requires two-thirds majority vote (§ 7)                                                                                                                 

                                                                                                  

 

Senate Bill No. 432–Committee on Judiciary

 

(On Behalf of the Gaming Control Board)

 

March 24, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes pertaining to regulation of gaming. (BDR 41‑490)

 

FISCAL NOTE:  Effect on Local Government: No.

                           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; revising the provisions pertaining to the acquisition or disposition of an interest in a business entity that holds a state gaming license or the option to purchase such an interest; requiring a person employed as a gaming employee to be registered as a gaming employee by the State Gaming Control Board; requiring the Board to investigate each person applying for registration or renewal of registration as a gaming employee; providing for a fee for processing an application for registration as a gaming employee; authorizing the Nevada Gaming Commission to adopt regulations prescribing the manner for submission of payments by licensees; authorizing the Commission to adopt regulations allowing a person who owns antique gaming devices to sell such devices without procuring a license; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

2-1  Section 1. Chapter 463 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

2-3  Sec. 2.  1.  The purported granting of an option to purchase

2-4  any security issued by a corporation, other than a publicly traded

2-5  corporation, which holds a state gaming license, or the purported

2-6  sale, assignment, transfer, pledge or other disposition of an

2-7  existing option to acquire such a security is void unless

2-8  administratively approved in advance by the Chairman of the

2-9  Board.

2-10      2.  A request for administrative approval pursuant to

2-11  subsection 1 must:

2-12      (a) Be made on forms approved by the Chairman of the Board;

2-13  and

2-14      (b) To the extent consistent with this section, be considered in

2-15  all respects as an application.

2-16      3.  The Chairman of the Board may refer a request for

2-17  administrative approval to the Board and Commission for

2-18  consideration or deny the request for administrative approval

2-19  for any reasonable cause. A denial may be submitted for review by

2-20  the Board and Commission in the manner set forth by the

2-21  regulations of the Commission pertaining to the review of

2-22  administrative approval decisions.

2-23      4.  The Commission, upon recommendation by the Board,

2-24  may require a person to apply for a finding of suitability to hold

2-25  an option to purchase such a security.

2-26      Sec. 3.  1.  The purported granting of an option to purchase

2-27  any interest in a limited partnership which holds a state gaming

2-28  license or the purported sale, assignment, transfer, pledge or other

2-29  disposition of an existing option to acquire such an interest is

2-30  ineffective unless administratively approved in advance by the

2-31  Chairman of the Board.

2-32      2.  A request for administrative approval pursuant to

2-33  subsection 1 must:

2-34      (a) Be made on forms approved by the Chairman of the Board;

2-35  and

2-36      (b) To the extent consistent with this section, be considered in

2-37  all respects as an application.

2-38      3.  The Chairman of the Board may refer a request for

2-39  administrative approval to the Board and Commission for

2-40  consideration or deny the request for administrative approval

2-41  for any reasonable cause. A denial may be submitted for review by

2-42  the Board and Commission in the manner set forth by the

2-43  regulations of the Commission pertaining to the review of

2-44  administrative approval decisions.

3-1  4.  The Commission, upon recommendation by the Board,

3-2  may require a person to apply for a finding of suitability to hold

3-3  an option to purchase such an interest.

3-4  Sec. 4.  1.  The purported granting of an option to purchase

3-5  any interest in a limited-liability company which holds a state

3-6  gaming license or the purported sale, assignment, transfer, pledge

3-7  or other disposition of an existing option to acquire such an

3-8  interest is ineffective unless administratively approved in advance

3-9  by the Chairman of the Board.

3-10      2.  A request for administrative approval pursuant to

3-11  subsection 1 must:

3-12      (a) Be made on forms approved by the Chairman of the Board;

3-13  and

3-14      (b) To the extent consistent with this section, be considered in

3-15  all respects as an application.

3-16      3.  The Chairman of the Board may refer a request for

3-17  administrative approval to the Board and Commission for

3-18  consideration or deny the request for administrative approval

3-19  for any reasonable cause. A denial may be submitted for review by

3-20  the Board and Commission in the manner set forth by the

3-21  regulations of the Commission pertaining to the review of

3-22  administrative approval decisions.

3-23      4.  The Commission, upon recommendation by the Board,

3-24  may require a person to apply for a finding of suitability to hold

3-25  an option to purchase such an interest.

3-26      Sec. 5.  NRS 463.013 is hereby amended to read as follows:

3-27      463.013  As used in this chapter, unless the context otherwise

3-28  requires, the words and terms defined in NRS 463.0133 to

3-29  [463.0197,] 463.01967, inclusive, have the meanings ascribed to

3-30  them in those sections.

3-31      Sec. 6.  NRS 463.1595 is hereby amended to read as follows:

3-32      463.1595  1.  The Commission shall adopt regulations,

3-33  consistent with NRS 463.370, 463.371[, which] and 463.3715, that

3-34  prescribe the manner in which winnings, compensation from games

3-35  and gaming devices, and gross revenue must be computed and

3-36  reported by the licensee.

3-37      2.  The Commission may adopt regulations that prescribe the

3-38  manner in which a licensee must submit to the Commission any

3-39  fees, interest, penalties or tax required to be paid based upon the

3-40  information reported in subsection 1.

