requires two-thirds majority vote (§ 2)                                                   

                                                                                                  

 

Assembly Bill No. 466–Assemblymen Leslie, Parks, Parnell, Gibbons, Anderson, Brower, Chowning, Freeman, Giunchigliani, Humke, Smith and Tiffany

 

March 19, 2001

____________

 

Joint Sponsor: Senator Mathews

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides for issuance of statewide work permits for gaming employees. (BDR 41‑244)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to gaming employees; providing for the issuance of statewide work permits for gaming employees; establishing a maximum fee for the issuance of such a work permit; 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.  NRS 463.0197 is hereby amended to read as follows:

1-2    463.0197  “Work permit” means any card, certificate or permit issued

1-3  by the board or by a county or city licensing authority, whether

1-4  denominated as a work permit, registration card or otherwise, authorizing

1-5  the holder to be employed as a gaming employee in this state or to serve as

1-6  an independent agent. A document issued by any governmental authority

1-7  for any employment other than gaming is not a valid work permit for the

1-8  purposes of this chapter.

1-9    Sec. 2.  NRS 463.335 is hereby amended to read as follows:

1-10    463.335  1.  The legislature finds that, to protect and promote the

1-11  health, safety, morals, good order and general welfare of the inhabitants of

1-12  the State of Nevada and to carry out the policy declared in NRS 463.0129,

1-13  it is necessary that the board:

1-14    (a) Ascertain and keep itself informed of the identity, prior activities

1-15  and present location of all gaming employees and independent agents in

1-16  the State of Nevada; and

1-17    (b) Maintain confidential records of such information.

2-1    2.  Except as otherwise provided in [subsections 3 and 4,] subsection 3,

2-2  a person may not be employed as a gaming employee or serve as an

2-3  independent agent unless he is the holder of[:

2-4    (a) A valid work permit issued in accordance with the applicable

2-5  ordinances or regulations of the county or city in which his duties are

2-6  performed and the provisions of this chapter; or

2-7    (b) A valid work permit issued by the board, if a work permit is not

2-8  required by either the county or the city.] a valid work permit to work as a

2-9  gaming employee issued pursuant to this section. A work permit to work

2-10  as a gaming employee may be issued by the board or by a county or city

2-11  licensing authority. The board shall, by regulation, prescribe the form for

2-12  an application for a work permit to work as a gaming employee. The fee

2-13  for such a permit, including all investigative and administrative costs,

2-14  must not exceed $75.

2-15    3.  An independent agent is not required to hold a work permit if he is

2-16  not a resident of this state and has registered with the board in accordance

2-17  with the provisions of the regulations adopted by the commission.

2-18    4.  [A person may be employed as a gaming employee for an operator

2-19  of a slot machine route and perform duties for his employer in more than

2-20  one county or city without obtaining a valid work permit for each county or

2-21  city in which he performs those duties if the person holds:

2-22    (a) A valid work permit issued in accordance with the applicable

2-23  ordinances or regulations of the county or city in which his duties are

2-24  primarily performed and the provisions of this chapter; or

2-25    (b) A valid work permit issued by the board, if a work permit is not

2-26  required by either the county or the city in which his duties are primarily

2-27  performed.

2-28    5.  A gaming employee described in subsection 4 shall notify the

2-29  licensing authority of each city and county in which he performs duties for

2-30  his employer, other than the licensing authority that issued his valid work

2-31  permit, that he has obtained a valid work permit pursuant to subsection 4.

2-32    6.] Upon receipt of an application for a work permit to work as a

2-33  gaming employee, the board or licensing authority shall conduct an

2-34  investigation of the applicant to determine whether he is eligible for the

2-35  permit. In conducting the investigation, the board or licensing authority

2-36  shall forward a complete set of the applicant’s fingerprints to the central

2-37  repository for Nevada records of criminal history and to the Federal

2-38  Bureau of Investigation for a report concerning the criminal history of

2-39  the applicant. The investigation need not be limited solely to

2-40  consideration of the results of the report concerning the criminal history

2-41  of the applicant.

2-42    5.  A work permit issued to a gaming employee or an independent

2-43  agent must have clearly imprinted thereon a statement that it is valid for

2-44  gaming purposes only.

2-45    6.  Unless suspended or revoked, such a permit expires on the fifth

2-46  anniversary of the permittee’s birthday, measured from the birthday

2-47  nearest the date of issuance or renewal. If the date of birth of a permittee

2-48  is on February 29 in a leap year, for the purposes of this section, his date

2-49  of birth shall be deemed to be on February 28.

