Assembly Bill No. 155–Committee on Judiciary
(On Behalf of the Attorney General)
February 18, 2003
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes regarding authorizing background checks to ensure compliance with federal law authorizing Federal Bureau of Investigation to exchange records of criminal history with officials of state and local government for purposes of employment and licensing. (BDR 14‑430)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
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 records of criminal history; making various changes regarding authorizing background checks to ensure compliance with the federal law that authorizes the Federal Bureau of Investigation to exchange records of criminal history with officials of state and local government for purposes of employment and licensing; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Nevada Highway Patrol Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository in the manner recommended by the Advisory Committee and approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division in the manner prescribed by the Director of the Department. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the
Department,
within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of a biological specimen of a person
who is convicted of an offense listed in subsection 4 of
NRS 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
5. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of
any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints and written permission authorizing the agency or political subdivision to forward the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for its report.
6. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the Superintendent of Public Instruction if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose
fingerprints were sent previously to the Central Repository for
investigation,
who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are recommended by the Advisory Committee and approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau, for submission to the Legislature, or the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The Central Repository may:
(a) At the recommendation of the Advisory Committee and in the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information
contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) “Advisory Committee” means the committee established by the Director of the Department pursuant to NRS 179A.078.
(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
1-1 Sec. 2. NRS 179A.200 is hereby amended to read as follows:
1-2 179A.200 1. An employer may request from the Central
1-3 Repository notice of information relating to sexual offenses
1-4 concerning an employee.
1-5 2. A request for notice of information relating to sexual
1-6 offenses from an employer must conform to the requirements of the
1-7 Central Repository. The request must include:
1-8 (a) The name and address of the employer, and the name and
1-9 signature of the person requesting the notice on behalf of the
1-10 employer;
1-11 (b) The name and address of the employer’s facility in which the
1-12 employee is employed or seeking to become employed;
1-13 (c) The name, a complete set of fingerprints and other
1-14 identifying information of the employee;
1-15 (d) Signed consent by the employee [to a] authorizing:
1-16 (1) The employer to forward the fingerprints of the
1-17 employee to the Central Repository for submission to the Federal
1-18 Bureau of Investigation for its report;
1-19 (2) A search of information relating to sexual offenses
1-20 concerning [him, and for] the employee; and
1-21 (3) The release of a notice concerning that information;
1-22 (e) The mailing address of the employee or a signed waiver of
1-23 the right of the employee to be sent a copy of the information
1-24 disseminated to the employer as a result of the search of the records
1-25 of criminal history; and
1-26 (f) The signature of the employee indicating that he has been
1-27 notified of:
1-28 (1) The types of information for which notice is subject to
1-29 dissemination pursuant to NRS 179A.210, or a description of the
1-30 information;
2-1 (2) The employer’s right to require a check of the records of
2-2 criminal history as a condition of employment; and
2-3 (3) The employee’s right, pursuant to NRS 179A.150, to
2-4 challenge the accuracy or sufficiency of any information
2-5 disseminated to the employer.
2-6 Sec. 3. NRS 202.3657 is hereby amended to read as follows:
2-7 202.3657 1. Any person who is a resident of this state may
2-8 apply to the sheriff of the county in which he resides for a permit on
2-9 a form prescribed by regulation of the Department. Any person who
2-10 is not a resident of this state may apply to the sheriff of any county
2-11 in this state for a permit on a form prescribed by regulation of the
2-12 Department. Application forms for permits must be furnished by the
2-13 sheriff of each county upon request.
