REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2)      

(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 and revises various provisions governing labor organizations 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; revising various provisions governing the listing, investigation and disqualification of personnel of a labor organization for gaming employees; 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:

2-1    (a) Ascertain and keep itself informed of the identity, prior activities

2-2  and present location of all gaming employees and independent agents in

2-3  the State of Nevada; and

2-4    (b) Maintain confidential records of such information.

2-5    2.  Except as otherwise provided in [subsections 3 and 4,] subsection 3,

2-6  a person may not be employed as a gaming employee or serve as an

2-7  independent agent unless he is the holder of[:

2-8    (a) A valid work permit issued in accordance with the applicable

2-9  ordinances or regulations of the county or city in which his duties are

2-10  performed and the provisions of this chapter; or

2-11    (b) A valid work permit issued by the board, if a work permit is not

2-12  required by either the county or the city.] a valid work permit to work as a

2-13  gaming employee issued pursuant to this section. A work permit to work

2-14  as a gaming employee may be issued by the board or by a county or city

2-15  licensing authority. An applicant for a work permit shall file his

2-16  application for a work permit with the licensing authority of the city in

2-17  which he resides if that city requires a work permit. If the city in which

2-18  he resides does not require such a permit, the applicant shall file his

2-19  application with the licensing authority of the county in which he resides

2-20  if that county requires a work permit. If the county in which he resides

2-21  does not require such a permit, the applicant shall file his application

2-22  with the board. The board shall, by regulation, prescribe the form for an

2-23  application for a work permit to work as a gaming employee. The fee for

2-24  such a permit may be charged only to cover the actual investigative and

2-25  administrative costs related to processing an application for such a

2-26  permit and must not exceed $75.

2-27    3.  An independent agent is not required to hold a work permit if he is

2-28  not a resident of this state and has registered with the board in accordance

2-29  with the provisions of the regulations adopted by the commission.

2-30    4.  [A person may be employed as a gaming employee for an operator

2-31  of a slot machine route and perform duties for his employer in more than

2-32  one county or city without obtaining a valid work permit for each county or

2-33  city in which he performs those duties if the person holds:

2-34    (a) A valid work permit issued in accordance with the applicable

2-35  ordinances or regulations of the county or city in which his duties are

2-36  primarily performed and the provisions of this chapter; or

2-37    (b) A valid work permit issued by the board, if a work permit is not

2-38  required by either the county or the city in which his duties are primarily

2-39  performed.

2-40    5.  A gaming employee described in subsection 4 shall notify the

2-41  licensing authority of each city and county in which he performs duties for

2-42  his employer, other than the licensing authority that issued his valid work

2-43  permit, that he has obtained a valid work permit pursuant to subsection 4.

2-44    6.] Upon receipt of an application for a work permit to work as a

2-45  gaming employee, the board or licensing authority shall conduct an

2-46  investigation of the applicant to determine whether he is eligible for the

2-47  permit. In conducting the investigation, the board or licensing authority

2-48  shall forward a complete set of the applicant’s fingerprints to the central

2-49  repository for Nevada records of criminal history for submission to the

3-1  Federal Bureau of Investigation for a report concerning the criminal

3-2  history of the applicant. The investigation need not be limited solely to

3-3  consideration of the results of the report concerning the criminal history

3-4  of the applicant.

3-5    5.  A work permit issued to a gaming employee or an independent

3-6  agent must have clearly imprinted thereon a statement that it is valid for

3-7  gaming purposes only.

3-8    6.  Unless denied or objected to by the board at the time that the

3-9  permittee filed a notice of a change in his place of employment pursuant

3-10  to subsection 8 and unless suspended or revoked, such a permit expires

3-11  on the fifth anniversary of the permittee’s birthday, measured from the

3-12  birthday nearest the date of issuance or renewal. If the date of birth of a

3-13  permittee is on February 29 in a leap year, for the purposes of this

3-14  section, his date of birth shall be deemed to be on February 28.

3-15    7.  Whenever any person applies to a county or city licensing authority

3-16  for the issuance or renewal of a work permit, the county or city officer or

3-17  employee to whom the application is made shall within 24 hours mail or

3-18  deliver a copy thereof to the board, and may at the discretion of the county

3-19  or city licensing authority issue a temporary work permit [.] that is valid

3-20  for 120 days. If within [90] 120 days after receipt by the board of the copy

3-21  of the application, the board has not notified the county or city licensing

3-22  authority of any objection, the authority may issue, renew or deny a

3-23  permanent work permit to the applicant.