3-1    7.  Whenever any person applies to a county or city licensing authority

3-2  for the issuance or renewal of a work permit, the county or city officer or

3-3  employee to whom the application is made shall within 24 hours mail or

3-4  deliver a copy thereof to the board, and may at the discretion of the county

3-5  or city licensing authority issue a temporary work permit. If within 90 days

3-6  after receipt by the board of the copy of the application, the board has not

3-7  notified the county or city licensing authority of any objection, the

3-8  authority may issue, renew or deny a work permit to the applicant.

3-9    8.  A gaming employee who is issued a work permit [must obtain

3-10  renewal of the permit from the issuing agency within 10 days following

3-11  any change of his place of employment. An independent agent who is

3-12  issued a work permit must obtain renewal of the permit from the issuing

3-13  agency within 10 days after executing an agreement to serve as an

3-14  independent agent within the jurisdiction of the issuing agency.

3-15    8.] is eligible for employment in any licensed gaming establishment in

3-16  this state until the work permit expires or is revoked. However, each such

3-17  employee shall notify the board within 10 days following any change of

3-18  his place of employment at a gaming establishment. The commission

3-19  shall adopt regulations to:

3-20    (a) Facilitate uniform procedures for the issuance of work permits by

3-21  counties and cities;

3-22    (b) Establish uniform criteria for denial by a county or city licensing

3-23  authority of an application for a work permit; and

3-24    (c) Provide for the creation and maintenance of a system of records

3-25  that contain information regarding the current place of employment of

3-26  each person who possesses a valid work permit.

3-27    9.  If the board, within the 90-day period, notifies:

3-28    (a) The county or city licensing authority; and

3-29    (b) The applicant,

3-30  that the board objects to the granting of a work permit to the applicant, the

3-31  authority shall deny the work permit and shall immediately revoke and

3-32  repossess any temporary work permit which it may have issued. The notice

3-33  of objection by the board which is sent to the applicant must include a

3-34  statement of the facts upon which the board relied in making its objection.

3-35    [9.  Application for a work permit may be made to the board, and may

3-36  be granted or denied for any cause deemed reasonable by the board.]

3-37    10.  Whenever an application for a work permit is made to the board

3-38  and the board denies such an application, it shall include in its notice of the

3-39  denial a statement of the facts upon which it relied in denying the

3-40  application. [Except for a permit issued to a person pursuant to subsection

3-41  4, a permit issued by the board is valid only in a county or city that does

3-42  not require a work permit.

3-43    10.] 11.  Any person whose application for a work permit has been

3-44  denied because of an objection by the board or whose application has been

3-45  denied by the board may, not later than 60 days after receiving notice of

3-46  the denial or objection, apply to the board for a hearing. A failure of a

3-47  person whose application has been denied to apply for a hearing within 60

3-48  days or his failure to appear at a hearing of the board conducted pursuant to

3-49  this section shall be deemed to be an admission that the denial or objection

4-1  is well founded, and the failure precludes administrative or judicial review.

4-2  At the hearing, the board shall take any testimony deemed necessary. After

4-3  the hearing the board shall review the testimony taken and any other

4-4  evidence, and shall within 45 days after the date of the hearing mail to the

4-5  applicant its decision sustaining or reversing the denial of the work permit

4-6  or the objection to the issuance of a work permit.

4-7    [11.] 12.  The board may object to the issuance of a work permit or

4-8  may refuse to issue a work permit for any cause deemed reasonable by the

4-9  board. The board may object or refuse if the applicant has:

4-10    (a) Failed to disclose or misstated information or otherwise attempted to

4-11  mislead the board with respect to any material fact contained in the

4-12  application for the issuance or renewal of a work permit;

4-13    (b) Knowingly failed to comply with the provisions of this chapter or

4-14  chapter 463B, 464 or 465 of NRS or the regulations of the commission at a

4-15  place of previous employment;

4-16    (c) Committed, attempted or conspired to commit any crime of moral

4-17  turpitude, embezzlement or larceny or any violation of any law pertaining

4-18  to gaming, or any crime which is inimical to the declared policy of this

4-19  state concerning gaming;

4-20    (d) Committed, attempted or conspired to commit a crime which is a

4-21  felony or gross misdemeanor in this state or an offense in another state or

4-22  jurisdiction which would be a felony or gross misdemeanor if committed in

4-23  this state;

4-24    (e) Been identified in the published reports of any federal or state

4-25  legislative or executive body as being a member or associate of organized

4-26  crime, or as being of notorious and unsavory reputation;

4-27    (f) Been placed and remains in the constructive custody of any federal,

4-28  state or municipal law enforcement authority; or

4-29    (g) Had a work permit revoked or committed any act which is a ground

4-30  for the revocation of a work permit or would have been a ground for

4-31  revoking his work permit if he had then held a work
permit.

