Assembly Bill No. 239–Assemblyman Nolan

February 15, 1999

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Referred to Concurrent Committees on Judiciary
and Ways and Means

 

SUMMARY—Makes various changes concerning background checks of volunteers. (BDR 14-61)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.

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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).

 

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:

1-1 Section 1. Chapter 179A of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. The revolving account to investigate the background of

1-4 volunteers who work with children is hereby created in the state general

1-5 fund.

1-6 2. The director of the department shall administer the account to

1-7 investigate the background of volunteers who work with children. The

1-8 money in the account must be expended only to pay the costs of the

1-9 central repository to process requests from nonprofit agencies to

1-10 determine whether a volunteer of a nonprofit agency who works directly

1-11 with children or a prospective volunteer of the nonprofit agency who will

1-12 work directly with children has committed a sexual offense. The

2-1 existence of the account to investigate the background of volunteers who

2-2 work with children does not create a right in any person to receive money

2-3 from the account.

2-4 3. The director of the department may apply for and accept any gift,

2-5 donation, bequest, grant or other source of money. Any money so

2-6 received must be deposited in the account to investigate the background

2-7 of volunteers who work with children.

2-8 4. The interest and income earned on money in the account from any

2-9 gift, donation, or bequest, after deducting any applicable charges, must

2-10 be credited to the account. Money from any gift, donation, or bequest

2-11 that remains in the account at the end of the fiscal year does not revert to

2-12 the state general fund, and the balance in the account must be carried

2-13 forward to the next fiscal year.

2-14 5. The director of the department shall adopt regulations to carry out

2-15 the provisions of this section. The regulations must include, without

2-16 limitation:

2-17 (a) The procedure by which a person may apply for a grant of money

2-18 from the account to investigate the background of volunteers who work

2-19 with children;

2-20 (b) The criteria that the department will consider in determining

2-21 whether to award such a grant of money from the account; and

2-22 (c) Procedures to distribute the money in the account in a fair and

2-23 equitable manner.

2-24 6. The following facts must not be considered as evidence of

2-25 negligence or causation in any civil action brought against a nonprofit

2-26 agency:

2-27 (a) The fact that the nonprofit agency did not apply for a grant of

2-28 money from the account.

2-29 (b) The fact that the nonprofit agency did not request that the central

2-30 repository, through the use of the account, determine whether a

2-31 volunteer or prospective volunteer of the nonprofit agency has committed

2-32 a sexual offense.

2-33 Sec. 3. A state or local governmental agency:

2-34 1. May establish forms and procedures for a person to donate money

2-35 to the account to investigate the background of volunteers who work with

2-36 children while the person is transacting business with the state or local

2-37 governmental agency; and

2-38 2. Shall deposit any money received for the account to investigate the

2-39 background of volunteers who work with children with the state treasurer

2-40 for credit to the account.

2-41 Sec. 4. This act becomes effective upon passage and approval.

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