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).

1-1 Section 1. Chapter 239B of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 1. Upon the request of a law enforcement agency, an employer shall

1-4 provide to the law enforcement agency information regarding a current

1-5 or former employee of the employer who is an applicant for the position

1-6 of peace officer with the law enforcement agency. A request for

1-7 information by a law enforcement agency pursuant to this subsection

1-8 must be:

1-9 (a) In writing;

2-1 (b) Accompanied by an authorization signed by the applicant and

2-2 notarized by a notary public or judicial officer in which the applicant

2-3 consents to the release of the information; and

2-4 (c) Presented to the employer by a sworn officer or other authorized

2-5 representative of the law enforcement agency.

2-6 2. The information that a law enforcement agency may request

2-7 pursuant to subsection 1 includes, without limitation:

2-8 (a) The date on which the applicant began his employment and, if

2-9 applicable, the date on which the employment of the applicant was

2-10 terminated;

2-11 (b) A list of the compensation that the employer provided to the

2-12 applicant during the course of the employment;

2-13 (c) An application for a position of employment that the applicant

2-14 submitted to the employer;

2-15 (d) A written evaluation of the performance of the applicant;

2-16 (e) A record of the attendance of the applicant;

2-17 (f) A record of disciplinary action taken against the applicant;

2-18 (g) A statement regarding whether the employer would rehire the

2-19 applicant and, if the employer would not rehire the applicant, the reasons

2-20 therefor; and

2-21 (h) If applicable, a record setting forth the reason that the

2-22 employment of the applicant was terminated and whether the termination

2-23 was voluntary or involuntary.

2-24 3. An employer shall not provide information pursuant to subsection

2-25 1 if the disclosure of the information is prohibited pursuant to a federal

2-26 or state statute or regulation.

2-27 4. A law enforcement agency may use the information that it receives

2-28 pursuant to this section only to determine the suitability of an applicant

2-29 for employment as a peace officer.

2-30 5. If an employer refuses to provide information to a law

2-31 enforcement agency pursuant to this section, the law enforcement agency

2-32 may bring an action in a court of competent jurisdiction to compel the

2-33 employer to provide the information.

2-34 6. Except as otherwise provided in this subsection, a law enforcement

2-35 agency shall maintain the confidentiality of information that it receives

2-36 pursuant to this section. A law enforcement agency may share

2-37 information regarding an applicant that it receives pursuant to this

2-38 section with another law enforcement agency if:

2-39 (a) The applicant is also an applicant for a position as a peace officer

2-40 with the other law enforcement agency; and

2-41 (b) The confidentiality of the information is otherwise maintained.

2-42 7. As used in this section:

2-43 (a) "Employer" includes a public employer and a private employer.

3-1 (b) "Law enforcement agency" has the meaning ascribed to it in NRS

3-2 277.035.

3-3 (c) "Peace officer" has the meaning ascribed to it in NRS 289.010.

3-4 Sec. 2. NRS 41.755 is hereby amended to read as follows:

3-5 41.755 1. Except as otherwise provided in subsection [2,] 3, an

3-34 authorized by the employer to disclose information regarding an employee.

3-35 Sec. 3. This act becomes effective upon passage and approval.