3-24    8.  A gaming employee who is issued a work permit [must obtain

3-25  renewal of the permit from the issuing agency within 10 days following

3-26  any change of his place of employment. An independent agent who is

3-27  issued a work permit must obtain renewal of the permit from the issuing

3-28  agency within 10 days after executing an agreement to serve as an

3-29  independent agent within the jurisdiction of the issuing agency.

3-30    8.] is eligible for employment in any licensed gaming establishment in

3-31  this state until the work permit is denied or objected to by the board,

3-32  expires or is revoked. However, each such employee shall notify the

3-33  board within 10 days following any change of his place of employment at

3-34  a gaming establishment. Such a notification shall be deemed an

3-35  application for a work permit that the board may deny or object to after

3-36  conducting any investigations the board deems appropriate. The

3-37  provisions of subsections 9 to 16, inclusive, apply to any such objection

3-38  of the board. The commission shall adopt regulations to:

3-39    (a) Facilitate uniform procedures for the issuance of work permits by

3-40  counties and cities;

3-41    (b) Establish uniform criteria for denial by a county or city licensing

3-42  authority of an application for a work permit; and

3-43    (c) Provide for the creation and maintenance of a system of records

3-44  that contain information regarding the current place of employment of

3-45  each person who possesses a valid work permit.

3-46    9.  If the board, within the [90-day] 120-day period, notifies:

3-47    (a) The county or city licensing authority; and

3-48    (b) The applicant,

4-1  that the board objects to the granting of a work permit to the applicant, the

4-2  authority shall deny the work permit and shall immediately revoke and

4-3  repossess any temporary work permit which it may have issued. The notice

4-4  of objection by the board which is sent to the applicant must include a

4-5  statement of the facts upon which the board relied in making its objection.

4-6    [9.  Application for a work permit may be made to the board, and may

4-7  be granted or denied for any cause deemed reasonable by the board.]

4-8    10.  Whenever an application for a work permit is made to the board

4-9  and the board denies such an application, it shall include in its notice of the

4-10  denial a statement of the facts upon which it relied in denying the

4-11  application. [Except for a permit issued to a person pursuant to subsection

4-12  4, a permit issued by the board is valid only in a county or city that does

4-13  not require a work permit.

4-14    10.] 11.  Any person whose application for a work permit has been

4-15  denied because of an objection by the board or whose application has been

4-16  denied by the board may, not later than 60 days after receiving notice of

4-17  the denial or objection, apply to the board for a hearing. A failure of a

4-18  person whose application has been denied to apply for a hearing within 60

4-19  days or his failure to appear at a hearing of the board conducted pursuant to

4-20  this section shall be deemed to be an admission that the denial or objection

4-21  is well founded, and the failure precludes administrative or judicial review.

4-22  At the hearing, the board shall take any testimony deemed necessary. After

4-23  the hearing the board shall review the testimony taken and any other

4-24  evidence, and shall within 45 days after the date of the hearing mail to the

4-25  applicant its decision sustaining or reversing the denial of the work permit

4-26  or the objection to the issuance of a work permit.

4-27    [11.] 12.  The board may object to the issuance of a work permit or

4-28  may refuse to issue a work permit for any cause deemed reasonable by the

4-29  board. The board may object or refuse if the applicant has:

4-30    (a) Failed to disclose or misstated information or otherwise attempted to

4-31  mislead the board with respect to any material fact contained in the

4-32  application for the issuance or renewal of a work permit;

4-33    (b) Knowingly failed to comply with the provisions of this chapter or

4-34  chapter 463B, 464 or 465 of NRS or the regulations of the commission at a

4-35  place of previous employment;

4-36    (c) Committed, attempted or conspired to commit any crime of moral

4-37  turpitude, embezzlement or larceny or any violation of any law pertaining

4-38  to gaming, or any crime which is inimical to the declared policy of this

4-39  state concerning gaming;

4-40    (d) Committed, attempted or conspired to commit a crime which is a

4-41  felony or gross misdemeanor in this state or an offense in another state or

4-42  jurisdiction which would be a felony or gross misdemeanor if committed in

4-43  this state;

4-44    (e) Been identified in the published reports of any federal or state

4-45  legislative or executive body as being a member or associate of organized

4-46  crime, or as being of notorious and unsavory reputation;

4-47    (f) Been placed and remains in the constructive custody of any federal,

4-48  state or municipal law enforcement authority; or

5-1    (g) Had a work permit revoked or committed any act which is a ground

5-2  for the revocation of a work permit or would have been a ground for

5-3  revoking his work permit if he had then held a work

5-4  permit.

