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—Revises provisions relating to private investigator’s licensing board. (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:
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Section 1. NRS 648.0155 is hereby amended to read as follows: 648.0155 "Security consultant" means a person1-3
1-4
furnishing advice1-5
for providing security1-6
Sec. 2. NRS 648.018 is hereby amended to read as follows: 648.018 Except as to polygraphic examiners and interns, the1-8
provisions of this chapter1-9
1. To any detective or officer belonging to the law enforcement1-10
agencies of the State of Nevada or the United States, or of any county or1-11
city of the State of Nevada, while the detective or officer is engaged in the1-12
performance of his official duties.1-13
2. To a special police1-14
department of any city, county, or city and county within the State of1-15
Nevada while the officer is engaged in the performance of his official1-16
duties.2-1
3. To insurance adjusters and their associate adjusters licensed2-2
pursuant to the2-3
684A of NRS who are not otherwise engaged in the business of private2-4
investigators.2-5
4. To any private investigator, private patrolman, process server, dog2-6
handler or security consultant employed by an employer regularly in2-7
connection with the affairs of that employer if a bona fide employer-2-8
employee relationship exists, except as otherwise provided in NRS2-9
648.060, 648.140 and 648.203.2-10
5. To a repossessor employed exclusively by one employer regularly in2-11
connection with the affairs of that employer if a bona fide employer-2-12
employee relationship exists, except as otherwise provided in NRS2-13
648.060, 648.140 and 648.203.2-14
6. To a person engaged exclusively in the business of obtaining and2-15
furnishing information as to the financial rating of persons.2-16
7. To a charitable philanthropic society or association incorporated2-17
under the laws of this state which is organized and maintained for the2-18
public good and not for private profit.2-19
8. To an attorney at law in performing his duties as such.2-20
9. To a collection agency unless it is engaged in business as a2-21
repossessor, licensed by the commissioner of financial institutions, or an2-22
employee thereof , while acting within the scope of his employment2-23
and making an investigation incidental to the business of the agency,2-24
including an investigation of the location of a debtor or his assets2-25
of property which the client has an interest in or lien upon.2-26
10. To2-27
licensed2-28
insurance transacted by them.2-29
11. To any bank organized pursuant to the laws of this state or to any2-30
national bank engaged in banking in this state.2-31
12. To any person employed to administer a program of supervision for2-32
persons who are serving terms of residential confinement.2-33
13. To a person who for consideration verifies or attempts to verify2-34
for an employer the information included in an application for2-35
employment.2-36
14. To a person who for consideration verifies or attempts to verify2-37
for a landlord or property manager the information included in an2-38
application for a tenancy.2-39
15. To a security consultant who inspects a site or interviews2-40
witnesses or other persons in this state to provide advice concerning2-41
future litigation or to prepare his testimony as an expert witness in a2-42
legal proceeding or deposition.3-1
Sec. 3. NRS 648.020 is hereby amended to read as follows: 648.020 1. The private investigator’s licensing board, consisting of3-3
3-4
governor, is hereby created.3-5
2. The governor shall appoint:3-6
(a) One member who is a private investigator.3-7
(b)3-8
private patrolmen.3-9
(c) One member who is a polygraphic examiner.3-10
(d) One member who is a representative of the general public.3-11
3. Three members of the board must be residents of a county whose3-12
population is 400,000 or more, and two members must be residents of a3-13
county whose population is less than 400,000.3-14
4. The board shall elect a chairman3-15
3-16
3-17
3-18
5. Each member of the board3-19
receive:3-20
(a) A salary of not more than $80, as fixed by the board, for each day or3-21
portion of a day during which he attends a meeting of the board; and3-22
(b) A per diem allowance and travel expenses at a rate fixed by the3-23
board, while engaged in the business of the board. The rate must not exceed3-24
the rate provided for state officers and employees generally.3-25
3-26
the board is entitled to receive a per diem allowance and travel expenses at3-27
a rate fixed by the board. The rate must not exceed the rate provided for3-28
state officers and employees generally.3-29
3-30
not participate in preparing, conducting or grading any examination3-31
required by the board.3-32
Sec. 4. NRS 648.025 is hereby amended to read as follows: 648.025 1. The board may:3-34
3-35
3-36
3-37
3-38
out the provisions of this chapter.3-39
2. The board shall determine the compensation, benefits and other3-40
