Senate Bill No. 178–Committee on Commerce and Labor

(On Behalf of Attorney General)

February 12, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for regulation of employment screeners and tenant screeners. (BDR 54-313)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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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 professional occupations; requiring employment screeners and tenant screeners to be licensed by the private investigator’s licensing board; prescribing the requirements for the licensure of employment screeners and tenant screeners; providing a penalty; 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 648 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3, and 4 of this act.

1-3 Sec. 2. "Employment screener" means a person who for

1-4 consideration verifies or attempts to verify for an employer the

1-5 information included in an application for employment.

1-6 Sec. 3. "Tenant screener" means a person who for consideration

1-7 verifies or attempts to verify for a landlord or property manager the

1-8 information included in an application for a tenancy.

1-9 Sec. 4. An employment screener or a tenant screener shall not:

1-10 1. Obtain or attempt to obtain information for an employer, landlord

1-11 or property manager by:

1-12 (a) The surveillance of a person;

1-13 (b) The verification of any information included in an application for

1-14 employment or a tenancy from any person other than a person whose

1-15 name is included in the application by the applicant or the successor of

1-16 that person; or

2-1 (c) Any other activity within the scope of the business of a private

2-2 investigator, as determined by the board.

2-3 2. Verify or attempt to verify information included in an application

2-4 for employment or a tenancy unless the employer, landlord or property

2-5 manager who has employed the screener has obtained written consent

2-6 from the applicant for the verification.

2-7 3. Include in his report to an employer, landlord or property

2-8 manager an opinion, conclusion or inference regarding the information

2-9 he obtained or was unable to obtain.

2-10 Sec. 5. NRS 648.005 is hereby amended to read as follows:

2-11 648.005 As used in this chapter, unless the context otherwise requires,

2-12 the words and terms defined in NRS 648.006 to 648.016, inclusive, and

2-13 sections 2 and 3 of this act have the meanings ascribed to them in those

2-14 sections.

2-15 Sec. 6. NRS 648.0155 is hereby amended to read as follows:

2-16 648.0155 "Security consultant" means a person [licensed as a private

2-17 patrolman or private investigator] who engages in the business of

2-18 furnishing advice [on] concerning the proper methods and equipment for

2-19 providing security and protection for persons and property.

2-20 Sec. 7. NRS 648.017 is hereby amended to read as follows:

2-21 648.017 The purpose of licensing private investigators, private

2-22 patrolmen, process servers, repossessors, dog handlers, security

2-23 consultants, employment screeners, tenant screeners and polygraphic

2-24 examiners and interns is to protect the public safety and general welfare of

2-25 the people of this state. Any license issued pursuant to the provisions of

2-26 this chapter is a privilege that may be revoked in accordance with

2-27 disciplinary procedures set forth in this chapter and in regulations adopted

2-28 by the board pursuant [thereto,] to the provisions of this chapter, and no

2-29 holder of such a license acquires thereby any vested right.

2-30 Sec. 8. NRS 648.018 is hereby amended to read as follows:

2-31 648.018 Except as to polygraphic examiners and interns, the

2-32 provisions of this chapter [does] do not apply:

2-33 1. To any detective or officer belonging to the law enforcement

2-34 agencies of the State of Nevada or the United States, or of any county or

2-35 city of the State of Nevada, while the detective or officer is engaged in the

2-36 performance of his official duties.

2-37 2. To a special police [officers] officer appointed by the police

2-38 department of any city, county, or city and county within the State of

2-39 Nevada while the officer is engaged in the performance of his official

2-40 duties.

3-1 3. To insurance adjusters and their associate adjusters licensed

3-2 pursuant to the [Nevada Insurance Adjusters Law] provisions of chapter

3-3 684A of NRS who are not otherwise engaged in the business of private

3-4 investigators.

3-5 4. To any private investigator, private patrolman, process server, dog

3-6 handler , [or] security consultant , employment screener or tenant screener

3-7 employed by an employer regularly in connection with the affairs of that

3-8 employer if a bona fide employer-employee relationship exists, except as

3-9 otherwise provided in NRS 648.060, 648.140 and 648.203.

3-10 5. To a repossessor employed exclusively by one employer regularly in

3-11 connection with the affairs of that employer if a bona fide employer-

3-12 employee relationship exists, except as otherwise provided in NRS

3-13 648.060, 648.140 and 648.203.

3-14 6. To a person engaged exclusively in the business of obtaining and

3-15 furnishing information as to the financial rating of persons.

3-16 7. To a charitable philanthropic society or association incorporated

3-17 under the laws of this state which is organized and maintained for the

3-18 public good and not for private profit.

3-19 8. To an attorney at law in performing his duties as such.

3-20 9. To a collection agency unless it is engaged in business as a

3-21 repossessor, licensed by the commissioner of financial institutions, or an

3-22 employee thereof , while acting within the scope of his employment [while]

3-23 and making an investigation incidental to the business of the agency,

3-24 including an investigation of the location of a debtor or his assets [and] or

3-25 of property which the client has an interest in or lien upon.

3-26 10. To [admitted insurers and] insurers, agents and insurance brokers

3-27 licensed [by the] in this state, performing duties in connection with

3-28 insurance transacted by them.

3-29 11. To any bank organized pursuant to the laws of this state or to any

3-30 national bank engaged in banking in this state.

3-31 12. To any person employed to administer a program of supervision for

3-32 persons who are serving terms of residential confinement.

