2001 REGULAR SESSION (71st) A AB466 R1 910
Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB466 R1 (§ 2).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 2, page 3, line 16, by deleting:
“90 days. If within 90” and inserting:
“120 days. If within [90] 120”.
Amend sec. 2, page 3, line 42, by deleting “90-day” and inserting “[90-day] 120-day”.
Amend the bill as a whole by renumbering sections 3 and 4 as sections 8 and 9 and adding new sections designated sections 3 through 7, following sec. 2, to read as follows:
“Sec. 3. NRS 463A.010 is hereby amended to read as follows:
463A.010 The legislature finds and declares that:
1. The relationship which exists between a labor organization and the employees whom it represents or seeks to represent in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.
2. In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing or seeking to represent gaming casino employees in this state.
3. In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs or seeks to perform certain significant functions in the representation of gaming casino employees in this state.
Sec. 4. NRS 463A.020 is hereby amended to read as follows:
463A.020 As used in this chapter:
1. “Board” means the state gaming control board.
2. “Commission” means the Nevada gaming commission.
3. “Gaming casino employee” means any person employed directly or indirectly in the operation of a gaming establishment under a nonrestricted license, including:
(a) All personnel involved in the operation of a casino gaming pit, such as dealers, shills, clerks, hosts, junket representatives and the supervisors of such persons;
(b) All personnel involved in handling money, such as cashiers, change persons, count teams, coin wrappers and the supervisors of such persons;
(c) All personnel involved in the operation of games, such as bingo and keno;
(d) All personnel involved in operating and maintaining slot machines, such as mechanics, floormen, change and payoff persons and the supervisors of such persons;
(e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;
(f) All personnel involved in the operation of a race or sports book, such as writers, boardmen, cashiers and the supervisors of such persons;
(g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting event on which such pari-mutuel wagering is conducted; and
(h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the commission may from time to time designate by regulation,
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but does not include personnel whose duties are related solely
to such nongaming activities as entertainment, hotel operation, maintenance and
the preparation and serving of food and beverages.
4. “Labor organization” means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing or seeking to deal with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.
Sec. 5. NRS 463A.030 is hereby amended to read as follows:
463A.030 1. [Every] Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the board a list of its personnel who:
(a) Adjust or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;
(b) Solicit, collect or receive or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or
(c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.
2. Each person listed shall file with the board his fingerprints and complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history, and criminal record if any, covering at least a 10-year period unless the board determines that a shorter period is appropriate.
3. The commission shall by regulation prescribe the frequency or circumstances or both with or under which the list [shall] must be revised.
4. The commission may by regulation prescribe:
(a) Any further information to be required concerning each person listed or each person performing a particular function.
(b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.
5. In adopting regulations pursuant to this section, the commission shall proceed in the manner prescribed in chapter 463 of NRS.
6. For the purposes of this section, “organizational activity” includes, without limitation:
(a) Soliciting membership by direct personal contact;
(b) Distributing cards regarding interests or representation; and
(c) Distributing or posting a flyer, poster or advertisement.
Sec. 6. NRS 463A.050 is hereby amended to read as follows:
463A.050 1. To determine suitability under and compliance with the provisions of this chapter, the board may investigate any person whose name is listed by a labor organization or who it believes is performing or seeking to perform a function which requires listing. For this purpose , the board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such a person is performing or seeking to perform such a function.
2. The cost of any investigation required by this section [shall] must be paid by the board from [moneys] money appropriated or authorized to be used for this purpose.
3. Whenever the board undertakes an investigation pursuant to this section, [it] the board shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the commission upon any subsequent hearing of the matter.
4. The board shall, if appropriate, recommend to the commission that a person investigated be disqualified.
Sec. 7. NRS 463A.060 is hereby amended to read as follows:
463A.060 1. If the board recommends that a person be disqualified, the commission shall serve upon the person and the labor organization for which the person is performing his function [anotice,a] or seeking to perform that function:
(a) A notice;
(b) A statement of the reasons for the recommendation ; and [three]
(c) Three copies of a form entitled “Notice of Defense.”
2. The notice of defense must read substantially as follows:
NOTICE OF DEFENSE
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?.......................................................................................... ¨ ¨
2. Do you admit the facts stated in the complaint?........................................................... ¨ ¨
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?.......................................................... ..................................................................................................... ¨..................................................................................................... ¨
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaint?.................... ................................................................................................... ¨................................................................................................... ¨
If so, please specify:
(space for answer)
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.”.
Amend sec. 3, page 6, line 10, after “of” by inserting:
“sections 1 and 2 of”.
Amend sec. 4, page 6, line 20, by deleting “becomes” and inserting:
“and sections 3 to 7, inclusive, of this act become”.
Amend sec. 4, page 6, line 22, by deleting “3” and inserting “8”.
Amend the title of the bill, third line, after “permit;” by inserting:
“revising various provisions governing the listing, investigation and disqualification of personnel of a labor organization for gaming employees;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for issuance of statewide work permits for gaming employees and revises various provisions governing labor organizations for gaming employees. (BDR 41‑244)”.