3-41      Sec. 7.  NRS 463.335 is hereby amended to read as follows:

3-42      463.335  1.  The Legislature finds that, to protect and promote

3-43  the health, safety, morals, good order and general welfare of the

3-44  inhabitants of the State of Nevada and to carry out the policy

3-45  declared in NRS 463.0129, it is necessary that the Board:

4-1  (a) Ascertain and keep itself informed of the identity, prior

4-2  activities and present location of all gaming employees and

4-3  independent agents in the State of Nevada; and

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

4-5  2.  Except as otherwise provided in subsection [3,] 4, a person

4-6  may not be employed as a gaming employee or serve as an

4-7  independent agent unless he is [the holder of a valid work permit to

4-8  work] temporarily registered or registered as a gaming employee

4-9  [issued] pursuant to this section. [A work permit to work as a

4-10  gaming employee may be issued by the Board or by a county or city

4-11  licensing authority.] An applicant for [a work permit shall file his]

4-12  registration or renewal of registration as a gaming employee must

4-13  file an application for [a work permit with the licensing authority of

4-14  the city in which he resides if that city requires a work permit. If the

4-15  city in which he resides does not require such a permit, the applicant

4-16  shall file his application with the licensing authority of the county in

4-17  which he resides if that county requires a work permit. If the county

4-18  in which he resides does not require such a permit, the applicant

4-19  shall file his application with the Board.] registration or renewal of

4-20  registration with the Board. The application for registration may

4-21  be filed through the licensee for whom the applicant will

4-22  commence or continue working as a gaming employee. Whenever

4-23  a registered gaming employee, whose registration has not expired,

4-24  has not been objected to by the Board, or has not been suspended

4-25  or revoked becomes employed as a gaming employee at another

4-26  gaming establishment, he must file a change of employment notice

4-27  within 10 days with the Board.

4-28      3.  The Board shall, by regulation, prescribe the [form for an]

4-29  forms for the application for [a work permit to work] registration as

4-30  a gaming employee[. The fee for such a permit may be charged

4-31  only to cover the actual investigative and administrative costs

4-32  related to processing an application for such a permit and must not

4-33  exceed $75.

4-34      3.] and the change of employment notice.

4-35      4. An independent agent is not required to [hold a work permit]

4-36  be registered as a gaming employee if he is not a resident of this

4-37  state and has registered with the Board in accordance with the

4-38  provisions of the regulations adopted by the Commission.

4-39      [4.  Upon receipt of an application for a work permit to work as

4-40  a gaming employee, the Board or licensing authority]

4-41      5.  Whenever a person files an application for registration or

4-42  renewal of registration as a gaming employee or a change of

4-43  employment notice through a licensee, the licensee shall mail or

4-44  deliver to the Board within 1 business day of receiving the

4-45  application or notice:

5-1  (a) A copy of the application or change of employment notice;

5-2  and

5-3  (b) In the case of an application for registration or renewal of

5-4  registration as a gaming employee, two complete sets of the

5-5  fingerprints of the applicant, unless two complete sets of the

5-6  fingerprints are forwarded directly and within 1 business day of

5-7  receipt of the application, to the Central Repository for Nevada

5-8  Records of Criminal History, together with written permission of

5-9  the applicant authorizing the licensee to forward those

5-10  fingerprints to the Central Repository for Nevada Records of

5-11  Criminal History for its report and for submission to the Federal

5-12  Bureau of Investigation for its report.

5-13      6.  The Board shall immediately conduct an investigation of

5-14  [the applicant] each person who files an application for

5-15  registration or renewal of registration as a gaming employee to

5-16  determine whether he is eligible for [the permit.] registration as a

5-17  gaming employee. In conducting the investigation, [the Board or

5-18  licensing authority shall forward a complete set] two complete sets

5-19  of the applicant’s fingerprints must be submitted to the Central

5-20  Repository for Nevada Records of Criminal History for

5-21  [submission] :

5-22      (a) A report concerning the criminal history of the applicant;

5-23  and

5-24      (b) Submission to the Federal Bureau of Investigation for a

5-25  report concerning the criminal history of the applicant.

5-26  The investigation need not be limited solely to consideration of the

5-27  results of the report concerning the criminal history of the applicant.

5-28      [5.  A work permit issued to a gaming employee or an

5-29  independent agent must have clearly imprinted thereon a statement

5-30  that it is valid for gaming purposes only.

5-31      6.  Unless denied or] The fee for processing an application for

5-32  registration or renewal of registration as a gaming employee may

5-33  be charged only to cover the actual investigation and

5-34  administrative costs related to the records of criminal history and

5-35  the processing of the fingerprints of an applicant pursuant to this

5-36  subsection.

5-37      7.  Upon receipt of a change of employment notice, the Board

5-38  may conduct any investigations of the gaming employee that the

5-39  Board deems appropriate to determine whether the gaming

5-40  employee may remain registered as a gaming employee. The filing

5-41  of a change of employment notice constitutes an application for

5-42  registration as a gaming employee and if the Board, after

5-43  conducting its investigation, suspends or objects to the continued

5-44  registration of the gaming employee, the provisions of subsections

5-45  11 to 18, inclusive, apply to such suspension by or objection of the

6-1  Board. No fee may be charged by the Board to cover the actual

6-2  investigative and administrative costs related to processing a

6-3  change of employment notice.

6-4  8.  An applicant for registration or renewal of registration as

6-5  a gaming employee is deemed temporarily registered as a gaming

6-6  employee as of the date an application for registration or renewal

6-7  of registration is submitted to the licensee for which he will

6-8  commence or continue working as a gaming employee, unless

6-9  such application for registration or renewal is filed with the Board

6-10  as prescribed by regulation of the Commission. Unless objected to

6-11  by the Board [at the time that the permittee filed a notice of a

6-12  change in his place of employment pursuant to subsection 8 and

6-13  unless suspended or revoked, such a permit expires on the fifth

6-14  anniversary of the permittee’s birthday, measured from the birthday

6-15  nearest the date of issuance or renewal. If the date of birth of a

6-16  permittee is on February 29 in a leap year, for the purposes of this

6-17  section, his date of birth shall be deemed to be on February 28.

6-18      7.  Whenever any person applies to a county or city licensing

6-19  authority for the issuance or renewal of a work permit, the county or

6-20  city officer or employee to whom the application is made shall

6-21  within 24 hours mail or deliver a copy thereof to the Board, and may

6-22  at the discretion of the county or city licensing authority issue a

6-23  temporary work permit that is valid for 120 days.] , the initial

6-24  registration of an applicant as a gaming employee expires 5 years

6-25  after the date employment commences with the applicable licensee

6-26  or, in the case of an independent agent, 5 years after the date he

6-27  contracts with an applicable licensee. Any subsequent renewal of

6-28  registration as a gaming employee, unless objected to by the Board

6-29  or suspended or revoked, expires 5 years after the expiration date

6-30  of the most recent registration or renewal of registration of the

6-31  gaming employee.

