REQUIRES TWO-THIRDS MAJORITY VOTE (§ 7)                 

                                                 (Reprinted with amendments adopted on April 18, 2003)

 

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 1.3 to 4, inclusive, of this

2-3  act.

2-4  Sec. 1.3. “Registered as a gaming employee” means

2-5  authorized to be employed as a gaming employee in this state or to

2-6  serve as an independent agent.

2-7  Sec. 1.7. “Temporarily registered as a gaming employee”

2-8  means authorized to be employed as a gaming employee in this

2-9  state or serve as an independent agent from the date of submitting

2-10  an application for registration or renewal of registration for a

2-11  period not to exceed 120 days following receipt of a complete

2-12  application by the Board, including classifiable fingerprints,

2-13  unless otherwise suspended.

2-14      Sec. 2.  1.  The purported granting of an option to purchase

2-15  any security issued by a corporation, other than a publicly traded

2-16  corporation, which holds a state gaming license, or the purported

2-17  sale, assignment, transfer, pledge or other disposition of an

2-18  existing option to acquire such a security is void unless

2-19  administratively approved in advance by the Chairman of the

2-20  Board.

2-21      2.  A request for administrative approval pursuant to

2-22  subsection 1 must:

2-23      (a) Be made on forms approved by the Chairman of the Board;

2-24  and

2-25      (b) To the extent consistent with this section, be considered in

2-26  all respects as an application.

2-27      3.  The Chairman of the Board may refer a request for

2-28  administrative approval to the Board and Commission for

2-29  consideration or deny the request for administrative approval

2-30  for any reasonable cause. A denial may be submitted for review by

2-31  the Board and Commission in the manner set forth by the

2-32  regulations of the Commission pertaining to the review of

2-33  administrative approval decisions.

2-34      4.  The Commission, upon recommendation by the Board,

2-35  may require a person to apply for a finding of suitability to hold

2-36  an option to purchase such a security.

2-37      Sec. 3.  1.  The purported granting of an option to purchase

2-38  any interest in a limited partnership which holds a state gaming

2-39  license or the purported sale, assignment, transfer, pledge or other

2-40  disposition of an existing option to acquire such an interest is

2-41  ineffective unless administratively approved in advance by the

2-42  Chairman of the Board.

2-43      2.  A request for administrative approval pursuant to

2-44  subsection 1 must:

3-1  (a) Be made on forms approved by the Chairman of the Board;

3-2  and

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

3-4  all respects as an application.

3-5  3.  The Chairman of the Board may refer a request for

3-6  administrative approval to the Board and Commission for

3-7  consideration or deny the request for administrative approval

3-8  for any reasonable cause. A denial may be submitted for review by

3-9  the Board and Commission in the manner set forth by the

3-10  regulations of the Commission pertaining to the review of

3-11  administrative approval decisions.

3-12      4.  The Commission, upon recommendation by the Board,

3-13  may require a person to apply for a finding of suitability to hold

3-14  an option to purchase such an interest.

3-15      Sec. 4.  1.  The purported granting of an option to purchase

3-16  any interest in a limited-liability company which holds a state

3-17  gaming license or the purported sale, assignment, transfer, pledge

3-18  or other disposition of an existing option to acquire such an

3-19  interest is ineffective unless administratively approved in advance

3-20  by the Chairman of the Board.

3-21      2.  A request for administrative approval pursuant to

3-22  subsection 1 must:

3-23      (a) Be made on forms approved by the Chairman of the Board;

3-24  and

3-25      (b) To the extent consistent with this section, be considered in

3-26  all respects as an application.

3-27      3.  The Chairman of the Board may refer a request for

3-28  administrative approval to the Board and Commission for

3-29  consideration or deny the request for administrative approval

3-30  for any reasonable cause. A denial may be submitted for review by

3-31  the Board and Commission in the manner set forth by the

3-32  regulations of the Commission pertaining to the review of

3-33  administrative approval decisions.

3-34      4.  The Commission, upon recommendation by the Board,

3-35  may require a person to apply for a finding of suitability to hold

3-36  an option to purchase such an interest.

3-37      Sec. 5.  NRS 463.013 is hereby amended to read as follows:

3-38      463.013  As used in this chapter, unless the context otherwise

3-39  requires, the words and terms defined in NRS 463.0133 to

3-40  [463.0197,] 463.01967, inclusive, and sections 1.3 and 1.7 of this

3-41  act have the meanings ascribed to them in those sections.

3-42      Sec. 6.  NRS 463.1595 is hereby amended to read as follows:

3-43      463.1595  1.  The Commission shall adopt regulations,

3-44  consistent with NRS 463.370, 463.371[, which] and 463.3715, that

3-45  prescribe the manner in which winnings, compensation from games

4-1  and gaming devices, and gross revenue must be computed and

4-2  reported by the licensee.

4-3  2.  The Commission may adopt regulations that prescribe the

4-4  manner in which a licensee must submit to the Commission any

4-5  fees, interest, penalties or tax required to be paid based upon the

4-6  information reported in subsection 1.

4-7  Sec. 7.  NRS 463.335 is hereby amended to read as follows:

4-8  463.335  1.  The Legislature finds that, to protect and promote

4-9  the health, safety, morals, good order and general welfare of the

4-10  inhabitants of the State of Nevada and to carry out the policy

4-11  declared in NRS 463.0129, it is necessary that the Board:

4-12      (a) Ascertain and keep itself informed of the identity, prior

4-13  activities and present location of all gaming employees and

4-14  independent agents in the State of Nevada; and

4-15      (b) Maintain confidential records of such information.

