Senate Amendment to Senate Bill No. 327 (BDR 14-1244)
Proposed by: Committee on Judiciary
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting section 1, renumbering sec. 2 as sec. 6, and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
"Authorized agent" means a person who is:
1. Subject to compliance with the provisions of the Fair Credit Reporting Act, 15 U.S.C.
§§ 1681 et seq.;2. Authorized by an employer to disseminate information to the employer to be used in making a decision to hire, retain, suspend or discharge an employee, a prospective employee, a volunteer or a prospective volunteer; and
3. Acting on behalf of the employer who authorized him to disseminate information to the employer to be used in making a decision to hire, retain, suspend or discharge an employee, a prospective employee, a volunteer or a prospective volunteer.
Sec. 2.
NRS 179A.010 is hereby amended to read as follows:Sec. 3. NRS 179A.100 is hereby amended to read as follows:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice shall disseminate to a prospective employer, or his authorized agent, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. The central repository shall disseminate to a prospective or current employer, or his authorized agent, upon request, information relating to sexual offenses concerning an employee, a prospective employee, a volunteer or a prospective volunteer who gives his written consent to the release of that information.
5. Records of criminal history must be disseminated by an agency of criminal justice , upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The state gaming control board.
(d) The state board of nursing.
(e) The private investigator’s licensing board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the public utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(m) Prospective employers , or their authorized agents, if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.
(p) The welfare division of the department of human resources or its designated representative.
(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Title IV of the Social Security Act , [(] 42 U.S.C. §§ 651 et seq. [).]
(r) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety during a state of emergency proclaimed pursuant to NRS 414.070.
6. Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 4. NRS 179A.110 is hereby amended to read as follows:
1. Except as otherwise provided in this section, a
person who receives information relating to sexual offenses or other records of criminal history pursuant to this chapter may not disseminate2. An authorized agent may disseminate information relating to sexual offenses or other records of criminal history to the employer on whose behalf the authorized agent obtained the information relating to sexual offenses or other records of criminal history.
3.
This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.Sec. 5. NRS 179A.130 is hereby amended to read as follows:
1. Each agency of criminal justice2. An authorized agent who disseminates information relating to sexual offenses or other records of criminal history to the employer on whose behalf the authorized agent obtained the information relating to sexual offenses or other records of criminal history shall maintain a log of each dissemination of information relating to sexual offenses or other records of criminal history.
3. A
log required by subsection 1 or 2 must be maintained for at least 1 year after the information
3.] relating to sexual offenses or other records of criminal history were provided;
(c) The name of the person who is the subject of the information [; and
4.] relating to sexual offenses or other records of criminal history; and
(d) A brief description of the information relating to sexual offenses or other records of criminal history that were provided.".
Amend the title of the bill, second line, after "employer;" by inserting:
"enacting provisions governing the dissemination of such records by an authorized agent;".