6-32      9.  If , within 120 days after receipt by the Board of [the copy of

6-33  the application,] a complete application for registration or renewal

6-34  of registration as a gaming employee or a change of employment

6-35  notice, the Board has not notified the [county or city licensing

6-36  authority] applicable licensee of any suspension or objection, the

6-37  [authority may issue, renew or deny a permanent work permit to the

6-38  applicant.

6-39      8.  A gaming employee who is issued a work permit] applicant

6-40  shall be deemed to be registered as a gaming employee. A complete

6-41  application for registration or renewal of registration as a gaming

6-42  employee is comprised of:

6-43      (a) The fully completed form for application for registration as

6-44  a gaming employee prescribed in subsection 3;

7-1  (b) Two complete sets of the fingerprints of the applicant,

7-2  unless directly forwarded electronically or by another means to the

7-3  Central Repository for Nevada Records of Criminal History;

7-4  (c) Written permission of the applicant authorizing the

7-5  forwarding of the fingerprints of the applicant to the Central

7-6  Repository for Nevada Records of Criminal History for its report

7-7  and for submission to the Federal Bureau of Investigation for its

7-8  report; and

7-9  (d) The fee for processing the application for registration or

7-10  renewal of registration as a gaming employee prescribed by the

7-11  Board pursuant to subsection 6.

7-12      10.  A person who is temporarily registered or registered as a

7-13  gaming employee is eligible for employment in any licensed gaming

7-14  establishment in this state until [the work permit is denied or] such

7-15  registration is objected to by the Board, expires or is suspended or

7-16  revoked. [However, each such employee shall notify the Board

7-17  within 10 days following any change of his place of employment at

7-18  a gaming establishment. Such a notification shall be deemed an

7-19  application for a work permit that the Board may deny or object to

7-20  after conducting any investigations the Board deems appropriate.

7-21  The provisions of subsections 9 to 16, inclusive, apply to any such

7-22  objection of the Board.] The Commission shall adopt regulations to:

7-23      (a) [Facilitate] Establish uniform procedures for the [issuance of

7-24  work permits by counties and cities;] registration of gaming

7-25  employees;

7-26      (b) Establish uniform criteria , which must be immediately

7-27  applied by the Board upon receipt, for [denial by a county or city

7-28  licensing authority of] objection to an application for [a work

7-29  permit;] registration or a change in employment; and

7-30      (c) Provide for the creation and maintenance of a system of

7-31  records that contain information regarding the current place of

7-32  employment of each person who [possesses a valid work permit.

7-33      9.] is registered as a gaming employee and each person whose

7-34  registration as a gaming employee has expired, was objected to by

7-35  the Board, or was suspended or revoked. The system of records

7-36  must be accessible by licensees for the limited purpose of

7-37  complying with subsection 2.

7-38      11. If the Board, within the 120-day period[,] prescribed in

7-39  subsection 9, notifies:

7-40      (a) The [county or city licensing authority;] applicable licensee;

7-41  and

7-42      (b) The applicant,

7-43  that the Board suspends or objects to the [granting of a work permit

7-44  to the applicant, the authority shall deny the work permit and shall

7-45  immediately revoke and repossess any temporary work permit

8-1  which it may have issued.] temporary registration of an applicant

8-2  as a gaming employee, the licensee shall immediately terminate

8-3  the applicant from employment or reassign him to a position that

8-4  does not require registration as a gaming employee. The notice of

8-5  suspension or objection by the Board which is sent to the applicant

8-6  must include a statement of the facts upon which the Board relied in

8-7  making its suspension or objection.

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

8-9  Board and the Board denies such an application, it shall include in

8-10  its notice of the denial a statement of the facts upon which it relied

8-11  in denying the application.

8-12      11.] 12. Any person whose application for [a work permit has

8-13  been denied because of an objection by the Board or whose

8-14  application has been denied] registration or renewal of registration

8-15  as a gaming employee has been suspended or objected to by the

8-16  Board may, not later than 60 days after receiving notice of the

8-17  [denial] suspension or objection, apply to the Board for a hearing. A

8-18  failure of a person whose application has been [denied] objected to

8-19  or suspended to apply for a hearing within 60 days or his failure to

8-20  appear at a hearing of the Board conducted pursuant to this section

8-21  shall be deemed to be an admission that the [denial] suspension or

8-22  objection is well-founded, and the failure precludes administrative

8-23  or judicial review. At the hearing, the Board shall take any

8-24  testimony deemed necessary. After the hearing, the Board shall

8-25  review the testimony taken and any other evidence, and shall ,

8-26  within 45 days after the date of the hearing , mail to the applicant its

8-27  decision sustaining or reversing the [denial of the work permit]

8-28  suspension or the objection to the [issuance of a work permit.

8-29      12.] registration of the applicant as a gaming employee.

8-30      13. The Board may suspend or object to the [issuance of a

8-31  work permit or may refuse to issue a work permit] registration of

8-32  an applicant as a gaming employee for any cause deemed

8-33  reasonable by the Board. The Board may object [or refuse] to or

8-34  suspend the registration if the applicant has:

8-35      (a) Failed to disclose or misstated information or otherwise

8-36  attempted to mislead the Board with respect to any material fact

8-37  contained in the application for [the issuance or renewal of a work

8-38  permit;] registration as a gaming employee;

8-39      (b) Knowingly failed to comply with the provisions of this

8-40  chapter or chapter 463B, 464 or 465 of NRS or the regulations of

8-41  the Commission at a place of previous employment;

8-42      (c) Committed, attempted or conspired to commit any crime of

8-43  moral turpitude, embezzlement or larceny or any violation of any

8-44  law pertaining to gaming, or any crime which is inimical to the

8-45  declared policy of this state concerning gaming;

9-1  (d) Committed, attempted or conspired to commit a crime which

9-2  is a felony or gross misdemeanor in this state or an offense in

9-3  another state or jurisdiction which would be a felony or gross

9-4  misdemeanor if committed in this state;

9-5  (e) Been identified in the published reports of any federal or

9-6  state legislative or executive body as being a member or associate of

9-7  organized crime, or as being of notorious and unsavory reputation;

9-8  (f) Been placed and remains in the constructive custody of any

9-9  federal, state or municipal law enforcement authority; or

9-10      (g) Had [a work permit] registration as a gaming employee

9-11  revoked or committed any act which is a ground for the revocation

9-12  of [a work permit] registration as a gaming employee or would

9-13  have been a ground for revoking [his work permit if he] registration

9-14  as a gaming employee if the applicant had then [held a work

9-15  permit.] been registered as a gaming employee.

