Amendment No. 85

Assembly Amendment to Assembly Bill No. 239 (BDR S-61)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 4, following the enacting clause, to read 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. Any money appropriated by the legislature for the cost of investigating the background of volunteers who work with children, any money remaining in the budget account of the director of the department from fees charged by the central repository for criminal investigations at the end of each fiscal year, and gifts, donations, bequests or other sources of money received by the director of the department pursuant to subsection 4, must be deposited in the account.

4. The director of the department may apply for and accept any gift, donation, bequest, grant or other source of money and any money so received is hereby authorized for expenditure in the same manner as other money in the account to investigate the background of volunteers who work with children.

5. The interest and income earned on the money in the account to investigate the background of volunteers who work with children, after deducting any applicable charges, must be credited to the account. Money in the account remaining 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.

6. 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 with children;

(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.

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.".

Amend the title of the bill to read as follows:

"AN ACT relating to the central repository for Nevada records of criminal history; creating a revolving account 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; 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; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes concerning background checks of certain persons who work or have applied to work directly with children. (BDR 14-61)".