requires two-thirds majority vote (NRS 648.070)                                   

                                                                                                  

 

Assembly Bill No. 492–Assemblymen Humke, Arberry, Beers, Buckley, Hettrick, Leslie and Parks

 

March 19, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing certain licenses issued by and membership of private investigator’s licensing board. (BDR 54‑1014)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to occupations; requiring a person to obtain a license from the private investigator’s licensing board before engaging in business as a thermal technician; authorizing the board to issue such a license without an examination under certain circumstances; expanding the membership of the board to include a thermal technician; 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 and 3 of this act.

1-3    Sec. 2.  “Thermal technician” means a person who, for any

1-4  consideration, engages in business or accepts employment to furnish, or

1-5  conducts or agrees to conduct any investigation with the use of any

1-6  infrared camera, a thermal imager or other device that detects, creates an

1-7  image of or measures thermal or infrared radiation emitted by any

1-8  person or object. The term does not include a private investigator or any

1-9  person who uses such a device during the course of his profession,

1-10  occupation or employment for which he is licensed, registered or certified

1-11  in accordance with the provisions of Title 54 of NRS.

1-12    Sec. 3.  The board may issue a license to engage in business as a

1-13  thermal technician without an examination if an applicant submits

1-14  evidence satisfactory to the board that he:

1-15    1.  Is certified as a thermal technician by a school or organization

1-16  approved by the board; or

1-17    2.  Has at least 5 years of experience as a thermal technician, or the

1-18  equivalent of that experience, as determined by the board.

 

2-1    Sec. 4.  NRS 648.005 is hereby amended to read as follows:

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

2-3  the words and terms defined in NRS 648.006 to 648.016, inclusive, and

2-4  section 2 of this act, have the meanings ascribed to them in those sections.

2-5    Sec. 5.  NRS 648.017 is hereby amended to read as follows:

2-6    648.017  The purpose of licensing private investigators, private

2-7  patrolmen, process servers, repossessors, dog handlers, security

2-8  consultants, [and] polygraphic examiners and interns , and thermal

2-9  technicians is to protect the public safety and general welfare of the people

2-10  of this state. Any license issued pursuant to this chapter is a privilege that

2-11  may be revoked in accordance with disciplinary procedures set forth in this

2-12  chapter and in regulations adopted by the board pursuant thereto, and no

2-13  holder of such a license acquires thereby any vested right.

2-14    Sec. 6.  NRS 648.018 is hereby amended to read as follows:

2-15    648.018  Except as to polygraphic examiners and interns, this chapter

2-16  does not apply:

2-17    1.  To any detective or officer belonging to the law enforcement

2-18  agencies of the State of Nevada or the United States, or of any county or

2-19  city of the State of Nevada, while the detective or officer is engaged in the

2-20  performance of his official duties.

2-21    2.  To special police officers appointed by the police department of any

2-22  city, county, or city and county within the State of Nevada while the officer

2-23  is engaged in the performance of his official duties.

2-24    3.  To insurance adjusters and their associate adjusters licensed

2-25  pursuant to the Nevada Insurance Adjusters Law who are not otherwise

2-26  engaged in the business of private investigators.

2-27    4.  To any private investigator, private patrolman, process server, dog

2-28  handler , [or] security consultant or thermal technician employed by an

2-29  employer regularly in connection with the affairs of that employer if a bona

2-30  fide employer-employee relationship exists, except as otherwise provided

2-31  in NRS 648.060, 648.140 and 648.203.

2-32    5.  To a repossessor employed exclusively by one employer regularly

2-33  in connection with the affairs of that employer if a bona fide employer-

2-34  employee relationship exists, except as otherwise provided in NRS

2-35  648.060, 648.140 and 648.203.

2-36    6.  To a person engaged exclusively in the business of obtaining and

2-37  furnishing information [as] relating to the financial rating of persons.

2-38    7.  To a charitable philanthropic society or association incorporated

2-39  under the laws of this state which is organized and maintained for the

2-40  public good and not for private profit.

2-41    8.  To an attorney at law in performing his duties as such.

2-42    9.  To a collection agency unless engaged in business as a repossessor,

2-43  licensed by the commissioner of financial institutions, or an employee

2-44  thereof while acting within the scope of his employment while making an

2-45  investigation incidental to the business of the agency, including an

2-46  investigation of the location of a debtor or his assets and of property which

2-47  the client has an interest in or lien upon.

3-1    10.  To admitted insurers and agents and insurance brokers licensed by

3-2  the state, performing duties in connection with insurance transacted by

3-3  them.

3-4    11.  To any bank organized pursuant to the laws of this state or to any

3-5  national bank engaged in banking in this state.

3-6    12.  To any person employed to administer a program of supervision

3-7  for persons who are serving terms of residential confinement.

3-8    Sec. 7.  NRS 648.020 is hereby amended to read as follows:

3-9    648.020  1.  The private investigator’s licensing board, consisting of

3-10  the attorney general or his deputy and [four] five members appointed by the

3-11  governor, is hereby created.

3-12    2.  The governor shall appoint:

3-13    (a) One member who is a private investigator.