9-16  If the Board [issues] registers or does not suspend or object to the

9-17  [issuance of a work permit to] registration of an applicant[,] as a

9-18  gaming employee, it may specially limit the period for which the

9-19  [permit] registration is valid, limit the job classifications for which

9-20  the [holder of the permit] registered gaming employee may be

9-21  employed and establish such individual conditions for the

9-22  [issuance,] renewal and effectiveness of the [permit] registration as

9-23  the Board deems appropriate, including required submission to

9-24  unscheduled tests for the presence of alcohol or controlled

9-25  substances.

9-26      [13.] 14. Any applicant aggrieved by the decision of the Board

9-27  may, within 15 days after the announcement of the decision, apply

9-28  in writing to the Commission for review of the decision. Review is

9-29  limited to the record of the proceedings before the Board. The

9-30  Commission may sustain, modify or reverse the Board’s decision.

9-31  The decision of the Commission is subject to judicial review

9-32  pursuant to NRS 463.315 to 463.318, inclusive.

9-33      [14.  Except as otherwise provided in this subsection, all

9-34  records acquired or compiled by the Board or Commission relating

9-35  to any application made pursuant to this section and all lists of

9-36  persons to whom work permits have been issued or denied and all

9-37  records of the names or identity of persons engaged in the gaming

9-38  industry in this state are confidential and must not be disclosed

9-39  except in the proper administration of this chapter or to an

9-40  authorized law enforcement agency. Upon receipt of a request from

9-41  the Welfare Division of the Department of Human Resources

9-42  pursuant to NRS 425.400 for information relating to a specific

9-43  person who has applied for or holds a work permit, the Board shall

9-44  disclose to the Division his social security number, residential

9-45  address and current employer as that information is listed in the files

10-1  and records of the Board. Any record of the Board or Commission

10-2  which shows that the applicant has been convicted of a crime in

10-3  another state must show whether the crime was a misdemeanor,

10-4  gross misdemeanor, felony or other class of crime as classified by

10-5  the state in which the crime was committed. In a disclosure of the

10-6  conviction, reference to the classification of the crime must be based

10-7  on the classification in the state where it was committed.]

10-8      15.  The Chairman of the Board may designate a member of the

10-9  Board or the Board may appoint a hearing examiner and authorize

10-10  that person to perform on behalf of the Board any of the following

10-11  functions required of the Board by this section concerning [work

10-12  permits:] the registration or renewal of registration of gaming

10-13  employees:

10-14     (a) Conducting a hearing and taking testimony;

10-15     (b) Reviewing the testimony and evidence presented at the

10-16  hearing;

10-17     (c) Making a recommendation to the Board based upon the

10-18  testimony and evidence or rendering a decision on behalf of the

10-19  Board to sustain or reverse the [denial of a work permit] suspension

10-20  of or the objection to the [issuance or renewal of a work permit;]

10-21  registration of an applicant as a gaming employee; and

10-22     (d) Notifying the applicant of the decision.

10-23     16.  Notice by the Board as provided pursuant to this section is

10-24  sufficient if it is mailed to the applicant’s last known address as

10-25  indicated on the application for [a work permit,] registration as a

10-26  gaming employee or the record of the hearing, as the case may be.

10-27  The date of mailing may be proven by a certificate signed by an

10-28  officer or employee of the Board which specifies the time the notice

10-29  was mailed. The notice shall be deemed to have been received by

10-30  the applicant 5 days after it is deposited with the United States

10-31  Postal Service with the postage thereon prepaid.

10-32     17.  Except as otherwise provided in this subsection, all

10-33  records acquired or compiled by the Board or Commission

10-34  relating to any application made pursuant to this section, all lists

10-35  of persons registered as gaming employees, all lists of persons

10-36  suspended or objected to by the Board and all records of the

10-37  names or identity of persons engaged in the gaming industry in

10-38  this state are confidential and must not be disclosed except in the

10-39  proper administration of this chapter or to an authorized law

10-40  enforcement agency. Upon receipt of a request from the Welfare

10-41  Division of the Department of Human Resources pursuant to NRS

10-42  425.400 for information relating to a specific person who has

10-43  applied for registration as a gaming employee or is registered as a

10-44  gaming employee, the Board shall disclose to the Division his

10-45  social security number, residential address and current employer

11-1  as that information is listed in the files and records of the Board.

11-2  Any record of the Board or Commission which shows that the

11-3  applicant has been convicted of a crime in another state must

11-4  show whether the crime was a misdemeanor, gross misdemeanor,

11-5  felony or other class of crime as classified by the state in which the

11-6  crime was committed. In a disclosure of the conviction, reference

11-7  to the classification of the crime must be based on the

11-8  classification in the state where it was committed.

11-9      18.  The employment of a person as a gaming employee who,

11-10  on the date employment commences, is not eligible to work as a

11-11  gaming employee and is not on the list of persons registered as

11-12  gaming employees maintained by the Board shall constitute an

11-13  unsuitable method of operation by the licensee that employs the

11-14  person and may be grounds for disciplinary action by the Board

11-15  and the Commission in accordance with the Nevada Gaming

11-16  Control Act and the regulations of the Commission. To assist the

11-17  Board in maintaining the list of persons registered as gaming

11-18  employees, any licensee that terminates a gaming employee for

11-19  committing, or being suspected of committing, an act on the

11-20  premises of the licensee which may be a crime shall inform the

11-21  Board of such termination not later than 24 hours thereof.