terms and conditions of employment of the executive director.3-41
Sec. 5. NRS 648.060 is hereby amended to read as follows: 648.060 1.3-43
person may:4-1
(a) Engage in the business of private investigator, private patrolman,4-2
process server, repossessor, dog handler, security consultant, or4-3
polygraphic examiner or intern; or4-4
(b) Advertise his business as such, irrespective of the name or title4-5
actually used,4-6
unless he is licensed pursuant to the provisions of this chapter.4-7
2. A person licensed as a private investigator or private patrolman4-8
may:4-9
(a) Engage in the business of security consultant; and4-10
(b) Advertise his business as such,4-11
without being licensed as a security consultant pursuant to the provisions4-12
of this chapter.4-13
3. No person may be employed by a licensee unless the person holds a4-14
work card issued by the sheriff of the county in which the work is to be4-15
performed. The provisions of this subsection do not apply to a person4-16
licensed pursuant to the provisions of this chapter.4-17
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employ only another licensee, or a nonlicensed person who:4-19
(a) Is at least 18 years of age.4-20
(b) Is a citizen of the United States or lawfully entitled to remain and4-21
work in the United States.4-22
(c) Is of good moral character and temperate habits.4-23
(d) Has not been convicted of a felony or a crime involving moral4-24
turpitude or the illegal use or possession of a dangerous weapon.4-25
Sec. 6. NRS 648.110 is hereby amended to read as follows: 648.110 1. Before the board grants any license, the applicant,4-27
including each director and officer of a corporate applicant, must:4-28
(a) Be at least 21 years of age.4-29
(b) Be a citizen of the United States or lawfully entitled to remain and4-30
work in the United States.4-31
(c) Be of good moral character and temperate habits.4-32
(d) Have no conviction of a felony or a crime involving moral turpitude4-33
or the illegal use or possession of a dangerous weapon.4-34
2. Each applicant, or the qualifying agent of a corporate applicant,4-35
must:4-36
(a) If an applicant for a private investigator’s license, have at least 54-37
years’ experience as an investigator, or the equivalent thereof, as4-38
determined by the board.4-39
(b) If an applicant for a repossessor’s license, have at least 5 years’4-40
experience as a repossessor, or the equivalent thereof, as determined by the4-41
board.5-1
(c) If an applicant for a private patrolman’s license, have at least 55-2
years’ experience as a private patrolman, or the equivalent thereof, as5-3
determined by the board.5-4
(d) If an applicant for a process server’s license, have at least 2 years’5-5
experience as a process server, or the equivalent thereof, as determined by5-6
the board.5-7
(e) If an applicant for a dog handler’s license, demonstrate to the5-8
satisfaction of the board his ability to handle, supply and train watchdogs.5-9
(f) If an applicant for a license as a security consultant, have at least 55-10
years’ experience as a security consultant, private patrolman or private5-11
investigator, or the equivalent thereof, as determined by the board.5-12
(g) If an applicant for a license as an intern, have:5-13
(1) Received:5-14
(I) A baccalaureate degree from an accredited college or university5-15
and have at least 1 year’s experience in investigation or polygraphic5-16
examination satisfactory to the board;5-17
(II) An associate degree from an accredited college or university5-18
and have at least 3 years’ experience; or5-19
(III) A high school diploma or its equivalent and have at least 55-20
years’ experience; and5-21
(2) Satisfactorily completed a basic course of instruction in5-22
polygraphic techniques satisfactory to the board.5-23
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(1) Meet the requirements contained in paragraph5-25
(2) Have actively conducted polygraphic examinations for at least 25-26
years;5-27
(3) Have completed successfully at least 250 polygraphic5-28
examinations, including at least 100 examinations concerning specific5-29
inquiries as distinguished from general examinations for the purpose of5-30
screening;5-31
(4) Have completed successfully at least 50 polygraphic5-32
examinations, including 10 examinations concerning specific inquiries,5-33
during the 12 months immediately before the date of his application; and5-34
(5) Have completed successfully at least 24 hours of advanced5-35
polygraphic training acceptable to the board during the 2 years immediately5-36
before the date of his application.5-37
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3. The board, when satisfied from recommendations and investigation5-39
that the applicant is of good character, competency and integrity, may issue5-40
and deliver a license to the applicant entitling him to conduct the business5-41
for which he is licensed, for the period which ends on July 1 next following5-42
the date of issuance.6-1
4. For the purposes of this section, 1 year of experience consists of6-2
2,000 hours of experience.~