5-5  If the board issues or does not object to the issuance of a work permit to an

5-6  applicant , [who has been convicted of a crime which is a felony, gross

5-7  misdemeanor or misdemeanor,] it may specially limit the period for which

5-8  the permit is valid, limit the job classifications for which the holder of the

5-9  permit may be employed and establish such individual conditions for the

5-10  issuance, renewal and effectiveness of the permit as the board deems

5-11  appropriate, including required submission to unscheduled tests for the

5-12  presence of alcohol or controlled substances.

5-13    [12.] 13.  Any applicant aggrieved by the decision of the board may,

5-14  within 15 days after the announcement of the decision, apply in writing to

5-15  the commission for review of the decision. Review is limited to the record

5-16  of the proceedings before the board. The commission may sustain, modify

5-17  or reverse the board’s decision. The decision of the commission is subject

5-18  to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

5-19    [13.] 14.  Except as otherwise provided in this subsection, all records

5-20  acquired or compiled by the board or commission relating to any

5-21  application made pursuant to this section and all lists of persons to whom

5-22  work permits have been issued or denied and all records of the names or

5-23  identity of persons engaged in the gaming industry in this state are

5-24  confidential and must not be disclosed except in the proper administration

5-25  of this chapter or to an authorized law enforcement agency. Upon receipt

5-26  of a request from the welfare division of the department of human

5-27  resources pursuant to NRS 425.400 for information relating to a specific

5-28  person who has applied for or holds a work permit, the board shall disclose

5-29  to the division his social security number, residential address and current

5-30  employer as that information is listed in the files and records of the board.

5-31  Any record of the board or commission which shows that the applicant has

5-32  been convicted of a crime in another state must show whether the crime

5-33  was a misdemeanor, gross misdemeanor, felony or other class of crime as

5-34  classified by the state in which the crime was committed. In a disclosure of

5-35  the conviction, reference to the classification of the crime must be based on

5-36  the classification in the state where it was committed.

5-37    [14.  A work permit expires unless renewed in accordance with

5-38  subsection 7, or if the holder thereof is not employed as a gaming

5-39  employee or does not serve as an independent agent within the jurisdiction

5-40  of the issuing authority for more than 90 days.]

5-41    15.  The chairman of the board may designate a member of the board or

5-42  the board may appoint a hearing examiner and authorize that person to

5-43  perform on behalf of the board any of the following functions required of

5-44  the board by this section concerning work permits:

5-45    (a) Conducting a hearing and taking testimony;

5-46    (b) Reviewing the testimony and evidence presented at the hearing;

5-47    (c) Making a recommendation to the board based upon the testimony

5-48  and evidence or rendering a decision on behalf of the board to sustain or

6-1  reverse the denial of a work permit or the objection to the issuance or

6-2  renewal of a work permit; and

6-3    (d) Notifying the applicant of the decision.

6-4    16.  Notice by the board as provided pursuant to this section is

6-5  sufficient if it is mailed to the applicant’s last known address as indicated

6-6  on the application for a work permit, or the record of the hearing, as the

6-7  case may be. The date of mailing may be proven by a certificate signed by

6-8  an officer or employee of the board which specifies the time the notice was

6-9  mailed. The notice shall be deemed to have been received by the applicant

6-10  5 days after it is deposited with the United States Postal Service with the

6-11  postage thereon prepaid.

6-12    Sec. 3. NRS 463A.010 is hereby amended to read as follows:

6-13    463A.010  The legislature finds and declares that:

6-14    1.  The relationship which exists between a labor organization and the

6-15  employees whom it represents or seeks to represent in collective

6-16  bargaining is such that it may significantly affect the conduct of a gaming

6-17  operation by an employer.

6-18    2.  In the past, attempts have been made by persons whose background

6-19  is not suitable for association with licensed gaming to gain positions of

6-20  control in labor organizations representing or seeking to represent gaming

6-21  casino employees in this state.