11-22     Sec. 8.  NRS 463.3351 is hereby amended to read as follows:

11-23     463.3351  1.  An applicant for [the issuance] registration or

11-24  renewal of [a work permit] registration as a gaming employee [or

11-25  independent agent] shall submit to the [agency issuing work permits

11-26  pursuant to NRS 463.335] Board the statement prescribed by the

11-27  Welfare Division of the Department of Human Resources pursuant

11-28  to NRS 425.520. The statement must be completed and signed by

11-29  the applicant.

11-30     2.  The [issuing agency] Board shall include the statement

11-31  required pursuant to subsection 1 in:

11-32     (a) The application or any other forms that must be submitted

11-33  for [the issuance] registration or renewal of [the work permit;]

11-34  registration as a gaming employee; or

11-35     (b) A separate form prescribed by the [issuing agency.

11-36     3.  A work permit]

11-37     3.  An applicant may not be [issued or renewed by the issuing

11-38  agency] registered as a gaming employee if the applicant:

11-39     (a) Fails to submit the statement required pursuant to subsection

11-40  1; or

11-41     (b) Indicates on the statement submitted pursuant to subsection

11-42  1 that he is subject to a court order for the support of a child and is

11-43  not in compliance with the order or a plan approved by the district

11-44  attorney or other public agency enforcing the order for the

11-45  repayment of the amount owed pursuant to the order.

12-1      4.  If an applicant indicates on the statement submitted pursuant

12-2  to subsection 1 that he is subject to a court order for the support of a

12-3  child and is not in compliance with the order or a plan approved by

12-4  the district attorney or other public agency enforcing the order for

12-5  the repayment of the amount owed pursuant to the order, the

12-6  [issuing agency] Board shall advise the applicant to contact the

12-7  district attorney or other public agency enforcing the order to

12-8  determine the actions that the applicant may take to satisfy the

12-9  arrearage.

12-10     Sec. 9.  NRS 463.3352 is hereby amended to read as follows:

12-11     463.3352  1.  If [an agency that issues work permits pursuant

12-12  to NRS 463.335] the Board receives a copy of a court order issued

12-13  pursuant to NRS 425.540 that provides for the suspension of all

12-14  professional, occupational and recreational licenses, certificates ,

12-15  and permitsissued to a person who is [the holder of a work permit]

12-16  registered as a gaming employee [or independent agent issued by

12-17  the agency, the agency] , the Board shall deem the [work permit

12-18  issued to] registration of that person to be suspended at the end of

12-19  the 30th day after the date on which the court order was issued

12-20  unless the [agency] Board receives a letter issued to the [holder of

12-21  the work permit] registered gaming employee by the district

12-22  attorney or other public agency pursuant to NRS 425.550 stating

12-23  that the [holder of the work permit] registered gaming employee has

12-24  complied with the subpoena or warrant or has satisfied the arrearage

12-25  pursuant to NRS 425.560.

12-26     2.  [An agency that issues work permits pursuant to NRS

12-27  463.335] The Board shall reinstate [a work permit] the registration

12-28  as a gaming employee of a person that has been suspended by a

12-29  district court pursuant to NRS 425.540 if the [agency] Board

12-30  receives a letter issued by the district attorney or other public agency

12-31  pursuant to NRS 425.550 to the person whose [work permit]

12-32  registration was suspended stating that the person whose [work

12-33  permit] registration was suspended has complied with the subpoena

12-34  or warrant or has satisfied the arrearage pursuant to NRS 425.560.

12-35     Sec. 10.  NRS 463.3354 is hereby amended to read as follows:

12-36     463.3354  An application for [the issuance of a work permit]

12-37  registration or renewal of registration as a gaming employee [or

12-38  independent agent] must include the social security number of the

12-39  applicant.

12-40     Sec. 11.  NRS 463.336 is hereby amended to read as follows:

12-41     463.336  1.  The Commission may issue an order summarily

12-42  suspending a person’s [work permit] registration as a gaming

12-43  employee upon a finding that the suspension is necessary for the

12-44  immediate preservation of the public peace, health, safety, morals,

13-1  good order or general welfare. The order becomes effective when

13-2  served upon the [holder of the permit.] person registered.

13-3      2.  The order of summary suspension must state the facts upon

13-4  which the finding of necessity for the suspension is based. For

13-5  purposes of this section, the order of summary suspension shall be

13-6  deemed a complaint.

13-7      3.  An order of summary suspension must be signed by at least

13-8  three members of the Commission.

13-9      4.  The person whose [work permit] registration as a gaming

13-10  employee is summarily suspended:

13-11     (a) Has a right to a hearing on the order. The Commission shall

13-12  schedule a hearing within 5 days after receipt of the person’s notice

13-13  of defense.

13-14     (b) Must file a notice of defense within 30 days after the

13-15  effective date of the order of summary suspension. Failure to file

13-16  this notice in a timely manner waives his right to a hearing before

13-17  the Commission and to judicial review of the final decision.

13-18     5.  All affirmative defenses must be specifically stated in the

13-19  notice of defense and unless an objection is stated to the form or

13-20  manner of the order, all objections to the form of the complaint shall

13-21  be deemed waived.

13-22     6.  Except as otherwise provided in this section, the procedures

13-23  for a disciplinary action in NRS 463.312 to 463.3145, inclusive,

13-24  must be followed.

13-25     Sec. 12.  NRS 463.337 is hereby amended to read as follows:

13-26     463.337  1.  If any gaming employee or independent agent ,

13-27  who is registered as a gaming employee with the board, is

13-28  convicted of any violation of this chapter or chapter 463B, 464 or

13-29  465 of NRS, or if in investigating an alleged violation of this chapter

13-30  by any licensee the Commission finds that a registered gaming

13-31  employee employed by or [an] a registered independent agent

13-32  contracting with the licensee has been guilty of cheating, the

13-33  Commission shall , after a hearing as provided in NRS 463.310 and

13-34  463.312 to 463.3145, inclusive[:

13-35     (a) If the gaming employee or independent agent holds a work

13-36  permit issued by the Board, revoke it.