4-16      2.  Except as otherwise provided in subsection [3,] 4, a person

4-17  may not be employed as a gaming employee or serve as an

4-18  independent agent unless he is [the holder of a valid work permit to

4-19  work] temporarily registered or registered as a gaming employee

4-20  [issued] pursuant to this section. [A work permit to work as a

4-21  gaming employee may be issued by the Board or by a county or city

4-22  licensing authority.] An applicant for [a work permit shall file his]

4-23  registration or renewal of registration as a gaming employee must

4-24  file an application for [a work permit with the licensing authority of

4-25  the city in which he resides if that city requires a work permit. If the

4-26  city in which he resides does not require such a permit, the applicant

4-27  shall file his application with the licensing authority of the county in

4-28  which he resides if that county requires a work permit. If the county

4-29  in which he resides does not require such a permit, the applicant

4-30  shall file his application with the Board.] registration or renewal of

4-31  registration with the Board. Whenever a registered gaming

4-32  employee, whose registration has not expired, has not been

4-33  objected to by the Board, or has not been suspended or revoked

4-34  becomes employed as a gaming employee at another or additional

4-35  gaming establishment, he must file a change of employment notice

4-36  within 10 days with the Board. The application for registration

4-37  and change of employment notice must be filed through the

4-38  licensee for whom the applicant will commence or continue

4-39  working as a gaming employee, unless otherwise filed with the

4-40  Board as prescribed by regulation of the Commission.

4-41      3.  The Board shall [, by regulation,] prescribe the [form for an]

4-42  forms for the application for [a work permit to work] registration as

4-43  a gaming employee[. The fee for such a permit may be charged

4-44  only to cover the actual investigative and administrative costs

5-1  related to processing an application for such a permit and must not

5-2  exceed $75.

5-3  3.] and the change of employment notice.

5-4  4. An independent agent is not required to [hold a work permit]

5-5  be registered as a gaming employee if he is not a resident of this

5-6  state and has registered with the Board in accordance with the

5-7  provisions of the regulations adopted by the Commission.

5-8  [4.  Upon receipt of an application for a work permit to work as

5-9  a gaming employee, the Board or licensing authority]

5-10      5.  A complete application for registration or renewal of

5-11  registration as a gaming employee or a change of employment

5-12  notice received by a licensee must be mailed to the Board within 1

5-13  business day of receipt.

5-14      6.  The Board shall immediately conduct an investigation of

5-15  [the applicant] each person who files an application for

5-16  registration or renewal of registration as a gaming employee to

5-17  determine whether he is eligible for [the permit.] registration as a

5-18  gaming employee. In conducting the investigation, [the Board or

5-19  licensing authority shall forward a complete set] two complete sets

5-20  of the applicant’s fingerprints must be submitted to the Central

5-21  Repository for Nevada Records of Criminal History for

5-22  [submission] :

5-23      (a) A report concerning the criminal history of the applicant;

5-24  and

5-25      (b) Submission to the Federal Bureau of Investigation for a

5-26  report concerning the criminal history of the applicant.

5-27  The investigation need not be limited solely to consideration of the

5-28  results of the report concerning the criminal history of the applicant.

5-29      [5.  A work permit issued to a gaming employee or an

5-30  independent agent must have clearly imprinted thereon a statement

5-31  that it is valid for gaming purposes only.

5-32      6.  Unless denied or] The fee for processing an application for

5-33  registration or renewal of registration as a gaming employee may

5-34  be charged only to cover the actual investigative and

5-35  administrative costs related to processing the application and the

5-36  fees charged by the Central Repository for Nevada Records of

5-37  Criminal History and the Federal Bureau of Investigation to

5-38  process the fingerprints of an applicant pursuant to this

5-39  subsection.

5-40      7.  Upon receipt of a change of employment notice, the Board

5-41  may conduct any investigations of the gaming employee that the

5-42  Board deems appropriate to determine whether the gaming

5-43  employee may remain registered as a gaming employee. The filing

5-44  of a change of employment notice constitutes an application for

5-45  registration as a gaming employee and if the Board, after

6-1  conducting its investigation, suspends or objects to the continued

6-2  registration of the gaming employee, the provisions of subsections

6-3  11 to 17, inclusive, apply to such suspension by or objection of the

6-4  Board. No fee may be charged by the Board to cover the actual

6-5  investigative and administrative costs related to processing a

6-6  change of employment notice.

6-7  8.  Except as otherwise prescribed by regulation of the

6-8  Commission, an applicant for registration or renewal of

6-9  registration as a gaming employee is deemed temporarily

6-10  registered as a gaming employee as of the date an application for

6-11  registration or renewal of registration is submitted to the licensee

6-12  for which he will commence or continue working as a gaming

6-13  employee. Unless objected to by the Board [at the time that the

6-14  permittee filed a notice of a change in his place of employment

6-15  pursuant to subsection 8 and unless suspended or revoked, such a

6-16  permit expires on the fifth anniversary of the permittee’s birthday,

6-17  measured from the birthday nearest the date of issuance or renewal.

6-18  If the date of birth of a permittee is on February 29 in a leap year,

6-19  for the purposes of this section, his date of birth shall be deemed to

6-20  be on February 28.

6-21      7.  Whenever any person applies to a county or city licensing

6-22  authority for the issuance or renewal of a work permit, the county or

6-23  city officer or employee to whom the application is made shall

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

6-25  at the discretion of the county or city licensing authority issue a

6-26  temporary work permit that is valid for 120 days.] or suspended or

6-27  revoked, the initial registration of an applicant as a gaming

6-28  employee expires 5 years after the date employment commences

6-29  with the applicable licensee or, in the case of an independent

6-30  agent, 5 years after the date he contracts with an applicable

6-31  licensee. Any subsequent renewal of registration as a gaming

6-32  employee, unless objected to by the Board or suspended or

6-33  revoked, expires 5 years after the expiration date of the most

6-34  recent registration or renewal of registration of the gaming

6-35  employee.

6-36      9.  If , within 120 days after receipt by the Board of [the copy of

6-37  the application,] a complete application for registration or renewal

6-38  of registration as a gaming employee, including classifiable

6-39  fingerprints, or a change of employment notice, the Board has not

6-40  notified the [county or city licensing authority] applicable licensee

6-41  of any suspension or objection, the [authority may issue, renew or

6-42  deny a permanent work permit to the applicant.