6-22    3.  In order to carry out the declared policy of this state that licensed

6-23  gaming be conducted freely and honestly, and in order to protect the

6-24  welfare of the employees of the gaming industry which is fundamental to

6-25  the economy of this state, it is necessary to determine the suitability of any

6-26  person who performs or seeks to perform certain significant functions in

6-27  the representation of gaming casino employees in this state.

6-28    Sec. 4. NRS 463A.020 is hereby amended to read as follows:

6-29    463A.020  As used in this chapter:

6-30    1.  “Board” means the state gaming control board.

6-31    2.  “Commission” means the Nevada gaming commission.

6-32    3.  “Gaming casino employee” means any person employed directly or

6-33  indirectly in the operation of a gaming establishment under a nonrestricted

6-34  license, including:

6-35    (a) All personnel involved in the operation of a casino gaming pit, such

6-36  as dealers, shills, clerks, hosts, junket representatives and the supervisors of

6-37  such persons;

6-38    (b) All personnel involved in handling money, such as cashiers, change

6-39  persons, count teams, coin wrappers and the supervisors of such persons;

6-40    (c) All personnel involved in the operation of games, such as bingo and

6-41  keno;

6-42    (d) All personnel involved in operating and maintaining slot machines,

6-43  such as mechanics, floormen, change and payoff persons and the

6-44  supervisors of such persons;

6-45    (e) All personnel involved in security, such as guards, games observers

6-46  and the supervisors of such persons;

6-47    (f) All personnel involved in the operation of a race or sports book, such

6-48  as writers, boardmen, cashiers and the supervisors of such persons;

7-1    (g) All personnel involved in the operation of a pari-mutuel operation

7-2  licensed under chapter 464 of NRS and any sporting event on which such

7-3  pari-mutuel wagering is conducted; and

7-4    (h) Such other persons whose duties are similar to the classifications set

7-5  forth in paragraphs (a) to (g), inclusive, as the commission may from time

7-6  to time designate by regulation,

7-7  but does not include personnel whose duties are related solely to such

7-8  nongaming activities as entertainment, hotel operation, maintenance and

7-9  the preparation and serving of food and beverages.

7-10    4.  “Labor organization” means an organization of any kind, or any

7-11  agency or employee representation committee or plan, which exists for the

7-12  purpose, in whole or in part, of dealing or seeking to deal with employers

7-13  of gaming casino employees concerning grievances, labor disputes, wages,

7-14  rates of pay, hours of employment or conditions of work of gaming casino

7-15  employees.

7-16    Sec. 5. NRS 463A.030 is hereby amended to read as follows:

7-17    463A.030  1.  [Every] Not later than the date on which a labor

7-18  organization which represents or seeks to represent gaming casino

7-19  employees in this state begins an organizational activity directed at a

7-20  gaming casino employee, the labor organization shall file with the board a

7-21  list of its personnel who:

7-22    (a) Adjust or seek to adjust grievances for, negotiate or administer the

7-23  wages, hours, working conditions or conditions of employment of any

7-24  gaming casino employee;

7-25    (b) Solicit, collect or receive or seek to solicit, collect or receive any

7-26  dues, assessments, levies, fines, contributions or other charges within this

7-27  state for or on behalf of the organization from gaming casino employees; or

7-28    (c) Act as officers, members of the governing body, business agents or

7-29  in any other policymaking or supervisory position in the organization.

7-30    2.  Each person listed shall file with the board his fingerprints and

7-31  complete information in writing concerning his labor organization

7-32  activities, prior performance of the same or similar functions, previous

7-33  employment or occupational history, and criminal record if any, covering

7-34  at least a 10-year period unless the board determines that a shorter period is

7-35  appropriate.

7-36    3.  The commission shall by regulation prescribe the frequency or

7-37  circumstances or both with or under which the list [shall] must be revised.

7-38    4.  The commission may by regulation prescribe:

7-39    (a) Any further information to be required concerning each person listed

7-40  or each person performing a particular function.

7-41    (b) The addition of other personnel to the list whose duties significantly

7-42  affect the conduct of a gaming operation.

7-43    5.  In adopting regulations pursuant to this section, the commission

7-44  shall proceed in the manner prescribed in chapter 463 of NRS.

7-45    6.  For the purposes of this section, “organizational activity”

7-46  includes, without limitation:

7-47    (a) Soliciting membership by direct personal contact;

7-48    (b) Distributing cards regarding interests or representation; and

7-49    (c) Distributing or posting a flyer, poster or advertisement.