13-37     (b) If the gaming employee or independent agent holds a work

13-38  permit issued by a county or city licensing authority, notify the

13-39  authority to revoke it, and the county or city licensing authority shall

13-40  revoke it.] , revoke the registration.

13-41     2.  The Commission may revoke [a work permit issued by the

13-42  Board or, if issued by a county or city licensing authority, notify the

13-43  authority to revoke it,] the registration of a gaming employee or

13-44  independent agent if the Commission finds , after a hearing as

13-45  provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that

14-1  the gaming employee or independent agent has failed to disclose,

14-2  misstated or otherwise misled the Board in respect to any fact

14-3  contained within any application for [a work permit] registration as

14-4  a gaming employee or, subsequent to being [issued a work permit:]

14-5  registered as a gaming employee:

14-6      (a) Committed, attempted or conspired to do any of the acts

14-7  prohibited by this chapter or chapter 463B, 464 or 465 of NRS;

14-8      (b) Knowingly possessed or permitted to remain in or upon any

14-9  licensed premises any cards, dice, mechanical device or any other

14-10  cheating device whatever, the use of which is prohibited by statute

14-11  or ordinance;

14-12     (c) Concealed or refused to disclose any material fact in any

14-13  investigation by the Board;

14-14     (d) Committed, attempted or conspired to commit larceny or

14-15  embezzlement against a gaming licensee or upon the premises of a

14-16  licensed gaming establishment;

14-17     (e) Been convicted in any jurisdiction other than Nevada of any

14-18  offense involving or relating to gambling;

14-19     (f) Accepted employment without prior Commission approval in

14-20  a position for which he could be required to be licensed under this

14-21  chapter after having been denied a license for a reason involving

14-22  personal unsuitability or after failing to apply for licensing when

14-23  requested to do so by the Commission;

14-24     (g) Been refused the issuance of any license, permit or approval

14-25  to engage in or be involved with gaming or pari-mutuel wagering in

14-26  any jurisdiction other than Nevada, or had any such license, permit

14-27  or approval revoked or suspended;

14-28     (h) Been prohibited under color of governmental authority from

14-29  being present upon the premises of any gaming establishment or any

14-30  establishment where pari-mutuel wagering is conducted for any

14-31  reason relating to improper gambling activities or any illegal act;

14-32     (i) Contumaciously defied any legislative investigative

14-33  committee or other officially constituted bodies acting on behalf of

14-34  the United States or any state, county or municipality which seeks to

14-35  investigate crimes relating to gaming, corruption of public officials,

14-36  or any organized criminal activities; or

14-37     (j) Been convicted of any felony or gross misdemeanor, other

14-38  than one constituting a violation of this chapter or chapter 463B,

14-39  464 or 465 of NRS.

14-40     3.  [A work permit must not be issued by any authority in this

14-41  state to a person whose work permit has previously been revoked

14-42  pursuant to this section, or to whom the issuance or renewal of a

14-43  work permit has been denied, except with the unanimous approval

14-44  of the Commission members.

15-1      4.] A gaming employee or independent agent whose [work

15-2  permit] registration as a gaming employee has been revoked

15-3  pursuant to this section is entitled to judicial review of the

15-4  Commission’s action in the manner prescribed by NRS 463.315 to

15-5  463.318, inclusive.

15-6      [5.] 4. Nothing in this section limits or prohibits the

15-7  enforcement of NRS 463.165, 463.560, 463.595, 463.637 or

15-8  463.645.

15-9      Sec. 13.  NRS 463.339 is hereby amended to read as follows:

15-10     463.339  An applicant for licensing, registration, finding of

15-11  suitability[, work permit] or any approval or consent required by

15-12  this chapter or chapter 462 of NRS shall make full and true

15-13  disclosure of all information to the Board, Commission or other

15-14  relevant governmental authority as necessary or appropriate in the

15-15  public interest or as required in order to carry out the policies of this

15-16  state relating to licensing and control of the gaming industry and the

15-17  operation of charitable lotteries.

15-18     Sec. 14.  NRS 463.3403 is hereby amended to read as follows:

15-19     463.3403  Any information obtained by the Board from any

15-20  licensee, his employer or agent relating to the termination of the

15-21  employment of a gaming employee or the services of an

15-22  independent agent is confidential and must not be disclosed except:

15-23     1.  Such information obtained from the former employer of an

15-24  applicant for [a work permit] registration as a gaming employee

15-25  must be disclosed to the applicant to the extent necessary to permit

15-26  him to respond to any suspension or objection made by the Board to

15-27  his application for [the permit;] such registration;

15-28     2.  In the necessary administration of this chapter; or

15-29     3.  Upon the lawful order of a court of competent jurisdiction.

15-30     Sec. 15.  NRS 463.482 is hereby amended to read as follows:

15-31     463.482  As used in NRS 463.160 to 463.170, inclusive,

15-32  463.368, 463.386, 463.482 to 463.645, inclusive, and sections 2, 3

15-33  and 4 of this act, and 463.750, unless the context otherwise

15-34  requires, the words and terms defined in NRS 463.4825 to 463.488,

15-35  inclusive, have the meanings ascribed to them in those sections.

15-36     Sec. 16.  NRS 463.510 is hereby amended to read as follows:

15-37     463.510  1.  The purported sale, assignment, transfer, pledge ,

15-38  exercise of an option to purchase or other disposition of any

15-39  security issued by a corporation, other than a publicly traded

15-40  corporation, which holds a state gaming license [or granting of an

15-41  option to purchase such a security] is void unless approved in

15-42  advance by the Commission.

15-43     2.  If at any time the Commission finds that an individual owner

15-44  of any such security is unsuitable to continue as a gaming licensee

15-45  in this state, the owner shall immediately offer the security to the

16-1  issuing corporation for purchase. The corporation shall purchase the

16-2  security so offered, for cash at fair market value, within 10 days

16-3  after the date of the offer.