6-43      8.  A gaming employee who is issued a work permit] applicant

6-44  shall be deemed to be registered as a gaming employee. A complete

7-1  application for registration or renewal of registration as a gaming

7-2  employee is comprised of:

7-3  (a) The fully completed form for application for registration as

7-4  a gaming employee prescribed in subsection 3;

7-5  (b) Two complete sets of the fingerprints of the applicant,

7-6  unless directly forwarded electronically or by another means to the

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

7-8  (c) The fee for processing the application for registration or

7-9  renewal of registration as a gaming employee prescribed by the

7-10  Board pursuant to subsection 6, unless otherwise prescribed by

7-11  regulation of the Commission; and

7-12      (d) A completed statement as prescribed in subsections 1 and 2

7-13  of NRS 463.3351.

7-14  If the Board determines after receiving an application for

7-15  registration or renewal of registration as a gaming employee that

7-16  the application is incomplete, the Board may suspend the

7-17  temporary registration as a gaming employee of the applicant who

7-18  filed the incomplete application. An applicant whose temporary

7-19  registration is suspended shall not be eligible to work as a gaming

7-20  employee until such time as he files a complete application.

7-21      10.  A person who is temporarily registered or registered as a

7-22  gaming employee is eligible for employment in any licensed gaming

7-23  establishment in this state until [the work permit is denied or] such

7-24  registration is objected to by the Board, expires or is suspended or

7-25  revoked. [However, each such employee shall notify the Board

7-26  within 10 days following any change of his place of employment at

7-27  a gaming establishment. Such a notification shall be deemed an

7-28  application for a work permit that the Board may deny or object to

7-29  after conducting any investigations the Board deems appropriate.

7-30  The provisions of subsections 9 to 16, inclusive, apply to any such

7-31  objection of the Board.] The Commission shall adopt regulations to:

7-32      (a) [Facilitate] Establish uniform procedures for the [issuance of

7-33  work permits by counties and cities;] registration of gaming

7-34  employees;

7-35      (b) Establish uniform criteria for [denial by a county or city

7-36  licensing authority] objection by the Board of an application for [a

7-37  work permit;] registration; and

7-38      (c) Provide for the creation and maintenance of a system of

7-39  records that contain information regarding the current place of

7-40  employment of each person who [possesses a valid work permit.

7-41      9.] is registered as a gaming employee and each person whose

7-42  registration as a gaming employee has expired, was objected to by

7-43  the Board, or was suspended or revoked. The system of records

7-44  must be accessible by licensees for the limited purpose of

7-45  complying with subsection 2.

8-1  11. If the Board, within the 120-day period[,] prescribed in

8-2  subsection 9, notifies:

8-3  (a) The [county or city licensing authority;] applicable licensee;

8-4  and

8-5  (b) The applicant,

8-6  that the Board suspends or objects to the [granting of a work permit

8-7  to the applicant, the authority shall deny the work permit and shall

8-8  immediately revoke and repossess any temporary work permit

8-9  which it may have issued.] temporary registration of an applicant

8-10  as a gaming employee, the licensee shall immediately terminate

8-11  the applicant from employment or reassign him to a position that

8-12  does not require registration as a gaming employee. The notice of

8-13  suspension or objection by the Board which is sent to the applicant

8-14  must include a statement of the facts upon which the Board relied in

8-15  making its suspension or objection.

8-16      [10.  Whenever an application for a work permit is made to the

8-17  Board and the Board denies such an application, it shall include in

8-18  its notice of the denial a statement of the facts upon which it relied

8-19  in denying the application.

8-20      11.] 12. Any person whose application for [a work permit has

8-21  been denied because of an objection by the Board or whose

8-22  application has been denied] registration or renewal of registration

8-23  as a gaming employee has been suspended or objected to by the

8-24  Board may, not later than 60 days after receiving notice of the

8-25  [denial] suspension or objection, apply to the Board for a hearing. A

8-26  failure of a person whose application has been [denied] objected to

8-27  or suspended to apply for a hearing within 60 days or his failure to

8-28  appear at a hearing of the Board conducted pursuant to this section

8-29  shall be deemed to be an admission that the [denial] suspension or

8-30  objection is well-founded, and the failure precludes administrative

8-31  or judicial review. At the hearing, the Board shall take any

8-32  testimony deemed necessary. After the hearing, the Board shall

8-33  review the testimony taken and any other evidence, and shall ,

8-34  within 45 days after the date of the hearing , mail to the applicant its

8-35  decision sustaining or reversing the [denial of the work permit]

8-36  suspension or the objection to the [issuance of a work permit.

8-37      12.] registration of the applicant as a gaming employee.

8-38      13. The Board may suspend or object to the [issuance of a

8-39  work permit or may refuse to issue a work permit] registration of

8-40  an applicant as a gaming employee for any cause deemed

8-41  reasonable by the Board. The Board may object [or refuse] to or

8-42  suspend the registration if the applicant has:

8-43      (a) Failed to disclose or misstated information or otherwise

8-44  attempted to mislead the Board with respect to any material fact

9-1  contained in the application for [the issuance or renewal of a work

9-2  permit;] registration as a gaming employee;

9-3  (b) Knowingly failed to comply with the provisions of this

9-4  chapter or chapter 463B, 464 or 465 of NRS or the regulations of

9-5  the Commission at a place of previous employment;

9-6  (c) Committed, attempted or conspired to commit any crime of

9-7  moral turpitude, embezzlement or larceny or any violation of any

9-8  law pertaining to gaming, or any crime which is inimical to the

9-9  declared policy of this state concerning gaming;

9-10      (d) Committed, attempted or conspired to commit a crime which

9-11  is a felony or gross misdemeanor in this state or an offense in

9-12  another state or jurisdiction which would be a felony or gross

9-13  misdemeanor if committed in this state;

9-14      (e) Been identified in the published reports of any federal or

9-15  state legislative or executive body as being a member or associate of

9-16  organized crime, or as being of notorious and unsavory reputation;

9-17      (f) Been placed and remains in the constructive custody of any

9-18  federal, state or municipal law enforcement authority; or

9-19      (g) Had [a work permit] registration as a gaming employee

9-20  revoked or committed any act which is a ground for the revocation

9-21  of [a work permit] registration as a gaming employee or would

9-22  have been a ground for revoking [his work permit if he] registration

9-23  as a gaming employee if the applicant had then [held a work

9-24  permit.] been registered as a gaming employee.

