(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 416–Senator Schneider

 

March 19, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Exempts certain persons and governmental entities from provisions governing licensure of private investigators. (BDR 54‑933)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to private investigators; exempting certain persons and governmental entities from the provisions governing licensure of private investigators; 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 648.018 is hereby amended to read as follows:

1-2    648.018  Except as to polygraphic examiners and interns, this chapter

1-3  does not apply:

1-4    1.  To any detective or officer belonging to the law enforcement

1-5  agencies of the State of Nevada or the United States, or of any county or

1-6  city of the State of Nevada, while the detective or officer is engaged in the

1-7  performance of his official duties.

1-8    2.  To special police officers appointed by the police department of any

1-9  city, county, or city and county within the State of Nevada while the officer

1-10  is engaged in the performance of his official duties.

1-11    3.  To insurance adjusters and their associate adjusters licensed

1-12  pursuant to the Nevada Insurance Adjusters Law who are not otherwise

1-13  engaged in the business of private investigators.

1-14    4.  To any private investigator, private patrolman, process server, dog

1-15  handler or security consultant employed by an employer regularly in

1-16  connection with the affairs of that employer if a bona fide employer-

1-17  employee relationship exists, except as otherwise provided in NRS

1-18  648.060, 648.140 and 648.203.

1-19    5.  To a repossessor employed exclusively by one employer regularly

1-20  in connection with the affairs of that employer if a bona fide employer-

1-21  employee relationship exists, except as otherwise provided in NRS

1-22  648.060, 648.140 and 648.203.

2-1    6.  To a person engaged exclusively in the business of obtaining and

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

2-3    7.  To a charitable philanthropic society or association incorporated

2-4  under the laws of this state which is organized and maintained for the

2-5  public good and not for private profit.

2-6    8.  To an attorney at law in performing his duties as such.

2-7    9.  To a collection agency unless engaged in business as a repossessor,

2-8  licensed by the commissioner of financial institutions, or an employee

2-9  thereof while acting within the scope of his employment while making an

2-10  investigation incidental to the business of the agency, including an

2-11  investigation of the location of a debtor or his assets and of property which

2-12  the client has an interest in or lien upon.

2-13    10.  To admitted insurers and agents and insurance brokers licensed by

2-14  the state[,] performing duties in connection with insurance transacted by

2-15  them.

2-16    11.  To any bank organized pursuant to the laws of this state or to any

2-17  national bank engaged in banking in this state.

2-18    12.  To any person employed to administer a program of supervision

2-19  for persons who are serving terms of residential confinement.

2-20    13.  To any person who acts as a customer of a business or a client of

2-21  a business organization or governmental entity for the purpose of

2-22  evaluating the service provided to customers or clients by the employees

2-23  of the business, business organization or governmental entity, the

2-24  operational procedures and cleanliness of the business, business

2-25  organization or governmental entity, and the quality, availability and

2-26  prices of the goods and services of the business, business organization or

2-27  governmental entity if:

2-28    (a) The person uses a questionnaire approved by the business,

2-29  business organization or governmental entity to record those

2-30  observations;

2-31    (b) The information contained in the questionnaire is not used as the

2-32  sole basis to discipline or discharge an employee of the business,

2-33  business organization or governmental entity;

2-34    (c) The information contained in the questionnaire is used to provide

2-35  training or incentives to employees of the business, business organization

2-36  or governmental entity; and

2-37    (d) The person does not engage in any investigation or observation of

2-38  an employee of the business, business organization or governmental

2-39  entity for the purpose of determining whether the employee has

2-40  committed a crime.

2-41    Sec. 2.  This act becomes effective upon passage and approval.

 

2-42  H