EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

WHEREAS, Entertainers for entertainment by referral services provide

2-1 Section 1. NRS 201.354 is hereby amended to read as follows:

2-2 201.354 1. It is unlawful for any person to engage in prostitution or

2-8 cannot be proved at the time of trial.

2-9 Sec. 2. NRS 201.358 is hereby amended to read as follows:

2-10 201.358 1. A person who:

2-26 (b) Notice received pursuant to NRS 201.356.

2-27 Sec. 3. Chapter 176 of NRS is hereby amended by adding thereto the

2-28 provisions set forth as sections 4 to 9, inclusive, of this act.

2-29 Sec. 4. As used in sections 4 to 9, inclusive, of this act, unless the

2-30 context otherwise requires, the words and terms defined in sections 5, 6

2-31 and 7 of this act, have the meanings ascribed to them in those sections.

2-32 Sec. 5. "Entertainer" has the meaning ascribed to it in section 13 of

2-33 this act.

2-34 Sec. 6. "Entertainment by referral service" has the meaning

2-35 ascribed to it in section 14 of this act.

2-36 Sec. 7. "Operator" has the meaning ascribed to it in section 15 of

2-37 this act.

2-38 Sec. 8. Upon the conviction of a person for a violation of NRS

2-39 201.354 or 201.358:

3-1 1. The court shall order the person so convicted to inform the law

3-2 enforcement agency that arrested the person for the offense of any

3-3 license board of a county and governing body of a city that has licensed

3-4 or otherwise authorized the person to practice as an entertainer and of

3-5 any operator who employs the person as an entertainer; and

3-6 2. The law enforcement agency that arrested the person for the

3-7 offense shall give written notice of the conviction to:

3-8 (a) Each license board or governing body and operator, if any, whose

3-9 name is provided to the law enforcement agency pursuant to paragraph

3-10 (a); and

3-11 (b) The license board of the county or governing body of the city, if

3-12 any, that licenses or otherwise authorizes persons to practice as

3-13 entertainers in the county or city where the offense occurred and where

3-14 the person convicted resides.

3-15 Sec. 9. Upon the conviction of an operator for a violation of section

3-16 16, 18, 19, 27, 29 or 30 of this act:

3-17 1. The court shall order the person so convicted to inform the law

3-18 enforcement agency that arrested the person for the offense of any

3-19 license board of a county and governing body of a city that has licensed

3-20 or otherwise authorized the person to operate an entertainment by

3-21 referral service; and

3-22 2. The law enforcement agency that arrested the person for the

3-23 offense shall give written notice of the conviction to:

3-24 (a) Each license board or governing body, if any, whose name is

3-25 provided to the law enforcement agency pursuant to subsection 1; and

3-26 (b) The license board of the county or governing body of the city, if

3-27 any, that licenses or otherwise authorizes operators to operate an

3-28 entertainment by referral service in the county or city where the

3-29 entertainment by referral service is located.

3-30 Sec. 10. NRS 179A.075 is hereby amended to read as follows:

3-31 179A.075 1. The central repository for Nevada records of criminal

3-43 and any information in its possession relating to the genetic markers of the

4-1 blood and the secretor status of the saliva of a person who is convicted of

4-2 sexual assault or any other sexual offense, to the division in the manner

4-3 prescribed by the director of the department. A report of disposition must

4-4 be submitted to the division:

4-5 (a) Through an electronic network;

4-6 (b) On a medium of magnetic storage; or

4-7 (c) In the manner prescribed by the director of the department,

4-8 within 30 days after the date of disposition. If an agency has submitted a

4-9 record regarding the arrest of a person who is later determined by the

4-10 agency not to be the person who committed the particular crime, the

4-11 agency shall, immediately upon making that determination, so notify the

4-12 division. The division shall delete all references in the central repository

4-13 relating to that particular arrest.

4-14 4. The division shall:

4-15 (a) Collect, maintain and arrange all information submitted to it relating

4-16 to:

4-17 (1) Sexual offenses and other records of criminal history; and

4-18 (2) The genetic markers of the blood and the secretor status of the

4-19 saliva of a person who is convicted of sexual assault or any other sexual

4-20 offense.