3-33 Sec. 9. NRS 648.060 is hereby amended to read as follows:

3-34 648.060 1. [No] Except as otherwise provided in this section, no

3-35 person may:

3-36 (a) Engage in the business of private investigator, private patrolman,

3-37 process server, repossessor, dog handler, security consultant, employment

3-38 screener, tenant screener or polygraphic examiner or intern; or

3-39 (b) Advertise his business as such, irrespective of the name or title

3-40 actually used,

3-41 unless he is licensed pursuant to the provisions of this chapter.

3-42 2. A person licensed as a private investigator or private patrolman

3-43 may:

4-1 (a) Engage in the business of security consultant; and

4-2 (b) Advertise his business as such,

4-3 without being licensed as a security consultant pursuant to the provisions

4-4 of this chapter.

4-5 3. No person may be employed by a licensee unless the person holds a

4-6 work card issued by the sheriff of the county in which the work is to be

4-7 performed. The provisions of this subsection do not apply to a person

4-8 licensed pursuant to the provisions of this chapter.

4-9 [3.] 4. A person licensed pursuant to the provisions of this chapter may

4-10 employ only another licensee, or a nonlicensed person who:

4-11 (a) Is at least 18 years of age.

4-12 (b) Is a citizen of the United States or lawfully entitled to remain and

4-13 work in the United States.

4-14 (c) Is of good moral character and temperate habits.

4-15 (d) Has not been convicted of a felony or a crime involving moral

4-16 turpitude or the illegal use or possession of a dangerous weapon.

4-17 Sec. 10. NRS 648.110 is hereby amended to read as follows:

4-18 648.110 1. Before the board grants any license, the applicant,

4-19 including each director and officer of a corporate applicant, must:

4-20 (a) Be at least 21 years of age.

4-21 (b) Be a citizen of the United States or lawfully entitled to remain and

4-22 work in the United States.

4-23 (c) Be of good moral character and temperate habits.

4-24 (d) Have no conviction of a felony or a crime involving moral turpitude

4-25 or the illegal use or possession of a dangerous weapon.

4-26 2. Each applicant, or the qualifying agent of a corporate applicant,

4-27 must:

4-28 (a) If an applicant for a private investigator’s license, have at least 5

4-29 years’ experience as an investigator, or the equivalent thereof, as

4-30 determined by the board.

4-31 (b) If an applicant for a repossessor’s license, have at least 5 years’

4-32 experience as a repossessor, or the equivalent thereof, as determined by the

4-33 board.

4-34 (c) If an applicant for a private patrolman’s license, have at least 5

4-35 years’ experience as a private patrolman, or the equivalent thereof, as

4-36 determined by the board.

4-37 (d) If an applicant for a process server’s license, have at least 2 years’

4-38 experience as a process server, or the equivalent thereof, as determined by

4-39 the board.

4-40 (e) If an applicant for a dog handler’s license, demonstrate to the

4-41 satisfaction of the board his ability to handle, supply and train watchdogs.

5-1 (f) If an applicant for a license as a security consultant, have at least 5

5-2 years’ experience as a security consultant, private patrolman or private

5-3 investigator, or the equivalent thereof, as determined by the board.

5-4 (g) If an applicant for a license as an employment screener, have at

5-5 least 5 years’ experience as an employment screener, or the equivalent

5-6 thereof, as determined by the board.

5-7 (h) If an applicant for a license as a tenant screener, have at least 5

5-8 years’ experience as a tenant screener, or the equivalent thereof, as

5-9 determined by the board.

5-10 (i) If an applicant for a license as an intern, have:

5-11 (1) Received:

5-12 (I) A baccalaureate degree from an accredited college or university

5-13 and have at least 1 year’s experience in investigation or polygraphic

5-14 examination satisfactory to the board;

5-15 (II) An associate degree from an accredited college or university

5-16 and have at least 3 years’ experience; or

5-17 (III) A high school diploma or its equivalent and have at least 5

5-18 years’ experience; and

5-19 (2) Satisfactorily completed a basic course of instruction in

5-20 polygraphic techniques satisfactory to the board.

5-21 [(g)] (j) If an applicant for a license as a polygraphic examiner:

5-22 (1) Meet the requirements contained in paragraph [(f);] (i);

5-23 (2) Have actively conducted polygraphic examinations for at least 2

5-24 years;

5-25 (3) Have completed successfully at least 250 polygraphic

5-26 examinations, including at least 100 examinations concerning specific

5-27 inquiries as distinguished from general examinations for the purpose of

5-28 screening;

5-29 (4) Have completed successfully at least 50 polygraphic

5-30 examinations, including 10 examinations concerning specific inquiries,

5-31 during the 12 months immediately before the date of his application; and

5-32 (5) Have completed successfully at least 24 hours of advanced

5-33 polygraphic training acceptable to the board during the 2 years immediately

5-34 before the date of his application.

5-35 [(h)] (k) Meet other requirements as determined by the board.

5-36 3. The board, when satisfied from recommendations and investigation

5-37 that the applicant is of good character, competency and integrity, may issue

5-38 and deliver a license to the applicant entitling him to conduct the business

5-39 for which he is licensed, for the period which ends on July 1 next following

5-40 the date of issuance.

5-41 4. For the purposes of this section, 1 year of experience consists of

5-42 2,000 hours of experience.

6-1 Sec. 11. NRS 648.210 is hereby amended to read as follows:

6-2 648.210 A person who violates any of the provisions of NRS 648.060

6-3 to 648.205, inclusive [:] , and section 4 of this act:

6-4 1. For the first violation , is guilty of a misdemeanor.

6-5 2. For the second [and subsequent violations,] or subsequent violation,

6-6 is guilty of a gross misdemeanor.

6-7 Sec. 12. The amendatory provisions of this act do not apply to

6-8 offenses that are committed before October 1, 1999.

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