16-4      3.  Beginning upon the date when the Commission serves notice

16-5  of a determination of unsuitability pursuant to subsection 2 upon the

16-6  corporation, it is unlawful for the unsuitable owner:

16-7      (a) To receive any dividend or interest upon any such security;

16-8      (b) To exercise, directly or through any trustee or nominee, any

16-9  voting right conferred by such security; or

16-10     (c) To receive any remuneration in any form from the

16-11  corporation, for services rendered or otherwise.

16-12     4.  Every security issued by a corporation, other than a publicly

16-13  traded corporation, which holds a state gaming license must bear a

16-14  statement, on both sides of the certificate evidencing the security, of

16-15  the restrictions imposed by this section.

16-16     Sec. 17.  NRS 463.567 is hereby amended to read as follows:

16-17     463.567  1.  The purported sale, assignment, transfer, pledge,

16-18  [granting] exercise of an option to purchase, or other disposition of

16-19  any interest in a limited partnership which holds a state gaming

16-20  license is ineffective unless approved in advance by the

16-21  Commission.

16-22     2.  If at any time the Commission finds that an individual owner

16-23  of any such interest is unsuitable to hold that interest, the

16-24  Commission shall immediately notify the limited partnership of that

16-25  fact. The limited partnership shall, within 10 days from the date that

16-26  it receives the notice from the Commission, return to the unsuitable

16-27  owner, in cash, the amount of his capital account as reflected on the

16-28  books of the partnership.

16-29     3.  Beginning on the date when the Commission serves notice

16-30  of a determination of unsuitability pursuant to subsection 2 upon the

16-31  limited partnership, it is unlawful for the unsuitable owner:

16-32     (a) To receive any share of the profits or interest upon any

16-33  limited partnership interest;

16-34     (b) To exercise, directly or through any trustee or nominee, any

16-35  voting right conferred by such interest; or

16-36     (c) To receive any remuneration in any form from the limited

16-37  partnership, for services rendered or otherwise.

16-38     4.  The certificate of limited partnership of any limited

16-39  partnership holding a state gaming license must contain a statement

16-40  of the restrictions imposed by this section.

16-41     Sec. 18.  NRS 463.5733 is hereby amended to read as follows:

16-42     463.5733  1.  The purported sale, assignment, transfer, pledge,

16-43  [granting] exercise of an option to purchase or other disposition of

16-44  any interest in a limited-liability company which holds a state

17-1  gaming license is ineffective unless approved in advance by the

17-2  Commission.

17-3      2.  If at any time the Commission finds that a member is

17-4  unsuitable to hold an interest in a limited-liability company, the

17-5  Commission shall immediately notify the limited-liability company

17-6  of that fact. The limited-liability company shall, within 10 days after

17-7  it receives the notice from the Commission, return to the member, in

17-8  cash, the amount of his capital account as reflected on the books of

17-9  the company.

17-10     3.  Except as otherwise provided in subsection 2, beginning on

17-11  the date when the Commission serves notice of a determination of

17-12  unsuitability pursuant to subsection 2 upon the limited-liability

17-13  company, it is unlawful for the unsuitable member:

17-14     (a) To receive any share of the distribution of profits of the

17-15  limited-liability company or any payments upon dissolution of the

17-16  company;

17-17     (b) To exercise any voting right conferred by the member’s

17-18  interest in the limited-liability company;

17-19     (c) To participate in the management of the limited-liability

17-20  company; or

17-21     (d) To receive any remuneration in any form from the limited-

17-22  liability company, for services rendered or otherwise.

17-23     4.  The articles of organization of any limited-liability company

17-24  holding a state gaming license must contain a statement of the

17-25  restrictions imposed by this section.

17-26     Sec. 19.  NRS 463.650 is hereby amended to read as follows:

17-27     463.650  1.  Except as otherwise provided in subsections 2 to

17-28  5, inclusive, it is unlawful for any person, either as owner, lessee or

17-29  employee, whether for hire or not, to operate, carry on, conduct or

17-30  maintain any form of manufacture, selling or distribution of any

17-31  gaming device, cashless wagering system or interactive gaming

17-32  system for use or play in Nevada or for distribution outside of

17-33  Nevada without first procuring and maintaining all required federal,

17-34  state, county and municipal licenses.

17-35     2.  A lessor who specifically acquires equipment for a capital

17-36  lease is not required to be licensed under this section or

17-37  NRS 463.660.

17-38     3.  The holder of a state gaming license or the holding company

17-39  of a corporation, partnership, limited partnership, limited-liability

17-40  company or other business organization holding a license may,

17-41  within 2 years after cessation of business or upon specific approval

17-42  by the Board, dispose of by sale in a manner approved by the Board,

17-43  any or all of its gaming devices, including slot machines, and

17-44  cashless wagering systems, without a distributor’s license. In cases

17-45  of bankruptcy of a state gaming licensee or foreclosure of a lien by a

18-1  bank or other person holding a security interest for which gaming

18-2  devices are security in whole or in part for the lien, the Board may

18-3  authorize the disposition of the gaming devices without requiring a

18-4  distributor’s license.

18-5      4.  The Commission may, by regulation, authorize a person who

18-6  owns [gaming] :

18-7      (a) Gaming devices for home use in accordance with NRS

18-8  463.160 ; or

18-9      (b) Antique gaming devices,

18-10  to sell such devices without procuring a license therefor[.] to

18-11  residents of jurisdictions wherein ownership of such devices is

18-12  legal.

18-13     5.  Upon approval by the Board, a gaming device owned by:

18-14     (a) A law enforcement agency;

18-15     (b) A court of law; or

18-16     (c) A gaming device repair school licensed by the Commission

18-17  on Postsecondary Education,

18-18  may be disposed of by sale, in a manner approved by the Board,

18-19  without a distributor’s license. An application for approval must be

18-20  submitted to the Board in the manner prescribed by the Chairman.

18-21     6.  Any person whom the Commission determines is a suitable

18-22  person to receive a license under the provisions of this section and

18-23  NRS 463.660 may be issued a manufacturer’s or distributor’s

18-24  license. The burden of proving his qualification to receive or hold a

18-25  license under this section and NRS 463.660 is at all times on the

18-26  applicant or licensee.