4-21 (b) Use a record of the subject’s fingerprints as the basis for any records

4-22 maintained regarding him.

4-23 (c) Upon request during a state of emergency proclaimed pursuant to

4-24 NRS 414.070, provide the information that is contained in the central

4-25 repository to the state disaster identification team of the division of

4-26 emergency management of the department of motor vehicles and public

4-27 safety.

4-28 5. The division may:

4-29 (a) Disseminate any information which is contained in the central

4-30 repository to any other agency of criminal justice;

4-31 (b) Enter into cooperative agreements with federal and state repositories

4-32 to facilitate exchanges of such information; and

4-33 (c) Request of and receive from the Federal Bureau of Investigation

4-34 information on the background and personal history of any person:

4-35 (1) Who has applied to any agency of the [state] State of Nevada or

4-36 any political subdivision for a license which it has the power to grant or

4-37 deny;

4-38 (2) With whom any agency of the [state] State of Nevada or any

4-39 political subdivision intends to enter into a relationship of employment or a

4-40 contract for personal services;

5-1 (3) About whom any agency of the [state] State of Nevada or any

5-2 political subdivision has a legitimate need to have accurate personal

5-3 information for the protection of the agency or the persons within its

5-4 jurisdiction; or

5-5 (4) For whom such information is required to be obtained pursuant to

5-6 NRS 449.179 [.] or section 16 or 27 of this act.

5-7 6. The central repository shall:

5-8 (a) Collect and maintain records, reports and compilations of statistical

5-9 data submitted by any agency pursuant to subsection 2.

5-10 (b) Tabulate and analyze all records, reports and compilations of

5-11 statistical data received pursuant to this section.

5-12 (c) Disseminate to federal agencies engaged in the collection of

5-13 statistical data relating to crime information which is contained in the

5-14 central repository.

5-15 (d) Investigate the criminal history of any person who:

5-16 (1) Has applied to the superintendent of public instruction for a

5-17 license;

5-18 (2) Has applied to a county school district for employment; or

5-19 (3) Is employed by a county school district,

5-20 and notify the superintendent of each county school district and the

5-21 superintendent of public instruction if the investigation of the central

5-22 repository indicates that the person has been convicted of a violation of

5-23 NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

5-24 felony or any offense involving moral turpitude.

5-25 (e) Upon discovery, notify the superintendent of each county school

5-26 district by providing him with a list of all persons:

5-27 (1) Investigated pursuant to paragraph (d); or

5-28 (2) Employed by a county school district whose fingerprints were

5-29 sent previously to the central repository for investigation,

5-30 who the central repository’s records indicate have been convicted of a

5-31 violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or

5-32 convicted of a felony or any offense involving moral turpitude since the

5-33 central repository’s initial investigation. The superintendent of each county

5-34 school district shall determine whether further investigation or action by

5-35 the district is appropriate.

5-36 (f) Investigate the criminal history of each person who submits

5-37 fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or

5-38 449.179 [.] or section 16 or 27 of this act.

5-39 (g) On or before July 1 of each year, prepare and present to the

5-40 governor a printed annual report containing the statistical data relating to

5-41 crime received during the preceding calendar year. Additional reports may

5-42 be

6-1 presented to the governor throughout the year regarding specific areas of

6-2 crime if they are recommended by the advisory committee and approved

6-3 by the director of the department.

6-4 (h) On or before January 31 of each odd-numbered year, prepare and

6-5 submit to the director of the legislative counsel bureau, for submission to

6-6 the legislature, a report containing statistical data about domestic violence

6-7 in this state.

6-8 (i) Identify and review the collection and processing of statistical data

6-9 relating to criminal justice and delinquency of children by any agency

6-10 identified in subsection 2, and make recommendations for any necessary

6-11 changes in the manner of collecting and processing statistical data by any

6-12 such agency.

