a work permit, the board shall conduct

5-3  an investigation of the applicant to determine whether he is eligible for

5-4  the permit. In conducting the investigation, the board shall forward a

5-5  complete set of the applicant’s fingerprints to the central repository for

5-6  Nevada records of criminal history and to the Federal Bureau of

5-7  Investigation for a report concerning the criminal history of the

5-8  applicant. The investigation need not be limited solely to consideration of

5-9  the results of the report concerning the criminal history of the applicant.

5-10    5.  In lieu of requiring an investigation of the applicant’s record of

5-11  criminal history at the time of the application, the board shall accept an

5-12  offer of proof by the applicant that he has been the subject of a similar

5-13  request for a report concerning his criminal history within 2 years before

5-14  the date of the application and that no criminal history was reported. The

5-15  offer of proof may consist of such evidence as:

5-16    (a) His possession of a permit to carry a concealed weapon issued to

5-17  him by a governmental agency in this state; or

5-18    (b) Any other document that requires as a prerequisite to its issuance

5-19  the absence of a criminal record.

5-20  The board may request confirmation from the central repository for

5-21  Nevada records of criminal history of the previously issued report and its

5-22  results.

5-23    6.  Unless suspended or revoked, such a permit expires on the fifth

5-24  anniversary of the permittee’s birthday, measured from the birthday

5-25  nearest the date of issuance or renewal. If the date of birth of a permittee

5-26  is on February 29 in a leap year, for the purposes of this section, his date

5-27  of birth shall be deemed to be on February 28.

5-28    7.  Whenever any person applies to a county or city licensing authority

5-29  for the issuance or renewal of a work permit, the county or city officer or

5-30  employee to whom the application is made shall within 24 hours mail or

5-31  deliver a copy thereof to the board, and may at the discretion of the county

5-32  or city licensing authority issue a temporary work permit. If within 90 days

5-33  after receipt by the board of the copy of the application, the board has not

5-34  notified the county or city licensing authority of any objection, the

5-35  authority may issue, renew or deny a work permit to the applicant.

5-36    8.  A gaming employee who is issued a work permit [must obtain

5-37  renewal of the permit from the issuing agency within 10 days following

5-38  any change of his place of employment. An independent agent who is

5-39  issued a work permit must obtain renewal of the permit from the issuing

5-40  agency within 10 days after executing an agreement to serve as an

5-41  independent agent within the jurisdiction of the issuing agency.

5-42    8.] is eligible for employment in any licensed gaming establishment in

5-43  this state or any other business in this state until the work permit expires

5-44  or is revoked. However, each such employee who is employed at a

5-45  gaming establishment shall notify the board within 10 days following any

5-46  change of his place of employment at a gaming establishment. The

5-47  commission shall:

5-48    (a) Facilitate uniform procedures for the issuance of work permits by

5-49  counties and cities;

6-1    (b) Facilitate the development of uniform criteria for denial by the

6-2  board, or a county or city licensing authority, of an application for a

6-3  work permit; and

6-4    (c) Provide for the creation and maintenance of a system of records

6-5  that contains information regarding the current place of employment of

6-6  each person who possesses a valid work permit and who is employed in a

6-7  gaming establishment.

6-8    9.  If the board, within the 90-day period, notifies:

6-9    (a) The county or city licensing authority; and

6-10    (b) The applicant,

6-11  that the board objects to the granting of a work permit to the applicant, the

6-12  authority shall deny the work permit and shall immediately revoke and

6-13  repossess any temporary work permit which it may have issued. The notice

6-14  of objection by the board which is sent to the applicant must include a

6-15  statement of the facts upon which the board relied in making its objection.

6-16    [9.  Application for a work permit may be made to the board, and may

6-17  be granted or denied for any cause deemed reasonable by the board.]

6-18    10.  Whenever an application for a work permit is made to the board

6-19  and the board denies such an application, it shall include in its notice of the

6-20  denial a statement of the facts upon which it relied in denying the

6-21  application. [Except for a permit issued to a person pursuant to subsection

6-22  4, a permit issued by the board is valid only in a county or city that does

6-23  not require a work permit.

6-24    10.] 11.  Any person whose application for a work permit has been

6-25  denied because of an objection by the board or whose application has been

6-26  denied by the board may, not later than 60 days after receiving notice of

6-27  the denial or objection, apply to the board for a hearing. A failure of a

6-28  person whose application has been denied to apply for a hearing within 60

6-29  days or his failure to appear at a hearing of the board conducted pursuant to

6-30  this section shall be deemed to be an admission that the denial or objection

6-31  is well founded, and the failure precludes administrative or judicial review.

6-32  At the hearing, the board shall take any testimony deemed necessary. After

6-33  the hearing the board shall review the testimony taken and any other

6-34  evidence, and shall within 45 days after the date of the hearing mail to the

6-35  applicant its decision sustaining or reversing the denial of the work permit

6-36  or the objection to the issuance of a work permit.