9-25  If the Board [issues] registers or does not suspend or object to the

9-26  [issuance of a work permit to] registration of an applicant[,] as a

9-27  gaming employee, it may specially limit the period for which the

9-28  [permit] registration is valid, limit the job classifications for which

9-29  the [holder of the permit] registered gaming employee may be

9-30  employed and establish such individual conditions for the

9-31  [issuance,] renewal and effectiveness of the [permit] registration as

9-32  the Board deems appropriate, including required submission to

9-33  unscheduled tests for the presence of alcohol or controlled

9-34  substances.

9-35      [13.] 14. Any applicant aggrieved by the decision of the Board

9-36  may, within 15 days after the announcement of the decision, apply

9-37  in writing to the Commission for review of the decision. Review is

9-38  limited to the record of the proceedings before the Board. The

9-39  Commission may sustain, modify or reverse the Board’s decision.

9-40  The decision of the Commission is subject to judicial review

9-41  pursuant to NRS 463.315 to 463.318, inclusive.

9-42      [14.  Except as otherwise provided in this subsection, all

9-43  records acquired or compiled by the Board or Commission relating

9-44  to any application made pursuant to this section and all lists of

9-45  persons to whom work permits have been issued or denied and all

10-1  records of the names or identity of persons engaged in the gaming

10-2  industry in this state are confidential and must not be disclosed

10-3  except in the proper administration of this chapter or to an

10-4  authorized law enforcement agency. Upon receipt of a request from

10-5  the Welfare Division of the Department of Human Resources

10-6  pursuant to NRS 425.400 for information relating to a specific

10-7  person who has applied for or holds a work permit, the Board shall

10-8  disclose to the Division his social security number, residential

10-9  address and current employer as that information is listed in the files

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

10-11  which shows that the applicant has been convicted of a crime in

10-12  another state must show whether the crime was a misdemeanor,

10-13  gross misdemeanor, felony or other class of crime as classified by

10-14  the state in which the crime was committed. In a disclosure of the

10-15  conviction, reference to the classification of the crime must be based

10-16  on the classification in the state where it was committed.]

10-17     15.  The Chairman of the Board may designate a member of the

10-18  Board or the Board may appoint a hearing examiner and authorize

10-19  that person to perform on behalf of the Board any of the following

10-20  functions required of the Board by this section concerning [work

10-21  permits:] the registration or renewal of registration of gaming

10-22  employees:

10-23     (a) Conducting a hearing and taking testimony;

10-24     (b) Reviewing the testimony and evidence presented at the

10-25  hearing;

10-26     (c) Making a recommendation to the Board based upon the

10-27  testimony and evidence or rendering a decision on behalf of the

10-28  Board to sustain or reverse the [denial of a work permit] suspension

10-29  of or the objection to the [issuance or renewal of a work permit;]

10-30  registration of an applicant as a gaming employee; and

10-31     (d) Notifying the applicant of the decision.

10-32     16.  Notice by the Board as provided pursuant to this section is

10-33  sufficient if it is mailed to the applicant’s last known address as

10-34  indicated on the application for [a work permit,] registration as a

10-35  gaming employee or the record of the hearing, as the case may be.

10-36  The date of mailing may be proven by a certificate signed by an

10-37  officer or employee of the Board which specifies the time the notice

10-38  was mailed. The notice shall be deemed to have been received by

10-39  the applicant 5 days after it is deposited with the United States

10-40  Postal Service with the postage thereon prepaid.

10-41     17.  Except as otherwise provided in this subsection, all

10-42  records acquired or compiled by the Board or Commission

10-43  relating to any application made pursuant to this section, all lists

10-44  of persons registered as gaming employees, all lists of persons

10-45  suspended or objected to by the Board and all records of the

11-1  names or identity of persons engaged in the gaming industry in

11-2  this state are confidential and must not be disclosed except in the

11-3  proper administration of this chapter or to an authorized law

11-4  enforcement agency. Upon receipt of a request from the Welfare

11-5  Division of the Department of Human Resources pursuant to NRS

11-6  425.400 for information relating to a specific person who has

11-7  applied for registration as a gaming employee or is registered as a

11-8  gaming employee, the Board shall disclose to the Division his

11-9  social security number, residential address and current employer

11-10  as that information is listed in the files and records of the Board.

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

11-12  applicant has been convicted of a crime in another state must

11-13  show whether the crime was a misdemeanor, gross misdemeanor,

11-14  felony or other class of crime as classified by the state in which the

11-15  crime was committed. In a disclosure of the conviction, reference

11-16  to the classification of the crime must be based on the

11-17  classification in the state where it was committed.

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

11-19  on the date employment commences, is not eligible to work as a

11-20  gaming employee and is not on the list of persons registered as

11-21  gaming employees maintained by the Board shall constitute an

11-22  unsuitable method of operation by the licensee that employs the

11-23  person and may be grounds for disciplinary action by the Board

11-24  and the Commission in accordance with the Nevada Gaming

11-25  Control Act and the regulations of the Commission. To assist the

11-26  Board in maintaining the list of persons registered as gaming

11-27  employees, any licensee that terminates a gaming employee for

11-28  committing, or being suspected of committing, an act on the

11-29  premises of the licensee which may be a crime shall inform the

11-30  Board of such termination not later than 24 hours thereof.