6-13 7. The central repository may:

6-14 (a) At the recommendation of the advisory committee and in the

6-15 manner prescribed by the director of the department, disseminate

6-16 compilations of statistical data and publish statistical reports relating to

6-17 crime or delinquency of children.

6-18 (b) Charge a reasonable fee for any publication or special report it

6-19 distributes relating to data collected pursuant to this section. The central

6-20 repository may not collect such a fee from an agency of criminal justice,

6-21 any other agency dealing with crime or delinquency of children which is

6-22 required to submit information pursuant to subsection 2 or the state disaster

6-23 identification team of the division of emergency management of the

6-24 department of motor vehicles and public safety. All money collected

6-25 pursuant to this paragraph must be used to pay for the cost of operating the

6-26 central repository.

6-27 8. As used in this section, "advisory committee" means the committee

6-28 established by the director of the department pursuant to NRS 179A.078.

6-29 Sec. 11. Chapter 244 of NRS is hereby amended by adding thereto the

6-30 provisions set forth as sections 12 to 20, inclusive, of this act.

6-31 Sec. 12. As used in sections 12 to 20, inclusive, of this act, unless the

6-32 context otherwise requires, the words and terms defined in sections 13,

6-33 14 and 15 of this act have the meanings ascribed to them in those

6-34 sections.

6-35 Sec. 13. "Entertainer" means a natural person employed by an

6-36 entertainment by referral service as an employee or independent

6-37 contractor to provide entertainment for the service.

6-38 Sec. 14. "Entertainment by referral service" means a business that

6-39 sends or refers an entertainer to a hotel or motel room, home or other

6-40 accommodation for a fee in response to a request for the purpose of

6-41 entertaining the person located in the hotel or motel room, home or other

6-42 accommodation.

7-1 Sec. 15. "Operator" means a person licensed to operate an

7-2 entertainment by referral service.

7-3 Sec. 16. 1. Except as otherwise provided in subsection 4, within 10

7-4 days after hiring an entertainer, an operator shall:

7-5 (a) Obtain a written statement from the entertainer stating whether he

7-6 has ever been convicted of a violation of NRS 201.354 or 201.358 or an

7-7 offense committed in another jurisdiction that, if committed in this state,

7-8 would be a violation of NRS 201.354 or 201.358;

7-9 (b) Obtain from the entertainer two sets of fingerprints and a written

7-10 authorization to forward the fingerprints to the central repository for

7-11 Nevada records of criminal history for submission to the Federal Bureau

7-12 of Investigation for its report; and

7-13 (c) Submit to the central repository for Nevada records of criminal

7-14 history the fingerprints obtained pursuant to paragraph (b).

7-15 2. The central repository for Nevada records of criminal history shall

7-16 determine whether the entertainer has been convicted of a violation of

7-17 NRS 201.354 or 201.358 or an offense committed in another jurisdiction

7-18 that, if committed in this state, would be a violation of NRS 201.354 or

7-19 201.358, and shall immediately provide the results of its determination

7-20 to:

7-21 (a) The operator;

7-22 (b) If the entertainment by referral service is in a county whose

7-23 population is less than 400,000, the sheriff of the county; and

7-24 (c) If the entertainment by referral service is in a county whose

7-25 population is 400,000 or more, the metropolitan police department.

7-26 3. The central repository for Nevada records of criminal history may

7-27 impose a fee upon an operator who submits fingerprints pursuant to this

7-28 section for the reasonable cost of the investigation. The operator may

7-29 recover from the entertainer not more than one-half of the fee imposed

7-30 by the central repository. If the operator requires the entertainer to pay

7-31 for any part of the fee imposed by the central repository, the operator

7-32 shall permit the entertainer to pay the amount through periodic

7-33 payments.

7-34 4. The provisions of this section do not apply to an entertainer who,

7-35 within the immediately preceding 30 days, submitted the information

7-36 required pursuant to subsection 1 to his previous employer and who has

7-37 requested the previous employer to transmit the information to his

7-38 current employer. Upon such a request by the entertainer, the previous

7-39 employer shall transmit the information to the current employer of the

7-40 entertainer.