3-14    (b) One member who is a private patrolman.

3-15    (c) One member who is a polygraphic examiner.

3-16    (d) One member who is a thermal technician.

3-17    (e) One member who is a representative of the general public.

3-18    3.  The chairman of the board is the attorney general or a deputy

3-19  attorney general designated by the attorney general to act in that capacity.

3-20    4.  Each member of the board, except the chairman, is entitled to

3-21  receive:

3-22    (a) A salary of not more than $80, as fixed by the board, for each day or

3-23  portion of a day during which he attends a meeting of the board; and

3-24    (b) A per diem allowance and travel expenses at a rate fixed by the

3-25  board, while engaged in the business of the board. The rate must not

3-26  exceed the rate provided for state officers and employees generally.

3-27    5.  While engaged in the business of the board, each employee of the

3-28  board is entitled to receive a per diem allowance and travel expenses at a

3-29  rate fixed by the board. The rate must not exceed the rate provided for state

3-30  officers and employees generally.

3-31    6.  The member who is a representative of the general public shall not

3-32  participate in preparing, conducting or grading any examination required

3-33  by the board.

3-34    Sec. 8.  NRS 648.060 is hereby amended to read as follows:

3-35    648.060  1.  No person may:

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

3-37  process server, repossessor, dog handler, security consultant, [or]

3-38  polygraphic examiner or intern[;] , or thermal technician; 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 this chapter.

3-42    2.  No person may be employed by a licensee unless the person holds a

3-43  work card issued by the sheriff of the county in which the work is to be

3-44  performed. The provisions of this subsection do not apply to a person

3-45  licensed pursuant to this chapter.

3-46    3.  A person licensed pursuant to this chapter may employ only another

3-47  licensee, or a nonlicensed person who:

3-48    (a) Is at least 18 years of age.

4-1    (b) Is a citizen of the United States or lawfully entitled to remain and

4-2  work in the United States.

4-3    (c) Is of good moral character and temperate habits.

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

4-5  turpitude or the illegal use or possession of a dangerous weapon.

4-6    Sec. 9.  NRS 648.100 is hereby amended to read as follows:

4-7    648.100  1.  [The] Except as otherwise provided in section 3 of this

4-8  act, the board shall require an applicant to pass a written examination for

4-9  an initial license and may require an applicant to pass an oral examination.

4-10  Examinations must be given at least four times a year.

4-11    2.  The board shall conduct such investigation of an applicant,

4-12  including the directors and officers of a corporate applicant, as it considers

4-13  necessary. An applicant shall deposit with the board at the time of making

4-14  an initial application for any license a fee of $750 for the first category of

4-15  license and $250 for each additional category of license for which

4-16  application is made, which must be applied to the cost of conducting the

4-17  investigation. An individual applicant who is a resident of [Nevada] this

4-18  state is liable for the entire cost of the investigation up to a maximum cost

4-19  of $1,500 for the first category of license and $500 for each additional

4-20  category of license for which application is made. A corporate applicant or

4-21  an individual applicant who is not a resident of [Nevada] this state is liable

4-22  for the entire cost of the investigation. Each applicant must pay the entire

4-23  fee for which he is liable before taking an examination.

4-24    3.  The board may refuse to grant a license if it determines that the

4-25  applicant has:

4-26    (a) Committed any act which if committed by a licensee would be a

4-27  ground for the suspension or revocation of a license under this chapter.

4-28    (b) Committed any act constituting dishonesty or fraud.

4-29    (c) Demonstrated untruthfulness or a lack of integrity.

4-30    (d) Been refused a license under this chapter or had a license revoked.

4-31    (e) Been an officer, director, partner or manager of any firm,

4-32  partnership, association or corporation which has been refused a license

4-33  under this chapter or whose license has been revoked.

4-34    (f) While unlicensed, performed any act for which a license is required

4-35  by this chapter.

4-36    (g) Knowingly made any false statement in his application.

4-37    (h) Refused to provide any information required by the board.

4-38    4.  The board shall provide the applicant with a copy of the report of

4-39  the investigation within a reasonable [time] period after it receives the

4-40  completed report.

4-41    Sec. 10.  Notwithstanding the amendatory provisions of section 7 of

4-42  this act, the governor shall, as soon as practicable after the effective date of

4-43  this section, appoint to the private investigator’s licensing board for an

4-44  initial term, a person who has at least 5 years of experience as a thermal

4-45  technician as that term is defined in section 2 of this act.

4-46    Sec. 11.  Notwithstanding the amendatory provisions of section 8 of

4-47  this act, a person who engages in business as a thermal technician, as that

4-48  term is defined in section 2 of this act, is not required to be licensed as a

5-1  thermal technician pursuant to the provisions of this act before January 1,

5-2  2002.

5-3    Sec. 12.  The amendatory provisions of this act do not apply to

5-4  offenses committed before January 1, 2002.

5-5    Sec. 13.  1.  This section and section 10 of this act become effective

5-6  upon passage and approval.

5-7    2.  Sections 1 to 9, inclusive, and 11 and 12 of this act become effective

5-8  on July 1, 2001.

 

5-9  H