11-31     Sec. 8.  NRS 463.3351 is hereby amended to read as follows:

11-32     463.3351  1.  An applicant for [the issuance] registration or

11-33  renewal of [a work permit] registration as a gaming employee [or

11-34  independent agent] shall submit to the [agency issuing work permits

11-35  pursuant to NRS 463.335] Board the statement prescribed by the

11-36  Welfare Division of the Department of Human Resources pursuant

11-37  to NRS 425.520. The statement must be completed and signed by

11-38  the applicant.

11-39     2.  The [issuing agency] Board shall include the statement

11-40  required pursuant to subsection 1 in:

11-41     (a) The application or any other forms that must be submitted

11-42  for [the issuance] registration or renewal of [the work permit;]

11-43  registration as a gaming employee; or

11-44     (b) A separate form prescribed by the [issuing agency.

11-45     3.  A work permit] Board.

12-1      3.  An applicant may not be [issued or renewed by the issuing

12-2  agency] registered as a gaming employee if the applicant:

12-3      (a) Fails to submit the statement required pursuant to subsection

12-4  1; or

12-5      (b) Indicates on the statement submitted pursuant to subsection

12-6  1 that he is subject to a court order for the support of a child and is

12-7  not in compliance with the order or a plan approved by the district

12-8  attorney or other public agency enforcing the order for the

12-9  repayment of the amount owed pursuant to the order.

12-10     4.  If an applicant indicates on the statement submitted pursuant

12-11  to subsection 1 that he is subject to a court order for the support of a

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

12-13  the district attorney or other public agency enforcing the order for

12-14  the repayment of the amount owed pursuant to the order, the

12-15  [issuing agency] Board shall advise the applicant to contact the

12-16  district attorney or other public agency enforcing the order to

12-17  determine the actions that the applicant may take to satisfy the

12-18  arrearage.

12-19     Sec. 9.  NRS 463.3352 is hereby amended to read as follows:

12-20     463.3352  1.  If [an agency that issues work permits pursuant

12-21  to NRS 463.335] the Board receives a copy of a court order issued

12-22  pursuant to NRS 425.540 that provides for the suspension of all

12-23  professional, occupational and recreational licenses, certificates ,

12-24  and permitsissued to a person who is [the holder of a work permit]

12-25  registered as a gaming employee [or independent agent issued by

12-26  the agency, the agency] , the Board shall deem the [work permit

12-27  issued to] registration of that person to be suspended at the end of

12-28  the 30th day after the date on which the court order was issued

12-29  unless the [agency] Board receives a letter issued to the [holder of

12-30  the work permit] registered gaming employee by the district

12-31  attorney or other public agency pursuant to NRS 425.550 stating

12-32  that the [holder of the work permit] registered gaming employee has

12-33  complied with the subpoena or warrant or has satisfied the arrearage

12-34  pursuant to NRS 425.560.

12-35     2.  [An agency that issues work permits pursuant to NRS

12-36  463.335] The Board shall reinstate [a work permit] the registration

12-37  as a gaming employee of a person that has been suspended by a

12-38  district court pursuant to NRS 425.540 if the [agency] Board

12-39  receives a letter issued by the district attorney or other public agency

12-40  pursuant to NRS 425.550 to the person whose [work permit]

12-41  registration was suspended stating that the person whose [work

12-42  permit] registration was suspended has complied with the subpoena

12-43  or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 

 

13-1      Sec. 10.  NRS 463.3354 is hereby amended to read as follows:

13-2      463.3354  An application for [the issuance of a work permit]

13-3  registration or renewal of registration as a gaming employee [or

13-4  independent agent] must include the social security number of the

13-5  applicant.

13-6      Sec. 11.  NRS 463.336 is hereby amended to read as follows:

13-7      463.336  1.  The Commission may issue an order summarily

13-8  suspending a person’s [work permit] registration as a gaming

13-9  employee upon a finding that the suspension is necessary for the

13-10  immediate preservation of the public peace, health, safety, morals,

13-11  good order or general welfare. The order becomes effective when

13-12  served upon the [holder of the permit.] person registered.

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

13-14  which the finding of necessity for the suspension is based. For

13-15  purposes of this section, the order of summary suspension shall be

13-16  deemed a complaint.

13-17     3.  An order of summary suspension must be signed by at least

13-18  three members of the Commission.

13-19     4.  The person whose [work permit] registration as a gaming

13-20  employee is summarily suspended:

13-21     (a) Has a right to a hearing on the order. The Commission shall

13-22  schedule a hearing within 5 days after receipt of the person’s notice

13-23  of defense.

13-24     (b) Must file a notice of defense within 30 days after the

13-25  effective date of the order of summary suspension. Failure to file

13-26  this notice in a timely manner waives his right to a hearing before

13-27  the Commission and to judicial review of the final decision.

13-28     5.  All affirmative defenses must be specifically stated in the

13-29  notice of defense and unless an objection is stated to the form or

13-30  manner of the order, all objections to the form of the complaint shall

13-31  be deemed waived.

13-32     6.  Except as otherwise provided in this section, the procedures

13-33  for a disciplinary action in NRS 463.312 to 463.3145, inclusive,

13-34  must be followed.

13-35     Sec. 12.  NRS 463.337 is hereby amended to read as follows:

13-36     463.337  1.  If any gaming employee or independent agent ,

13-37  who is registered as a gaming employee with the board, is

13-38  convicted of any violation of this chapter or chapter 463B, 464 or

13-39  465 of NRS, or if in investigating an alleged violation of this chapter

13-40  by any licensee the Commission finds that a registered gaming

13-41  employee employed by or [an] a registered independent agent

13-42  contracting with the licensee has been guilty of cheating, the

13-43  Commission shall , after a hearing as provided in NRS 463.310 and

13-44  463.312 to 463.3145, inclusive[:

14-1      (a) If the gaming employee or independent agent holds a work

14-2  permit issued by the Board, revoke it.

14-3      (b) If the gaming employee or independent agent holds a work

14-4  permit issued by a county or city licensing authority, notify the

14-5  authority to revoke it, and the county or city licensing authority shall

14-6  revoke it.] , revoke the registration.