7-41 Sec. 17. 1. Each operator shall maintain accurate records of the

7-42 information concerning his entertainers that is collected pursuant to

7-43 section 16 of this act, and shall maintain a copy of the fingerprints

8-1 submitted to the central repository for Nevada records of criminal history

8-2 and proof that he submitted two sets of fingerprints to the central

8-3 repository for its report. These records must be made available for

8-4 inspection by the license board of the county that licensed the operator at

8-5 any reasonable time and copies thereof must be furnished to the license

8-6 board upon request.

8-7 2. Upon request of a law enforcement agency, an operator shall

8-8 inform the law enforcement agency of the date that the operator hired a

8-9 specific entertainer.

8-10 Sec. 18. 1. Except as otherwise provided in section 19 of this act,

8-38 negligent or unlawful.

8-39 Sec. 19. Upon receiving notification pursuant to section 8 of this act

8-40 that an entertainer employed by the operator has been convicted of

8-41 violating NRS 201.354 or 201.358, the operator shall terminate the

8-42 employment of the entertainer.

9-1 Sec. 20. An operator who violates the provisions of section 16, 18 or

9-2 19 of this act is guilty of:

9-3 1. For the first offense within the immediately preceding 5 years, a

9-4 misdemeanor;

9-5 2. For the second offense within the immediately preceding 5 years,

9-6 a gross misdemeanor; and

9-7 3. For the third or subsequent offense within the immediately

9-8 preceding 5 years, a category E felony and shall be punished as provided

9-9 in NRS 193.130.

9-10 Sec. 21. NRS 244.345 is hereby amended to read as follows:

9-11 244.345 1. Every natural person wishing to be employed as an

10-1 3. The license board may, without further compensation to the board

10-2 or its clerk:

10-3 (a) Fix, impose and collect license fees upon the employment and

10-4 businesses mentioned in this section.

10-5 (b) [Grant] Except as otherwise provided in subsection 4, grant or ,

10-6 after providing notice and a hearing, deny applications for licenses and

10-7 impose conditions, limitations and restrictions upon the licensee [.] ,

10-8 including, without limitation, denying an application for the issuance or

10-9 renewal of a license to operate an entertainment referral service to an

10-10 applicant who has violated the provisions of section 17 of this act or has

10-11 been convicted of violating section 16, 18 or 19 of this act.

10-12 (c) Adopt, amend and repeal regulations relating to licenses and

10-13 licensees.

10-14 (d) [Restrict,] Except as otherwise provided in subsection 4 and this

10-15 paragraph, after providing notice and a hearing, restrict, revoke or

10-16 suspend licenses for cause [after hearing.] , including, without limitation,

10-17 restricting, revoking or suspending a license to operate an entertainment

10-18 by referral service of a licensee who has violated the provisions of section

10-19 17 of this act or has been convicted of violating the provisions of section

10-20 16, 18 or 19 of this act. In an emergency , the board may issue an order for

10-21 immediate suspension or limitation of a license, but the order must state

10-22 the reason for suspension or limitation and afford the licensee a hearing.

10-23 4. After providing notice and a hearing to an applicant to obtain or

10-24 renew a license to practice as an entertainer or to a person licensed to

10-25 practice as an entertainer, the license board shall deny the application of

10-26 the applicant and shall revoke the license of the licensee to practice as an

10-27 entertainer if the applicant or licensee has been convicted of a violation

10-28 of NRS 201.354 or 201.358 or an offense committed in another

10-29 jurisdiction that, if committed in this state, would be a violation of NRS

10-30 201.354 or 201.358.

10-31 5. The license board shall hold a hearing before adopting proposed

10-32 regulations, before adopting amendments to regulations, and before

10-33 repealing regulations relating to the control or the licensing of the

10-34 employment or businesses mentioned in this section. Notice of the hearing

10-35 must be published in a newspaper published and having general circulation

10-36 in the county at least once a week for 2 weeks before the hearing.