2-14 2. Except as otherwise provided in this section, the sheriff shall
2-15 issue a permit for one or more specific firearms to any person who is
2-16 qualified to possess each firearm under state and federal law, who
2-17 submits an application in accordance with the provisions of this
2-18 section and who:
2-19 (a) Is 21 years of age or older;
2-20 (b) Is not prohibited from possessing a firearm pursuant to NRS
2-21 202.360; and
2-22 (c) Demonstrates competence with each firearm by presenting a
2-23 certificate or other documentation to the sheriff which shows that he:
2-24 (1) Successfully completed a course in firearm safety
2-25 approved by a sheriff in this state; or
2-26 (2) Successfully completed a course in firearm safety offered
2-27 by a federal, state or local law enforcement agency, community
2-28 college, university or national organization that certifies instructors
2-29 in firearm safety.
2-30 Such a course must include instruction in the use of each firearm to
2-31 which the application pertains and in the laws of this state relating to
2-32 the use of a firearm. A sheriff may not approve a course in firearm
2-33 safety pursuant to subparagraph (1) unless he determines that the
2-34 course meets any standards that are established by the Nevada
2-35 Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs
2-36 Association ceases to exist, its legal successor.
2-37 3. The sheriff shall deny an application or revoke a permit if he
2-38 determines that the applicant or permittee:
2-39 (a) Has an outstanding warrant for his arrest.
2-40 (b) Has been judicially declared incompetent or insane.
2-41 (c) Has been voluntarily or involuntarily admitted to a mental
2-42 health facility during the immediately preceding 5 years.
2-43 (d) Has habitually used intoxicating liquor or a controlled
2-44 substance to the extent that his normal faculties are impaired. For the
2-45 purposes of this paragraph, it is presumed that a person has so used
3-1 intoxicating liquor or a controlled substance if, during the
3-2 immediately preceding 5 years, he has been:
3-3 (1) Convicted of violating the provisions of NRS 484.379; or
3-4 (2) Committed for treatment pursuant to NRS 458.290 to
3-5 458.350, inclusive.
3-6 (e) Has been convicted of a crime involving the use or threatened
3-7 use of force or violence punishable as a misdemeanor under the laws
3-8 of this or any other state, or a territory or possession of the United
3-9 States at any time during the immediately preceding 3 years.
3-10 (f) Has been convicted of a felony in this state or under the laws
3-11 of any state, territory or possession of the United States.
3-12 (g) Has been convicted of a crime involving domestic violence
3-13 or stalking, or is currently subject to a restraining order, injunction or
3-14 other order for protection against domestic violence.
3-15 (h) Is currently on parole or probation from a conviction
3-16 obtained in this state or in any other state or territory or possession of
3-17 the United States.
3-18 (i) Has, within the immediately preceding 5 years, been subject
3-19 to any requirements imposed by a court of this state or of any other
3-20 state or territory or possession of the United States, as a condition to
3-21 the court’s:
3-22 (1) Withholding of the entry of judgment for his conviction of
3-23 a felony; or
3-24 (2) Suspension of his sentence for the conviction of a felony.
3-25 (j) Has made a false statement on any application for a permit or
3-26 for the renewal of a permit.
3-27 4. The sheriff may deny an application or revoke a permit if he
3-28 receives a sworn affidavit stating articulable facts based upon
3-29 personal knowledge from any natural person who is 18 years of age
3-30 or older that the applicant or permittee has or may have committed
3-31 an offense or engaged in any other activity specified in subsection 3
3-32 which would preclude the issuance of a permit to the applicant or
3-33 require the revocation of a permit pursuant to this section.
3-34 5. If the sheriff receives notification submitted by a court or law
3-35 enforcement agency of this or any other state, the United States or a
3-36 territory or possession of the United States that a permittee or an
3-37 applicant for a permit has been charged with a crime involving the
3-38 use or threatened use of force or violence, the conviction for which
3-39 would require the revocation of a permit or preclude the issuance of
3-40 a permit to the applicant pursuant to this section, the sheriff shall
3-41 suspend the person’s permit or the processing of his application until
3-42 the final disposition of the charges against him. If a permittee is
3-43 acquitted of the charges against him, or if the charges are dropped,
3-44 the sheriff shall restore his permit without imposing a fee.