18-27     7.  Every person who must be licensed pursuant to this section

18-28  is subject to the provisions of NRS 463.482 to 463.645, inclusive,

18-29  unless exempted from those provisions by the Commission.

18-30     8.  The Commission may exempt, for any purpose, a

18-31  manufacturer, seller or distributor from the provisions of NRS

18-32  463.482 to 463.645, inclusive, if the Commission determines that

18-33  the exemption is consistent with the purposes of this chapter.

18-34     9.  As used in this section[, “holding] :

18-35     (a) “Antique gaming device” means a gaming device that was

18-36  manufactured before 1951.

18-37     (b) “Holding company” has the meaning ascribed to it in

18-38  NRS 463.485.

18-39     Sec. 20.  NRS 179.301 is hereby amended to read as follows:

18-40     179.301  1.  The State Gaming Control Board and Nevada

18-41  Gaming Commission and their employees, agents and

18-42  representatives may inquire into and inspect any records sealed

18-43  pursuant to NRS 179.245 or 179.255, if the event or conviction was

18-44  related to gaming, for purposes of determining the suitability or

18-45  qualifications of any person to hold a state gaming license,

19-1  manufacturer’s, seller’s or distributor’s license or [gaming work

19-2  permit] registration as a gaming employee pursuant to chapter 463

19-3  of NRS. Events and convictions, if any, which are the subject of an

19-4  order sealing records may form the basis for recommendation,

19-5  denial or revocation of those licenses or work permits.

19-6      2.  The Central Repository and its employees may inquire into

19-7  and inspect any records sealed pursuant to NRS 179.245 or 179.255

19-8  that constitute information relating to sexual offenses, and may

19-9  notify employers of the information in accordance with NRS

19-10  179A.180 to 179A.240, inclusive.

19-11     3.  Records which have been sealed pursuant to NRS 179.245

19-12  or 179.255 and which are retained in the statewide registry

19-13  established pursuant to NRS 179B.200 may be inspected pursuant to

19-14  chapter 179B of NRS by an officer or employee of the Central

19-15  Repository or a law enforcement officer in the regular course of his

19-16  duties.

19-17     Sec. 21.  NRS 646.020 is hereby amended to read as follows:

19-18     646.020  1.  Every pawnbroker doing business in any

19-19  incorporated city or unincorporated town in this state shall maintain

19-20  in his place of business a book or other permanent record in which

19-21  must be legibly written in the English language, at the time of each

19-22  loan or purchase a record thereof containing:

19-23     (a) The date and time of the transaction.

19-24     (b) The name or other identification of the person or employee

19-25  conducting the transaction.

19-26     (c) The name, age, street and house number, the serial number

19-27  of one piece of positive identification [or a work permit issued

19-28  pursuant to NRS 463.335] and a general description of the

19-29  complexion, color of hair and facial appearance of the person with

19-30  whom the transaction is had. In lieu of recording the serial number

19-31  of a piece of positive identification [or a work permit,] , the record

19-32  may contain an indication that the pawnbroker knows the person

19-33  with whom the transaction is had.

19-34     (d) A description of the property received in pledge. In the case

19-35  of watches, the description must contain the name of the maker and

19-36  the number of the works or the case. In the case of jewelry, all

19-37  letters and marks inscribed thereon must be included in the

19-38  description.

19-39     (e) The amount loaned.

19-40     (f) The number of any pawn ticket issued therefor.

19-41     2.  The person with whom a transaction is had shall, at the time

19-42  of the transaction, certify in writing that he has the legal right to

19-43  pledge or sell the property.

20-1      3.  The record and all goods received must at all times during

20-2  the ordinary hours of business be open to the inspection of the

20-3  prosecuting attorney or of any peace officer.

20-4      Sec. 22.  NRS 244.353, 463.0195, and 463.0197 are hereby

20-5  repealed.

20-6      Sec. 23.  Notwithstanding the amendatory provisions of this

20-7  act, a person who holds a valid work permit on October 1, 2003,

20-8  issued before October 1, 2003, shall be deemed to be registered as a

20-9  gaming employee on October 1, 2003, and the registration of such a

20-10  person shall be deemed to expire on the expiration date set forth on

20-11  the work permit, unless objected to or suspended or revoked by the

20-12  Board. If the work permit of such a person does not set forth an

20-13  expiration date, the registration of such a person shall be deemed to

20-14  expire on the person’s birthday in 2005, unless objected to or

20-15  suspended or revoked by the Board.

20-16     Sec. 24.  1.  This section and section 19 of this act become

20-17  effective upon passage and approval.

20-18     2.  Sections 1 to 4, inclusive, and 15 to 18, inclusive, of this act

20-19  become effective on July 1, 2003.

20-20     3.  Sections 5 to 14, inclusive, and 20 to 23, inclusive, of this

20-21  act become effective on October 1, 2003.

 

 

20-22  TEXT OF REPEALED SECTIONS

 

20-23     244.353  Revocation or suspension of work permit or

20-24   identification card for licensed gambling establishment: Appeal

20-25   to county commissioners.

20-26     Whenever under the provisions of any law or county ordinance a

20-27   person is required to obtain a work permit or identification card

20-28   from the sheriff or other county officer as a condition of

20-29   employment in a licensed gambling establishment, and such work

20-30   permit or identification card is revoked or suspended by the sheriff

20-31   or other county officer, the person aggrieved may appeal therefrom

20-32   to the board of county commissioners.

20-33     463.0195  “Temporary work permit” defined.

20-34     “Temporary work permit” means a work permit which is valid

20-35   only for a period not to exceed 90 days from its date of issue and is

20-36   not renewable.

20-37     463.0197  “Work permit” defined.

20-38     “Work permit” means any card, certificate or permit issued by

20-39   the Board or by a county or city licensing authority, whether

21-1  denominated as a work permit, registration card or otherwise,

21-2  authorizing the holder to be employed as a gaming employee in this

21-3   state or to serve as an independent agent. A document issued by any

21-4   governmental authority for any employment other than gaming is

21-5   not a valid work permit for the purposes of this chapter.

 

21-6  H