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
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 thereto1-2
the provisions set forth as sections 2, 3, and 4 of this act.1-3
Sec. 2. "Employment screener" means a person who for1-4
consideration verifies or attempts to verify for an employer the1-5
information included in an application for employment.1-6
Sec. 3. "Tenant screener" means a person who for consideration1-7
verifies or attempts to verify for a landlord or property manager the1-8
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, landlord1-11
or property manager by:1-12
(a) The surveillance of a person;1-13
(b) The verification of any information included in an application for1-14
employment or a tenancy from any person other than a person whose1-15
name is included in the application by the applicant or the successor of1-16
that person; or2-1
(c) Any other activity within the scope of the business of a private2-2
investigator, as determined by the board.2-3
2. Verify or attempt to verify information included in an application2-4
for employment or a tenancy unless the employer, landlord or property2-5
manager who has employed the screener has obtained written consent2-6
from the applicant for the verification.2-7
3. Include in his report to an employer, landlord or property2-8
manager an opinion, conclusion or inference regarding the information2-9
he obtained or was unable to obtain.2-10
Sec. 5. NRS 648.005 is hereby amended to read as follows: 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, and2-13
sections 2 and 3 of this act have the meanings ascribed to them in those2-14
sections.2-15
Sec. 6. NRS 648.0155 is hereby amended to read as follows: 648.0155 "Security consultant" means a person2-17
2-18
furnishing advice2-19
providing security and protection for persons and property.2-20
Sec. 7. NRS 648.017 is hereby amended to read as follows: 648.017 The purpose of licensing private investigators, private2-22
patrolmen, process servers, repossessors, dog handlers, security2-23
consultants, employment screeners, tenant screeners and polygraphic2-24
examiners and interns is to protect the public safety and general welfare of2-25
the people of this state. Any license issued pursuant to the provisions of2-26
this chapter is a privilege that may be revoked in accordance with2-27
disciplinary procedures set forth in this chapter and in regulations adopted2-28
by the board pursuant2-29
holder of such a license acquires thereby any vested right.2-30
Sec. 8. NRS 648.018 is hereby amended to read as follows: 648.018 Except as to polygraphic examiners and interns, the2-32
provisions of this chapter2-33
1. To any detective or officer belonging to the law enforcement2-34
agencies of the State of Nevada or the United States, or of any county or2-35
city of the State of Nevada, while the detective or officer is engaged in the2-36
performance of his official duties.2-37
2. To a special police2-38
department of any city, county, or city and county within the State of2-39
Nevada while the officer is engaged in the performance of his official2-40
duties.3-1
3. To insurance adjusters and their associate adjusters licensed3-2
pursuant to the3-3
684A of NRS who are not otherwise engaged in the business of private3-4
investigators.3-5
4. To any private investigator, private patrolman, process server, dog3-6
handler ,3-7
employed by an employer regularly in connection with the affairs of that3-8
employer if a bona fide employer-employee relationship exists, except as3-9
otherwise provided in NRS 648.060, 648.140 and 648.203.3-10
5. To a repossessor employed exclusively by one employer regularly in3-11
connection with the affairs of that employer if a bona fide employer-3-12
employee relationship exists, except as otherwise provided in NRS3-13
648.060, 648.140 and 648.203.3-14
6. To a person engaged exclusively in the business of obtaining and3-15
furnishing information as to the financial rating of persons.3-16
7. To a charitable philanthropic society or association incorporated3-17
under the laws of this state which is organized and maintained for the3-18
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 a3-21
repossessor, licensed by the commissioner of financial institutions, or an3-22
employee thereof , while acting within the scope of his employment3-23
and making an investigation incidental to the business of the agency,3-24
including an investigation of the location of a debtor or his assets3-25
of property which the client has an interest in or lien upon.3-26
10. To3-27
licensed3-28
insurance transacted by them.3-29
11. To any bank organized pursuant to the laws of this state or to any3-30
national bank engaged in banking in this state.3-31
12. To any person employed to administer a program of supervision for3-32
persons who are serving terms of residential confinement.3-33
Sec. 9. NRS 648.060 is hereby amended to read as follows: 648.060 1.3-35
person may:3-36
(a) Engage in the business of private investigator, private patrolman,3-37
process server, repossessor, dog handler, security consultant, employment3-38
screener, tenant screener or polygraphic examiner or intern; or3-39
(b) Advertise his business as such, irrespective of the name or title3-40
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 patrolman3-43
may:4-1
(a) Engage in the business of security consultant; and4-2
(b) Advertise his business as such,4-3
without being licensed as a security consultant pursuant to the provisions4-4
of this chapter.4-5
3. No person may be employed by a licensee unless the person holds a4-6
work card issued by the sheriff of the county in which the work is to be4-7
performed. The provisions of this subsection do not apply to a person4-8
licensed pursuant to the provisions of this chapter.4-9
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 and4-13
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 moral4-16
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: 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 and4-22
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 turpitude4-25
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 54-29
years’ experience as an investigator, or the equivalent thereof, as4-30
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 the4-33
board.4-34
(c) If an applicant for a private patrolman’s license, have at least 54-35
years’ experience as a private patrolman, or the equivalent thereof, as4-36
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 by4-39
the board.4-40
(e) If an applicant for a dog handler’s license, demonstrate to the4-41
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 55-2
years’ experience as a security consultant, private patrolman or private5-3
investigator, or the equivalent thereof, as determined by the board.5-4
(g) If an applicant for a license as an employment screener, have at5-5
least 5 years’ experience as an employment screener, or the equivalent5-6
thereof, as determined by the board.5-7
(h) If an applicant for a license as a tenant screener, have at least 55-8
years’ experience as a tenant screener, or the equivalent thereof, as5-9
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 university5-13
and have at least 1 year’s experience in investigation or polygraphic5-14
examination satisfactory to the board;5-15
(II) An associate degree from an accredited college or university5-16
and have at least 3 years’ experience; or5-17
(III) A high school diploma or its equivalent and have at least 55-18
years’ experience; and5-19
(2) Satisfactorily completed a basic course of instruction in5-20
polygraphic techniques satisfactory to the board.5-21
5-22
(1) Meet the requirements contained in paragraph5-23
(2) Have actively conducted polygraphic examinations for at least 25-24
years;5-25
(3) Have completed successfully at least 250 polygraphic5-26
examinations, including at least 100 examinations concerning specific5-27
inquiries as distinguished from general examinations for the purpose of5-28
screening;5-29
(4) Have completed successfully at least 50 polygraphic5-30
examinations, including 10 examinations concerning specific inquiries,5-31
during the 12 months immediately before the date of his application; and5-32
(5) Have completed successfully at least 24 hours of advanced5-33
polygraphic training acceptable to the board during the 2 years immediately5-34
before the date of his application.5-35
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3. The board, when satisfied from recommendations and investigation5-37
that the applicant is of good character, competency and integrity, may issue5-38
and deliver a license to the applicant entitling him to conduct the business5-39
for which he is licensed, for the period which ends on July 1 next following5-40
the date of issuance.5-41
4. For the purposes of this section, 1 year of experience consists of5-42
2,000 hours of experience.6-1
Sec. 11. NRS 648.210 is hereby amended to read as follows: 648.210 A person who violates any of the provisions of NRS 648.0606-3
to 648.205, inclusive6-4
1. For the first violation , is guilty of a misdemeanor.6-5
2. For the second6-6
is guilty of a gross misdemeanor. Sec. 12. The amendatory provisions of this act do not apply to6-8
offenses that are committed before October 1, 1999.~