14-7      2.  The Commission may revoke [a work permit issued by the

14-8  Board or, if issued by a county or city licensing authority, notify the

14-9  authority to revoke it,] the registration of a gaming employee or

14-10  independent agent if the Commission finds , after a hearing as

14-11  provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that

14-12  the gaming employee or independent agent has failed to disclose,

14-13  misstated or otherwise misled the Board in respect to any fact

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

14-15  a gaming employee or, subsequent to being [issued a work permit:]

14-16  registered as a gaming employee:

14-17     (a) Committed, attempted or conspired to do any of the acts

14-18  prohibited by this chapter or chapter 463B, 464 or 465 of NRS;

14-19     (b) Knowingly possessed or permitted to remain in or upon any

14-20  licensed premises any cards, dice, mechanical device or any other

14-21  cheating device whatever, the use of which is prohibited by statute

14-22  or ordinance;

14-23     (c) Concealed or refused to disclose any material fact in any

14-24  investigation by the Board;

14-25     (d) Committed, attempted or conspired to commit larceny or

14-26  embezzlement against a gaming licensee or upon the premises of a

14-27  licensed gaming establishment;

14-28     (e) Been convicted in any jurisdiction other than Nevada of any

14-29  offense involving or relating to gambling;

14-30     (f) Accepted employment without prior Commission approval in

14-31  a position for which he could be required to be licensed under this

14-32  chapter after having been denied a license for a reason involving

14-33  personal unsuitability or after failing to apply for licensing when

14-34  requested to do so by the Commission;

14-35     (g) Been refused the issuance of any license, permit or approval

14-36  to engage in or be involved with gaming or pari-mutuel wagering in

14-37  any jurisdiction other than Nevada, or had any such license, permit

14-38  or approval revoked or suspended;

14-39     (h) Been prohibited under color of governmental authority from

14-40  being present upon the premises of any gaming establishment or any

14-41  establishment where pari-mutuel wagering is conducted for any

14-42  reason relating to improper gambling activities or any illegal act;

14-43     (i) Contumaciously defied any legislative investigative

14-44  committee or other officially constituted bodies acting on behalf of

14-45  the United States or any state, county or municipality which seeks to

15-1  investigate crimes relating to gaming, corruption of public officials,

15-2  or any organized criminal activities; or

15-3      (j) Been convicted of any felony or gross misdemeanor, other

15-4  than one constituting a violation of this chapter or chapter 463B,

15-5  464 or 465 of NRS.

15-6      3.  [A work permit must not be issued by any authority in this

15-7  state to a person whose work permit has previously been revoked

15-8  pursuant to this section, or to whom the issuance or renewal of a

15-9  work permit has been denied, except with the unanimous approval

15-10  of the Commission members.

15-11     4.] A gaming employee or independent agent whose [work

15-12  permit] registration as a gaming employee has been revoked

15-13  pursuant to this section is entitled to judicial review of the

15-14  Commission’s action in the manner prescribed by NRS 463.315 to

15-15  463.318, inclusive.

15-16     [5.] 4. Nothing in this section limits or prohibits the

15-17  enforcement of NRS 463.165, 463.560, 463.595, 463.637 or

15-18  463.645.

15-19     Sec. 13.  NRS 463.339 is hereby amended to read as follows:

15-20     463.339  An applicant for licensing, registration, finding of

15-21  suitability[, work permit] or any approval or consent required by

15-22  this chapter or chapter 462 of NRS shall make full and true

15-23  disclosure of all information to the Board, Commission or other

15-24  relevant governmental authority as necessary or appropriate in the

15-25  public interest or as required in order to carry out the policies of this

15-26  state relating to licensing and control of the gaming industry and the

15-27  operation of charitable lotteries.

15-28     Sec. 14.  NRS 463.3403 is hereby amended to read as follows:

15-29     463.3403  Any information obtained by the Board from any

15-30  licensee, his employer or agent relating to the termination of the

15-31  employment of a gaming employee or the services of an

15-32  independent agent is confidential and must not be disclosed except:

15-33     1.  Such information obtained from the former employer of an

15-34  applicant for [a work permit] registration as a gaming employee

15-35  must be disclosed to the applicant to the extent necessary to permit

15-36  him to respond to any suspension or objection made by the Board to

15-37  his application for [the permit;] such registration;

15-38     2.  In the necessary administration of this chapter; or

15-39     3.  Upon the lawful order of a court of competent jurisdiction.

15-40     Sec. 15.  NRS 463.482 is hereby amended to read as follows:

15-41     463.482  As used in NRS 463.160 to 463.170, inclusive,

15-42  463.368, 463.386, 463.482 to 463.645, inclusive, and sections 2, 3

15-43  and 4 of this act, and 463.750, unless the context otherwise

15-44  requires, the words and terms defined in NRS 463.4825 to 463.488,

15-45  inclusive, have the meanings ascribed to them in those sections.

16-1      Sec. 16.  NRS 463.510 is hereby amended to read as follows:

16-2      463.510  1.  The purported sale, assignment, transfer, pledge ,

16-3  exercise of an option to purchase or other disposition of any

16-4  security issued by a corporation, other than a publicly traded

16-5  corporation, which holds a state gaming license [or granting of an

16-6  option to purchase such a security] is void unless approved in

16-7  advance by the Commission.

16-8      2.  If at any time the Commission finds that an individual owner

16-9  of any such security is unsuitable to continue as a gaming licensee

16-10  in this state, the owner shall immediately offer the security to the

16-11  issuing corporation for purchase. The corporation shall purchase the

16-12  security so offered, for cash at fair market value, within 10 days

16-13  after the date of the offer.

16-14     3.  Beginning upon the date when the Commission serves notice

16-15  of a determination of unsuitability pursuant to subsection 2 upon the

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

16-17     (a) To receive any dividend or interest upon any such security;

16-18     (b) To exercise, directly or through any trustee or nominee, any

16-19  voting right conferred by such security; or

16-20     (c) To receive any remuneration in any form from the

16-21  corporation, for services rendered or otherwise.