6-37    [11.] 12.  The board may object to the issuance of a work permit or

6-38  may refuse to issue a work permit for any cause deemed reasonable by the

6-39  board. The board may object or refuse if the applicant has:

6-40    (a) Failed to disclose or misstated information or otherwise attempted to

6-41  mislead the board with respect to any material fact contained in the

6-42  application for the issuance or renewal of a work permit;

6-43    (b) Knowingly failed to comply with the provisions of this chapter or

6-44  chapter 463B, 464 or 465 of NRS or the regulations of the commission at a

6-45  place of previous employment;

6-46    (c) Committed, attempted or conspired to commit any crime of moral

6-47  turpitude, embezzlement or larceny or any violation of any law pertaining

6-48  to gaming, or any crime which is inimical to the declared policy of this

6-49  state concerning gaming;

7-1    (d) Committed, attempted or conspired to commit a crime which is a

7-2  felony or gross misdemeanor in this state or an offense in another state or

7-3  jurisdiction which would be a felony or gross misdemeanor if committed in

7-4  this state;

7-5    (e) Been identified in the published reports of any federal or state

7-6  legislative or executive body as being a member or associate of organized

7-7  crime, or as being of notorious and unsavory reputation;

7-8    (f) Been placed and remains in the constructive custody of any federal,

7-9  state or municipal law enforcement authority; or

7-10    (g) Had a work permit revoked or committed any act which is a ground

7-11  for the revocation of a work permit or would have been a ground for

7-12  revoking his work permit if he had then held a work permit.

7-13  If the board issues or does not object to the issuance of a work permit to an

7-14  applicant who has been convicted of a crime which is a felony, gross

7-15  misdemeanor or misdemeanor, it may specially limit the period for which

7-16  the permit is valid, limit the job classifications for which the holder of the

7-17  permit may be employed and establish such individual conditions for the

7-18  issuance, renewal and effectiveness of the permit as the board deems

7-19  appropriate, including required submission to unscheduled tests for the

7-20  presence of alcohol or controlled substances.

7-21    [12.] 13.  Any applicant aggrieved by the decision of the board may,

7-22  within 15 days after the announcement of the decision, apply in writing to

7-23  the commission for review of the decision. Review is limited to the record

7-24  of the proceedings before the board. The commission may sustain, modify

7-25  or reverse the board’s decision. The decision of the commission is subject

7-26  to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

7-27    [13.] 14.  Except as otherwise provided in this subsection, all records

7-28  acquired or compiled by the board or commission relating to any

7-29  application made pursuant to this section and all lists of persons to whom

7-30  work permits have been issued or denied and all records of the names or

7-31  identity of persons engaged in the gaming industry in this state are

7-32  confidential and must not be disclosed except in the proper administration

7-33  of this chapter or to an authorized law enforcement agency. Upon receipt

7-34  of a request from the welfare division of the department of human

7-35  resources pursuant to NRS 425.400 for information relating to a specific

7-36  person who has applied for or holds a work permit, the board shall disclose

7-37  to the division his social security number, residential address and current

7-38  employer as that information , if any, is listed in the files and records of the

7-39  board. Any record of the board or commission which shows that the

7-40  applicant has been convicted of a crime in another state must show whether

7-41  the crime was a misdemeanor, gross misdemeanor, felony or other class of

7-42  crime as classified by the state in which the crime was committed. In a

7-43  disclosure of the conviction, reference to the classification of the crime

7-44  must be based on the classification in the state where it was committed.

7-45    [14.  A work permit expires unless renewed in accordance with

7-46  subsection 7, or if the holder thereof is not employed as a gaming

7-47  employee or does not serve as an independent agent within the jurisdiction

7-48  of the issuing authority for more than 90 days.]

8-1    15.  The chairman of the board may designate a member of the board or

8-2  the board may appoint a hearing examiner and authorize that person to

8-3  perform on behalf of the board any of the following functions required of

8-4  the board by this section concerning work permits:

8-5    (a) Conducting a hearing and taking testimony;

8-6    (b) Reviewing the testimony and evidence presented at the hearing;

8-7    (c) Making a recommendation to the board based upon the testimony

8-8  and evidence or rendering a decision on behalf of the board to sustain or

8-9  reverse the denial of a work permit or the objection to the issuance or

8-10  renewal of a work permit; and

8-11    (d) Notifying the applicant of the decision.

8-12    16.  Notice by the board as provided pursuant to this section is

8-13  sufficient if it is mailed to the applicant’s last known address as indicated

8-14  on the application for a work permit, or the record of the hearing, as the

8-15  case may be. The date of mailing may be proven by a certificate signed by

8-16  an officer or employee of the board which specifies the time the notice was

8-17  mailed. The notice shall be deemed to have been received by the applicant

8-18  5 days after it is deposited with the United States Postal Service with the

8-19  postage thereon prepaid.

8-20    Sec. 6. 1.  The Nevada gaming commission shall, on or before

8-21  October 1, 2001, carry out the amendatory provisions of subsection 8 of

8-22  section 5 of this act.

8-23    2.  The amendatory provisions of this act apply to any work permit that

8-24  is issued by the state gaming control board or a county or city licensing

8-25  authority on or after January 1, 2002.

8-26    3.  On or after January 1, 2002, a county or city licensing authority is

8-27  prohibited from issuing a workpermit that does not comply with the

8-28  provisions of this act.

8-29    4.  A work permit that was issued before January 1, 2002, is valid until

8-30  it expires or is revoked in accordance with the provisions of NRS 463.335

8-31  that remain in effect until January 1, 2002.

8-32    Sec. 7.  1.  This section and section 6 of this act become effective

8-33  upon passage and approval.

8-34    2.  Sections 1 to 5, inclusive, of this act become effective on January 1,

8-35  2002.

 

8-36  H