Assembly Bill No. 239–Assemblyman Nolan
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AN ACT relating to volunteers; creating a revolving account to pay the costs of the central
repository to process requests from nonprofit agencies to determine whether a
volunteer who works directly with children has committed a sexual offense;
authorizing state and local governmental agencies to establish forms and procedures
for persons to make donations to the account while they are transacting business
with the governmental agency; providing that the decision by a nonprofit agency not
to use the account must not be considered as evidence of negligence or causation in
a civil action brought against the agency; and providing other matters properly
relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179A of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The revolving account to investigate the background of
volunteers who work with children is hereby created in the state general
fund.
2. The director of the department shall administer the account to
investigate the background of volunteers who work with children. The
money in the account must be expended only to pay the costs of the
central repository to process requests from nonprofit agencies to
determine whether a volunteer of a nonprofit agency who works directly
with children or a prospective volunteer of the nonprofit agency who will
work directly with children has committed a sexual offense. The
existence of the account to investigate the background of volunteers who
work with children does not create a right in any person to receive money
from the account.
3. The director of the department may apply for and accept any gift,
donation, bequest, grant or other source of money. Any money so
received must be deposited in the account to investigate the background
of volunteers who work with children.
4. The interest and income earned on money in the account from any
gift, donation, or bequest, after deducting any applicable charges, must
be credited to the account. Money from any gift, donation, or bequest
that remains in the account at the end of the fiscal year does not revert to
the state general fund, and the balance in the account must be carried
forward to the next fiscal year.
5. The director of the department shall adopt regulations to carry out
the provisions of this section. The regulations must include, without
limitation:
(a) The procedure by which a person may apply for a grant of money
from the account to investigate the background of volunteers who work
(b) The criteria that the department will consider in determining
whether to award such a grant of money from the account; and
(c) Procedures to distribute the money in the account in a fair and
equitable manner.
6. The following facts must not be considered as evidence of
negligence or causation in any civil action brought against a nonprofit
agency:
(a) The fact that the nonprofit agency did not apply for a grant of
money from the account.
(b) The fact that the nonprofit agency did not request that the central
repository, through the use of the account, determine whether a
volunteer or prospective volunteer of the nonprofit agency has committed
a sexual offense.
Sec. 3.
A state or local governmental agency:1. May establish forms and procedures for a person to donate money
to the account to investigate the background of volunteers who work with
children while the person is transacting business with the state or local
governmental agency; and
2. Shall deposit any money received for the account to investigate the
background of volunteers who work with children with the state treasurer
for credit to the account.
Sec. 4. This act becomes effective upon passage and approval.
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