4-32  If the board issues or does not object to the issuance of a work permit to an

4-33  applicant who has been convicted of a crime which is a felony, gross

4-34  misdemeanor or misdemeanor, it may specially limit the period for which

4-35  the permit is valid, limit the job classifications for which the holder of the

4-36  permit may be employed and establish such individual conditions for the

4-37  issuance, renewal and effectiveness of the permit as the board deems

4-38  appropriate, including required submission to unscheduled tests for the

4-39  presence of alcohol or controlled substances.

4-40    [12.] 13.  Any applicant aggrieved by the decision of the board may,

4-41  within 15 days after the announcement of the decision, apply in writing to

4-42  the commission for review of the decision. Review is limited to the record

4-43  of the proceedings before the board. The commission may sustain, modify

4-44  or reverse the board’s decision. The decision of the commission is subject

4-45  to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

4-46    [13.] 14.  Except as otherwise provided in this subsection, all records

4-47  acquired or compiled by the board or commission relating to any

4-48  application made pursuant to this section and all lists of persons to whom

5-1  work permits have been issued or denied and all records of the names or

5-2  identity of persons engaged in the gaming industry in this state are

5-3  confidential and must not be disclosed except in the proper administration

5-4  of this chapter or to an authorized law enforcement agency. Upon receipt

5-5  of a request from the welfare division of the department of human

5-6  resources pursuant to NRS 425.400 for information relating to a specific

5-7  person who has applied for or holds a work permit, the board shall disclose

5-8  to the division his social security number, residential address and current

5-9  employer as that information is listed in the files and records of the board.

5-10  Any record of the board or commission which shows that the applicant has

5-11  been convicted of a crime in another state must show whether the crime

5-12  was a misdemeanor, gross misdemeanor, felony or other class of crime as

5-13  classified by the state in which the crime was committed. In a disclosure of

5-14  the conviction, reference to the classification of the crime must be based on

5-15  the classification in the state where it was committed.

5-16    [14.  A work permit expires unless renewed in accordance with

5-17  subsection 7, or if the holder thereof is not employed as a gaming

5-18  employee or does not serve as an independent agent within the jurisdiction

5-19  of the issuing authority for more than 90 days.]

5-20    15.  The chairman of the board may designate a member of the board or

5-21  the board may appoint a hearing examiner and authorize that person to

5-22  perform on behalf of the board any of the following functions required of

5-23  the board by this section concerning work permits:

5-24    (a) Conducting a hearing and taking testimony;

5-25    (b) Reviewing the testimony and evidence presented at the hearing;

5-26    (c) Making a recommendation to the board based upon the testimony

5-27  and evidence or rendering a decision on behalf of the board to sustain or

5-28  reverse the denial of a work permit or the objection to the issuance or

5-29  renewal of a work permit; and

5-30    (d) Notifying the applicant of the decision.

5-31    16.  Notice by the board as provided pursuant to this section is

5-32  sufficient if it is mailed to the applicant’s last known address as indicated

5-33  on the application for a work permit, or the record of the hearing, as the

5-34  case may be. The date of mailing may be proven by a certificate signed by

5-35  an officer or employee of the board which specifies the time the notice was

5-36  mailed. The notice shall be deemed to have been received by the applicant

5-37  5 days after it is deposited with the United States Postal Service with the

5-38  postage thereon prepaid.

5-39    Sec. 3. 1.  The Nevada gaming commission shall, on or before

5-40  October 1, 2001, adopt regulations to carry out the amendatory provisions

5-41  of section 2 of this act and transmit a copy of those regulations to each

5-42  county and city licensing authority that issues work permits to work as a

5-43  gaming employee.

5-44    2.  The amendatory provisions of this act apply to any work permit to

5-45  work as a gaming employee that is issued by the state gaming control

5-46  board or a county or city licensing authority on or after January 1, 2002.

5-47    3.  On or after January 1, 2002, a county or city licensing authority is

5-48  prohibited from issuing a work permit to work as a gaming employee that

6-1  does not comply with the provisions of this act and the regulations adopted

6-2  by the Nevada gaming commission.

6-3    4.  A work permit to work as a gaming employee that was issued before

6-4  January 1, 2002, is valid until it expires or is revoked in accordance with

6-5  the provisions of NRS 463.335 that remain in effect until January 1, 2002.

6-6    Sec. 4.  1.  This section becomes effective upon passage and

6-7  approval.

6-8    2.  Sections 2 and 3 of this act become effective upon passage and

6-9  approval for purposes related to the adoption and dissemination of

6-10  regulations by the Nevada gaming commission and on January 1, 2002, for

6-11  all other purposes.

6-12    3.  Section 1 of this act becomes effective on January 1, 2002.

 

6-13  H