8-1    Sec. 6. NRS 463A.050 is hereby amended to read as follows:

8-2    463A.050  1.  To determine suitability under and compliance with the

8-3  provisions of this chapter, the board may investigate any person whose

8-4  name is listed by a labor organization or who it believes is performing or

8-5  seeking to perform a function which requires listing. For this purpose , the

8-6  board is vested with all of the powers which it possesses for the

8-7  investigation of an applicant for or holder of a state gaming license, and

8-8  may further make such examination as it reasonably deems necessary of

8-9  the financial records of any labor organization for whom such a person is

8-10  performing or seeking to perform such a function.

8-11    2.  The cost of any investigation required by this section [shall] must be

8-12  paid by the board from [moneys] money appropriated or authorized to be

8-13  used for this purpose.

8-14    3.  Whenever the board undertakes an investigation pursuant to this

8-15  section, [it] the board shall employ or consult with some person who has a

8-16  professional background in the field of labor relations. The same services

8-17  may be retained to assist the commission upon any subsequent hearing of

8-18  the matter.

8-19    4.  The board shall, if appropriate, recommend to the commission that a

8-20  person investigated be disqualified.

8-21    Sec. 7. NRS 463A.060 is hereby amended to read as follows:

8-22    463A.060  1.  If the board recommends that a person be disqualified,

8-23  the commission shall serve upon the person and the labor organization for

8-24  which the person is performing his function [anotice,a] or seeking to

8-25  perform that function:

8-26    (a) A notice;

8-27    (b) A statement of the reasons for the recommendation ; and [three]

8-28    (c) Three copies of a form entitled “Notice of Defense.”

8-29    2.  The notice of defense must read substantially as follows:

 

8-30  NOTICE OF DEFENSE

 

8-31  Instructions to Respondents: Two copies of this form should be filed

8-32  with the Nevada gaming commission, Carson City, Nevada, within 15

8-33  days after service upon you of the enclosed complaint. The form must

8-34  be signed by you or on your behalf. You will note that blanks are

8-35  provided for any information you wish to supply.

 

8-36                                         Yes                                            No

 

8-37  1.  Do you request a hearing?   ¨...................................... ¨

8-38  2.  Do you admit the facts stated in the complaint?............    ¨...................................... ¨

8-39  If you admit some of the facts stated in the

8-40  complaint, but deny others, please specify:

 

8-41  (space for answer)

 

 

 

9-1  3.  Are there any defenses or explanations which you

9-2  believe the commission should consider?............. ................................... ¨................................... ¨

9-3  If so, please specify:

 

9-4  (space for answer)

 

9-5  4.  Do you wish to state any legal objections to the

9-6  complaint?................... ................................... ¨................................... ¨

9-7  If so, please specify:

 

9-8  (space for answer)

 

9-9  Note: If you fail to file two copies of this form as specified, the

9-10  commission may proceed upon the complaint without a

9-11  hearing.

 

9-12    Sec. 8. 1.  The Nevada gaming commission shall, on or before

9-13  January 1, 2003, adopt regulations to carry out the amendatory provisions

9-14  of section 2 of this act and transmit a copy of those regulations to each

9-15  county and city licensing authority that issues work permits to work as a

9-16  gaming employee.

9-17    2.  The amendatory provisions of sections 1 and 2 of this act apply to

9-18  any work permit to work as a gaming employee that is issued by the state

9-19  gaming control board or a county or city licensing authority on or after

9-20  January 1, 2003.

9-21    3.  On or after January 1, 2003, a county or city licensing authority is

9-22  prohibited from issuing a work permit to work as a gaming employee that

9-23  does not comply with the provisions of this act and the regulations adopted

9-24  by the Nevada gaming commission.

9-25    4.  A work permit to work as a gaming employee that was issued before

9-26  January 1, 2003, is valid until it expires or is revoked in accordance with

9-27  the provisions of NRS 463.335 that remain in effect until January 1, 2003.

9-28    Sec. 9.  1.  This section and sections 3 to 7, inclusive, of this act

9-29  become effective upon passage and approval.

9-30    2.  Sections 2 and 8 of this act become effective upon passage and

9-31  approval for purposes related to the adoption and dissemination of

9-32  regulations by the Nevada gaming commission and on January 1, 2003, for

9-33  all other purposes.

9-34    3.  Section 1 of this act becomes effective on January 1, 2003.

 

9-35  H