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
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 thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. The revolving account to investigate the background of1-4
volunteers who work with children is hereby created in the state general1-5
fund.1-6
2. The director of the department shall administer the account to1-7
investigate the background of volunteers who work with children. The1-8
money in the account must be expended only to pay the costs of the1-9
central repository to process requests from nonprofit agencies to1-10
determine whether a volunteer of a nonprofit agency who works directly1-11
with children or a prospective volunteer of the nonprofit agency who will1-12
work directly with children has committed a sexual offense. The2-1
existence of the account to investigate the background of volunteers who2-2
work with children does not create a right in any person to receive money2-3
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 so2-6
received must be deposited in the account to investigate the background2-7
of volunteers who work with children.2-8
4. The interest and income earned on money in the account from any2-9
gift, donation, or bequest, after deducting any applicable charges, must2-10
be credited to the account. Money from any gift, donation, or bequest2-11
that remains in the account at the end of the fiscal year does not revert to2-12
the state general fund, and the balance in the account must be carried2-13
forward to the next fiscal year.2-14
5. The director of the department shall adopt regulations to carry out2-15
the provisions of this section. The regulations must include, without2-16
limitation:2-17
(a) The procedure by which a person may apply for a grant of money2-18
from the account to investigate the background of volunteers who work2-19
with children;2-20
(b) The criteria that the department will consider in determining2-21
whether to award such a grant of money from the account; and2-22
(c) Procedures to distribute the money in the account in a fair and2-23
equitable manner.2-24
6. The following facts must not be considered as evidence of2-25
negligence or causation in any civil action brought against a nonprofit2-26
agency:2-27
(a) The fact that the nonprofit agency did not apply for a grant of2-28
money from the account.2-29
(b) The fact that the nonprofit agency did not request that the central2-30
repository, through the use of the account, determine whether a2-31
volunteer or prospective volunteer of the nonprofit agency has committed2-32
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 money2-35
to the account to investigate the background of volunteers who work with2-36
children while the person is transacting business with the state or local2-37
governmental agency; and2-38
2. Shall deposit any money received for the account to investigate the2-39
background of volunteers who work with children with the state treasurer2-40
for credit to the account.2-41
Sec. 4. This act becomes effective upon passage and approval.~