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 [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 professions; revising the membership of the private investigator’s licensing board; providing an exemption from the licensing requirements of the board for certain persons who verify information included in applications for tenancies or employment; 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. NRS 648.0155 is hereby amended to read as follows:

1-2 648.0155 "Security consultant" means a person [licensed as a private

1-3 patrolman or private investigator] who engages in the business of

1-4 furnishing advice [on] concerning the proper methods [and] or equipment

1-5 for providing security [and] or protection for persons and property.

1-6 Sec. 2. NRS 648.018 is hereby amended to read as follows:

1-7 648.018 Except as to polygraphic examiners and interns, the

1-8 provisions of this chapter [does] do not apply:

1-9 1. To any detective or officer belonging to the law enforcement

1-10 agencies of the State of Nevada or the United States, or of any county or

1-11 city of the State of Nevada, while the detective or officer is engaged in the

1-12 performance of his official duties.

1-13 2. To a special police [officers] officer appointed by the police

1-14 department of any city, county, or city and county within the State of

1-15 Nevada while the officer is engaged in the performance of his official

1-16 duties.

2-1 3. To insurance adjusters and their associate adjusters licensed

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

2-3 684A of NRS who are not otherwise engaged in the business of private

2-4 investigators.

2-5 4. To any private investigator, private patrolman, process server, dog

2-6 handler or security consultant employed by an employer regularly in

2-7 connection with the affairs of that employer if a bona fide employer-

2-8 employee relationship exists, except as otherwise provided in NRS

2-9 648.060, 648.140 and 648.203.

2-10 5. To a repossessor employed exclusively by one employer regularly in

2-11 connection with the affairs of that employer if a bona fide employer-

2-12 employee relationship exists, except as otherwise provided in NRS

2-13 648.060, 648.140 and 648.203.

2-14 6. To a person engaged exclusively in the business of obtaining and

2-15 furnishing information as to the financial rating of persons.

2-16 7. To a charitable philanthropic society or association incorporated

2-17 under the laws of this state which is organized and maintained for the

2-18 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 a

2-21 repossessor, licensed by the commissioner of financial institutions, or an

2-22 employee thereof , while acting within the scope of his employment [while]

2-23 and making an investigation incidental to the business of the agency,

2-24 including an investigation of the location of a debtor or his assets [and] or

2-25 of property which the client has an interest in or lien upon.

2-26 10. To [admitted insurers and] insurers, agents and insurance brokers

2-27 licensed [by the] in this state, performing duties in connection with

2-28 insurance transacted by them.

2-29 11. To any bank organized pursuant to the laws of this state or to any

2-30 national bank engaged in banking in this state.

2-31 12. To any person employed to administer a program of supervision for

2-32 persons who are serving terms of residential confinement.

2-33 13. To a person who for consideration verifies or attempts to verify

2-34 for an employer the information included in an application for

2-35 employment.

2-36 14. To a person who for consideration verifies or attempts to verify

2-37 for a landlord or property manager the information included in an

2-38 application for a tenancy.

2-39 15. To a security consultant who inspects a site or interviews

2-40 witnesses or other persons in this state to provide advice concerning

2-41 future litigation or to prepare his testimony as an expert witness in a

2-42 legal proceeding or deposition.

3-1 Sec. 3. NRS 648.020 is hereby amended to read as follows:

3-2 648.020 1. The private investigator’s licensing board, consisting of

3-3 [the attorney general or his deputy and four] five members appointed by the

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) [One member who is a private patrolman.] Two members who are

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 whose

3-12 population is 400,000 or more, and two members must be residents of a

3-13 county whose population is less than 400,000.

3-14 4. The board shall elect a chairman [of the board is the attorney

3-15 general or a deputy attorney general designated by the attorney general to

3-16 act in that capacity.

3-17 4.] from among its members.

3-18 5. Each member of the board [, except the chairman,] is entitled to

3-19 receive:

3-20 (a) A salary of not more than $80, as fixed by the board, for each day or

3-21 portion of a day during which he attends a meeting of the board; and

3-22 (b) A per diem allowance and travel expenses at a rate fixed by the

3-23 board, while engaged in the business of the board. The rate must not exceed

3-24 the rate provided for state officers and employees generally.