10-37 [5.] 6. Upon adoption of new regulations the board shall designate

10-38 their effective date, which may not be earlier than 15 days after their

10-39 adoption. Immediately after adoption a copy of any new regulations must

10-40 be available for public inspection during regular business hours at the

10-41 office of the county clerk.

11-1 [6.] 7. A majority vote of the members of the license board present

11-2 governs in the transaction of all business. A majority of the members

11-3 constitutes a quorum for the transaction of business.

11-4 [7.] 8. Any natural person, firm, association of persons or corporation

11-5 who engages in the employment of any of the businesses mentioned in this

11-6 section without first having obtained the license and paid the license fee as

11-7 provided in this section is guilty of a misdemeanor.

11-8 [8.] 9. In a county whose population is 400,000 or more, the license

11-9 board shall not grant any license to a petitioner for the purpose of

11-10 operating a house of ill fame or repute or any other business employing

11-11 any person for the purpose of prostitution.

11-12 [9. As used in this section:

11-13 (a) "Entertainer for an entertainment by referral service" means a

11-14 natural person who is sent or referred for a fee to a hotel or motel room,

11-15 home or other accommodation by an entertainment by referral service for

11-16 the purpose of entertaining the person located in the hotel or motel room,

11-17 home or other accommodation.

11-18 (b) "Entertainment by referral service" means a person or group of

11-19 persons who send or refer another person to a hotel or motel room, home

11-20 or other accommodation for a fee in response to a telephone or other

11-21 request for the purpose of entertaining the person located in the hotel or

11-22 motel room, home or other accommodation.]

11-23 Sec. 22. Chapter 268 of NRS is hereby amended by adding thereto the

11-24 provisions set forth as sections 23 to 31, inclusive, of this act.

11-25 Sec. 23. As used in sections 23 to 31, inclusive, of this act, unless the

11-26 context otherwise requires, the words and terms defined in sections 24,

11-27 25 and 26 of this act have the meanings ascribed to them in those

11-28 sections.

11-29 Sec. 24. "Entertainer" means a natural person employed by an

11-30 entertainment by referral service as an employee or independent

11-31 contractor to provide entertainment for the service.

11-32 Sec. 25. "Entertainment by referral service" means a business that

11-33 sends or refers an entertainer to a hotel or motel room, home or other

11-34 accommodation for a fee in response to a request for the purpose of

11-35 entertaining the person located in the hotel or motel room, home or other

11-36 accommodation.

11-37 Sec. 26. "Operator" means a person licensed or otherwise

11-38 authorized to operate an entertainment by referral service.

11-39 Sec. 27. 1. Except as otherwise provided in subsection 4, within 10

11-40 days after hiring a person to perform as an entertainer, an operator

11-41 shall:

12-1 (a) Obtain a written statement from the entertainer stating whether he

12-2 has ever been convicted of a violation of NRS 201.354 or 201.358 or an

12-3 offense committed in another jurisdiction that, if committed in this state,

12-4 would be a violation of NRS 201.354 or 201.358;

12-5 (b) Obtain from the entertainer two sets of fingerprints and a written

12-6 authorization to forward the fingerprints to the central repository for

12-7 Nevada records of criminal history for submission to the Federal Bureau

12-8 of Investigation for its report; and

12-9 (c) Submit to the central repository for Nevada records of criminal

12-10 history the fingerprints obtained pursuant to paragraph (b).

12-11 2. The central repository for Nevada records of criminal history shall

12-12 determine whether the entertainer has been convicted of a violation of

12-13 NRS 201.354 or 201.358, or an offense committed in another jurisdiction

12-14 that, if committed in this state, would be a violation of NRS 201.354 or

12-15 201.358 and shall immediately provide the results of its determination to:

12-16 (a) The operator; and

12-17 (b) The police department or other law enforcement agency of the city.

12-18 3. The central repository for Nevada records of criminal history may

12-19 impose a fee upon an operator who submits fingerprints pursuant to this

12-20 section for the reasonable cost of the investigation. The operator may

12-21 recover from the entertainer not more than one-half of the fee imposed

12-22 by the central repository. If the operator requires the entertainer to pay

12-23 for any part of the fee imposed by the central repository, the operator

12-24 shall allow the entertainer to pay the amount through periodic payments.