16-22     4.  Every security issued by a corporation, other than a publicly

16-23  traded corporation, which holds a state gaming license must bear a

16-24  statement, on both sides of the certificate evidencing the security, of

16-25  the restrictions imposed by this section.

16-26     Sec. 17.  NRS 463.567 is hereby amended to read as follows:

16-27     463.567  1.  The purported sale, assignment, transfer, pledge,

16-28  [granting] exercise of an option to purchase, or other disposition of

16-29  any interest in a limited partnership which holds a state gaming

16-30  license is ineffective unless approved in advance by the

16-31  Commission.

16-32     2.  If at any time the Commission finds that an individual owner

16-33  of any such interest is unsuitable to hold that interest, the

16-34  Commission shall immediately notify the limited partnership of that

16-35  fact. The limited partnership shall, within 10 days from the date that

16-36  it receives the notice from the Commission, return to the unsuitable

16-37  owner, in cash, the amount of his capital account as reflected on the

16-38  books of the partnership.

16-39     3.  Beginning on the date when the Commission serves notice

16-40  of a determination of unsuitability pursuant to subsection 2 upon the

16-41  limited partnership, it is unlawful for the unsuitable owner:

16-42     (a) To receive any share of the profits or interest upon any

16-43  limited partnership interest;

16-44     (b) To exercise, directly or through any trustee or nominee, any

16-45  voting right conferred by such interest; or

17-1      (c) To receive any remuneration in any form from the limited

17-2  partnership, for services rendered or otherwise.

17-3      4.  The certificate of limited partnership of any limited

17-4  partnership holding a state gaming license must contain a statement

17-5  of the restrictions imposed by this section.

17-6      Sec. 18.  NRS 463.5733 is hereby amended to read as follows:

17-7      463.5733  1.  The purported sale, assignment, transfer, pledge,

17-8  [granting] exercise of an option to purchase or other disposition of

17-9  any interest in a limited-liability company which holds a state

17-10  gaming license is ineffective unless approved in advance by the

17-11  Commission.

17-12     2.  If at any time the Commission finds that a member is

17-13  unsuitable to hold an interest in a limited-liability company, the

17-14  Commission shall immediately notify the limited-liability company

17-15  of that fact. The limited-liability company shall, within 10 days after

17-16  it receives the notice from the Commission, return to the member, in

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

17-18  the company.

17-19     3.  Except as otherwise provided in subsection 2, beginning on

17-20  the date when the Commission serves notice of a determination of

17-21  unsuitability pursuant to subsection 2 upon the limited-liability

17-22  company, it is unlawful for the unsuitable member:

17-23     (a) To receive any share of the distribution of profits of the

17-24  limited-liability company or any payments upon dissolution of the

17-25  company;

17-26     (b) To exercise any voting right conferred by the member’s

17-27  interest in the limited-liability company;

17-28     (c) To participate in the management of the limited-liability

17-29  company; or

17-30     (d) To receive any remuneration in any form from the limited-

17-31  liability company, for services rendered or otherwise.

17-32     4.  The articles of organization of any limited-liability company

17-33  holding a state gaming license must contain a statement of the

17-34  restrictions imposed by this section.

17-35     Sec. 19.  NRS 463.650 is hereby amended to read as follows:

17-36     463.650  1.  Except as otherwise provided in subsections 2 to

17-37  5, inclusive, it is unlawful for any person, either as owner, lessee or

17-38  employee, whether for hire or not, to operate, carry on, conduct or

17-39  maintain any form of manufacture, selling or distribution of any

17-40  gaming device, cashless wagering system or interactive gaming

17-41  system for use or play in Nevada or for distribution outside of

17-42  Nevada without first procuring and maintaining all required federal,

17-43  state, county and municipal licenses.

18-1      2.  A lessor who specifically acquires equipment for a capital

18-2  lease is not required to be licensed under this section or

18-3  NRS 463.660.

18-4      3.  The holder of a state gaming license or the holding company

18-5  of a corporation, partnership, limited partnership, limited-liability

18-6  company or other business organization holding a license may,

18-7  within 2 years after cessation of business or upon specific approval

18-8  by the Board, dispose of by sale in a manner approved by the Board,

18-9  any or all of its gaming devices, including slot machines, and

18-10  cashless wagering systems, without a distributor’s license. In cases

18-11  of bankruptcy of a state gaming licensee or foreclosure of a lien by a

18-12  bank or other person holding a security interest for which gaming

18-13  devices are security in whole or in part for the lien, the Board may

18-14  authorize the disposition of the gaming devices without requiring a

18-15  distributor’s license.

18-16     4.  The Commission may, by regulation, authorize a person who

18-17  owns [gaming] :

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

18-19  463.160 ; or

18-20     (b) Antique gaming devices,

18-21  to sell such devices without procuring a license therefor[.] to

18-22  residents of jurisdictions wherein ownership of such devices is

18-23  legal.

18-24     5.  Upon approval by the Board, a gaming device owned by:

18-25     (a) A law enforcement agency;

18-26     (b) A court of law; or

18-27     (c) A gaming device repair school licensed by the Commission

18-28  on Postsecondary Education,

18-29  may be disposed of by sale, in a manner approved by the Board,

18-30  without a distributor’s license. An application for approval must be

18-31  submitted to the Board in the manner prescribed by the Chairman.

18-32     6.  Any person whom the Commission determines is a suitable

18-33  person to receive a license under the provisions of this section and

18-34  NRS 463.660 may be issued a manufacturer’s or distributor’s

18-35  license. The burden of proving his qualification to receive or hold a

18-36  license under this section and NRS 463.660 is at all times on the

18-37  applicant or licensee.

18-38     7.  Every person who must be licensed pursuant to this section

18-39  is subject to the provisions of NRS 463.482 to 463.645, inclusive,

18-40  unless exempted from those provisions by the Commission.