3-25 [5.] 6. While engaged in the business of the board, each employee of

3-26 the board is entitled to receive a per diem allowance and travel expenses at

3-27 a rate fixed by the board. The rate must not exceed the rate provided for

3-28 state officers and employees generally.

3-29 [6.] 7. The member who is a representative of the general public shall

3-30 not participate in preparing, conducting or grading any examination

3-31 required by the board.

3-32 Sec. 4. NRS 648.025 is hereby amended to read as follows:

3-33 648.025 1. The board may:

3-34 [1.] (a) Appoint an executive director who:

3-35 [(a)] (1) Is not in the classified or unclassified service of the state; and

3-36 [(b)] (2) Shall perform such duties as the board may prescribe; and

3-37 [2.] (b) Employ investigators and clerical personnel necessary to carry

3-38 out the provisions of this chapter.

3-39 2. The board shall determine the compensation, benefits and other

3-40 terms and conditions of employment of the executive director.

3-41 Sec. 5. NRS 648.060 is hereby amended to read as follows:

3-42 648.060 1. [No] Except as otherwise provided in this section, no

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, or

4-3 polygraphic examiner or intern; or

4-4 (b) Advertise his business as such, irrespective of the name or title

4-5 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 patrolman

4-8 may:

4-9 (a) Engage in the business of security consultant; and

4-10 (b) Advertise his business as such,

4-11 without being licensed as a security consultant pursuant to the provisions

4-12 of this chapter.

4-13 3. No person may be employed by a licensee unless the person holds a

4-14 work card issued by the sheriff of the county in which the work is to be

4-15 performed. The provisions of this subsection do not apply to a person

4-16 licensed pursuant to the provisions of this chapter.

4-17 [3.] 4. A person licensed pursuant to the provisions of this chapter may

4-18 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 and

4-21 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 moral

4-24 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:

4-26 648.110 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 and

4-30 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 turpitude

4-33 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 5

4-37 years’ experience as an investigator, or the equivalent thereof, as

4-38 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 the

4-41 board.

5-1 (c) If an applicant for a private patrolman’s license, have at least 5

5-2 years’ experience as a private patrolman, or the equivalent thereof, as

5-3 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 by

5-6 the board.

5-7 (e) If an applicant for a dog handler’s license, demonstrate to the

5-8 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 5

5-10 years’ experience as a security consultant, private patrolman or private

5-11 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 university

5-15 and have at least 1 year’s experience in investigation or polygraphic

5-16 examination satisfactory to the board;

5-17 (II) An associate degree from an accredited college or university

5-18 and have at least 3 years’ experience; or

5-19 (III) A high school diploma or its equivalent and have at least 5

5-20 years’ experience; and

5-21 (2) Satisfactorily completed a basic course of instruction in

5-22 polygraphic techniques satisfactory to the board.

5-23 [(g)] (h) If an applicant for a license as a polygraphic examiner:

5-24 (1) Meet the requirements contained in paragraph [(f);] (g);

5-25 (2) Have actively conducted polygraphic examinations for at least 2

5-26 years;

5-27 (3) Have completed successfully at least 250 polygraphic

5-28 examinations, including at least 100 examinations concerning specific

5-29 inquiries as distinguished from general examinations for the purpose of

5-30 screening;

5-31 (4) Have completed successfully at least 50 polygraphic

5-32 examinations, including 10 examinations concerning specific inquiries,

5-33 during the 12 months immediately before the date of his application; and

5-34 (5) Have completed successfully at least 24 hours of advanced

5-35 polygraphic training acceptable to the board during the 2 years immediately

5-36 before the date of his application.

5-37 [(h)] (i) Meet other requirements as determined by the board.

5-38 3. The board, when satisfied from recommendations and investigation

5-39 that the applicant is of good character, competency and integrity, may issue

5-40 and deliver a license to the applicant entitling him to conduct the business

5-41 for which he is licensed, for the period which ends on July 1 next following

5-42 the date of issuance.

6-1 4. For the purposes of this section, 1 year of experience consists of

6-2 2,000 hours of experience.

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