12-25 4. The provisions of this section do not apply to an entertainer who,

12-26 within the immediately preceding 30 days, submitted the information

12-27 required pursuant to subsection 1 to his previous employer and who has

12-28 requested the previous employer to transmit the information to his

12-29 current employer. Upon such a request by the entertainer, the previous

12-30 employer shall transmit the information to the current employer of the

12-31 entertainer.

12-32 Sec. 28. 1. Each operator shall maintain accurate records of the

12-33 information concerning his entertainers that is collected pursuant to

12-34 section 27 of this act, and shall maintain a copy of the fingerprints

12-35 submitted to the central repository for Nevada records of criminal history

12-36 and proof that he submitted two sets of fingerprints to the central

12-37 repository for its report. These records must be made available for

12-38 inspection at any reasonable time by the governing body of the city that

12-39 licensed or otherwise authorized the operator to operate an entertainment

12-40 by referral service and copies thereof must be furnished to the governing

12-41 body upon request.

13-1 2. Upon request of a law enforcement agency, an operator shall

13-2 inform the law enforcement agency of the date that the operator hired a

13-3 specific entertainer.

13-4 Sec. 29. 1. Except as otherwise provided in section 30 of this act,

13-5 upon receiving information from the central repository for Nevada

13-6 records of criminal history pursuant to section 27 of this act, or evidence

13-7 from any other reliable source, that a person employed as an entertainer

13-8 by an operator has been convicted of a violation of NRS 201.354 or

13-9 201.358 or an offense committed in another jurisdiction that, if

13-10 committed in this state, would be a violation of NRS 201.354 or 201.358,

13-11 the operator shall:

13-12 (a) Terminate the employment of that entertainer after allowing him

13-13 time to correct the information as required pursuant to subsection 2; and

13-14 (b) Inform the governing body of the city that licensed or otherwise

13-15 authorized the entertainer to practice as an entertainer.

13-16 2. If the entertainer believes that the information provided by the

13-17 central repository is incorrect, he may immediately inform the operator.

13-18 An operator who is so informed shall give the entertainer a reasonable

13-19 amount of time of not less than 20 days and not more than 30 days to

13-20 correct the information received from the central repository before

13-21 terminating the employment of the entertainer pursuant to subsection 1.

13-22 3. An operator who has complied with section 27 of this act may not

13-23 be held liable based solely upon the ground that the operator allowed the

13-24 person to work as an entertainer:

13-25 (a) Before he received the information concerning the entertainer

13-26 from the central repository;

13-27 (b) During any period required pursuant to subsection 2 to allow the

13-28 entertainer to correct such information; or

13-29 (c) Based on the information received from the central repository, if

13-30 the information received from the central repository is inaccurate.

13-31 An operator may be held liable for any other conduct determined to be

13-32 negligent or unlawful.

13-33 Sec. 30. Upon receiving notification pursuant to section 8 of this act

13-34 that an entertainer employed by the operator has been convicted of

13-35 violating NRS 201.354 or 201.358, the operator shall terminate the

13-36 employment of the entertainer.

13-37 Sec. 31. An operator who violates the provisions of section 27, 29 or

13-38 30 of this act is guilty of:

13-39 1. For the first offense within the immediately preceding 5 years, a

13-40 misdemeanor;

13-41 2. For the second offense within the immediately preceding 5 years,

13-42 a gross misdemeanor; and

14-1 3. For the third or subsequent offense within the immediately

14-2 preceding 5 years, a category E felony and shall be punished as provided

14-3 in NRS 193.130.

14-4 Sec. 32. Each person employed as an entertainer by an operator of an

14-5 entertainment by referral service before October 1, 1999, shall provide the

14-6 operator with two complete sets of fingerprints on or before November 1,

14-7 1999.

14-8 Sec. 33. The amendatory provisions of sections 1, 2, 20 and 31 of this

14-9 act do not apply to any offenses that were committed before October 1,

14-10 1999.