18-41     8.  The Commission may exempt, for any purpose, a

18-42  manufacturer, seller or distributor from the provisions of NRS

18-43  463.482 to 463.645, inclusive, if the Commission determines that

18-44  the exemption is consistent with the purposes of this chapter.

18-45     9.  As used in this section[, “holding] :

19-1      (a) “Antique gaming device” means a gaming device that was

19-2  manufactured before 1951.

19-3      (b) “Holding company” has the meaning ascribed to it in

19-4  NRS 463.485.

19-5      Sec. 20.  NRS 179.301 is hereby amended to read as follows:

19-6      179.301  1.  The State Gaming Control Board and Nevada

19-7  Gaming Commission and their employees, agents and

19-8  representatives may inquire into and inspect any records sealed

19-9  pursuant to NRS 179.245 or 179.255, if the event or conviction was

19-10  related to gaming, for purposes of determining the suitability or

19-11  qualifications of any person to hold a state gaming license,

19-12  manufacturer’s, seller’s or distributor’s license or [gaming work

19-13  permit] registration as a gaming employee pursuant to chapter 463

19-14  of NRS. Events and convictions, if any, which are the subject of an

19-15  order sealing records may form the basis for recommendation,

19-16  denial or revocation of those licenses or work permits.

19-17     2.  The Central Repository and its employees may inquire into

19-18  and inspect any records sealed pursuant to NRS 179.245 or 179.255

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

19-20  notify employers of the information in accordance with NRS

19-21  179A.180 to 179A.240, inclusive.

19-22     3.  Records which have been sealed pursuant to NRS 179.245

19-23  or 179.255 and which are retained in the statewide registry

19-24  established pursuant to NRS 179B.200 may be inspected pursuant to

19-25  chapter 179B of NRS by an officer or employee of the Central

19-26  Repository or a law enforcement officer in the regular course of his

19-27  duties.

19-28     Sec. 21.  NRS 646.020 is hereby amended to read as follows:

19-29     646.020  1.  Every pawnbroker doing business in any

19-30  incorporated city or unincorporated town in this state shall maintain

19-31  in his place of business a book or other permanent record in which

19-32  must be legibly written in the English language, at the time of each

19-33  loan or purchase a record thereof containing:

19-34     (a) The date and time of the transaction.

19-35     (b) The name or other identification of the person or employee

19-36  conducting the transaction.

19-37     (c) The name, age, street and house number, the serial number

19-38  of one piece of positive identification [or a work permit issued

19-39  pursuant to NRS 463.335] and a general description of the

19-40  complexion, color of hair and facial appearance of the person with

19-41  whom the transaction is had. In lieu of recording the serial number

19-42  of a piece of positive identification [or a work permit,] , the record

19-43  may contain an indication that the pawnbroker knows the person

19-44  with whom the transaction is had.

20-1      (d) A description of the property received in pledge. In the case

20-2  of watches, the description must contain the name of the maker and

20-3  the number of the works or the case. In the case of jewelry, all

20-4  letters and marks inscribed thereon must be included in the

20-5  description.

20-6      (e) The amount loaned.

20-7      (f) The number of any pawn ticket issued therefor.

20-8      2.  The person with whom a transaction is had shall, at the time

20-9  of the transaction, certify in writing that he has the legal right to

20-10  pledge or sell the property.

20-11     3.  The record and all goods received must at all times during

20-12  the ordinary hours of business be open to the inspection of the

20-13  prosecuting attorney or of any peace officer.

20-14     Sec. 22.  NRS 244.353, 463.0195, and 463.0197 are hereby

20-15  repealed.

20-16     Sec. 23.  Notwithstanding the amendatory provisions of this

20-17  act, a person who holds a valid work permit on October 1, 2003,

20-18  issued before October 1, 2003, shall be deemed to be registered as a

20-19  gaming employee on October 1, 2003, and the registration of such a

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

20-21  the work permit, unless objected to by the Board or suspended or

20-22  revoked. If the work permit of such a person does not set forth an

20-23  expiration date, the registration of such a person shall be deemed to

20-24  expire on the person’s birthday in 2005, unless objected to by the

20-25  Board or suspended or revoked.

20-26     Sec. 24.  1.  This section and section 19 of this act become

20-27  effective upon passage and approval.

20-28     2.  Sections 1, 2, 3, 4 and 15 to 18, inclusive, of this act become

20-29  effective on July 1, 2003.

20-30     3.  Section 6 of this act becomes effective on October 1, 2003.

20-31     4.  Sections 1.3, 1.7, 5, 7 to 14, inclusive, and 20 to 23,

20-32  inclusive, of this act become effective on January 1, 2004.

 

 

20-33  TEXT OF REPEALED SECTIONS

 

20-34     244.353  Revocation or suspension of work permit or

20-35  identification card for licensed gambling establishment: Appeal

20-36  to county commissioners.

20-37     Whenever under the provisions of any law or county ordinance a

20-38  person is required to obtain a work permit or identification card

20-39  from the sheriff or other county officer as a condition of

21-1  employment in a licensed gambling establishment, and such work

21-2  permit or identification card is revoked or suspended by the sheriff

21-3  or other county officer, the person aggrieved may appeal therefrom

21-4  to the board of county commissioners.

21-5      463.0195  “Temporary work permit” defined.

21-6      “Temporary work permit” means a work permit which is valid

21-7  only for a period not to exceed 90 days from its date of issue and is

21-8  not renewable.

21-9      463.0197  “Work permit” defined.

21-10     “Work permit” means any card, certificate or permit issued by

21-11  the Board or by a county or city licensing authority, whether

21-12  denominated as a work permit, registration card or otherwise,

21-13  authorizing the holder to be employed as a gaming employee in this

21-14  state or to serve as an independent agent. A document issued by any

21-15  governmental authority for any employment other than gaming is

21-16  not a valid work permit for the purposes of this chapter.

 

21-17  H