4-1 6. An application submitted pursuant to this section must be
4-2 completed and signed under oath by the applicant. The applicant’s
4-3 signature must be witnessed by an employee of the sheriff or
4-4 notarized by a notary public. The application must include:
4-5 (a) The name, address, place and date of birth, social security
4-6 number, occupation and employer of the applicant and any other
4-7 names used by the applicant;
4-8 (b) A complete set of the applicant’s fingerprints taken by the
4-9 sheriff or his agent[;] and written permission authorizing the
4-10 sheriff to forward the fingerprints to the Central Repository for
4-11 Nevada Records of Criminal History for submission to the Federal
4-12 Bureau of Investigation for its report;
4-13 (c) A front-view colored photograph of the applicant taken by
4-14 the sheriff or his agent;
4-15 (d) If the applicant is a resident of this state, the driver’s license
4-16 number or identification card number of the applicant issued by the
4-17 Department of Motor Vehicles;
4-18 (e) If the applicant is not a resident of this state, the driver’s
4-19 license number or identification card number of the applicant issued
4-20 by another state or jurisdiction;
4-21 (f) The make, model and caliber of each firearm to which the
4-22 application pertains;
4-23 (g) A nonrefundable fee in the amount necessary to obtain the
4-24 report required pursuant to subsection 1 of NRS 202.366; and
4-25 (h) A nonrefundable fee set by the sheriff not to exceed $60.
4-26 Sec. 4. NRS 202.366 is hereby amended to read as follows:
4-27 202.366 1. Upon receipt by a sheriff of an application for a
4-28 permit, the sheriff shall conduct an investigation of the applicant to
4-29 determine if he is eligible for a permit. In conducting the
4-30 investigation, the sheriff shall forward a complete set of the
4-31 applicant’s fingerprints to the Central Repository for Nevada
4-32 Records of Criminal History [and] for submission to the Federal
4-33 Bureau of Investigation for [a] its report concerning the criminal
4-34 history of the applicant. The sheriff shall issue a permit to the
4-35 applicant unless he is not qualified to possess a handgun pursuant to
4-36 state or federal law or is not otherwise qualified to obtain a permit
4-37 pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations
4-38 adopted pursuant thereto.
4-39 2. To assist the sheriff in conducting his investigation, any
4-40 local law enforcement agency, including the sheriff of any county,
4-41 may voluntarily submit to the sheriff a report or other information
4-42 concerning the criminal history of an applicant.
4-43 3. Within 120 days after a complete application for a permit is
4-44 submitted, the sheriff to whom the application is submitted shall
4-45 grant or deny the application. If the application is denied, the sheriff
5-1 shall send the applicant written notification setting forth the reasons
5-2 for the denial. If the application is granted, the sheriff shall provide
5-3 the applicant with a permit containing a colored photograph of the
5-4 applicant and containing such other information as may be
5-5 prescribed by the department. The permit must be in substantially
5-6 the following form:
5-7 NEVADA CONCEALED FIREARM PERMIT
5-8 County................... Permit Number........
5-9 Expires................... Date of Birth............
5-10 Height.................... Weight......................
5-11 Name..................... Address.....................
5-12 City........................ Zip............................
5-13 Photograph
5-14 Signature..........
5-15 Issued by...........
5-16 Date of Issue....
5-17 Make, model and caliber of each authorized firearm
5-18 4. Unless suspended or revoked by the sheriff who issued the
5-19 permit, a permit expires:
5-20 (a) If the permittee was a resident of this state at the time the
5-21 permit was issued, on the fifth anniversary of the permittee’s
5-22 birthday, measured from the birthday nearest the date of issuance or
5-23 renewal.
5-24 (b) If the permittee was not a resident of this state at the time the
5-25 permit was issued, on the third anniversary of the permittee’s
5-26 birthday, measured from the birthday nearest the date of issuance or
5-27 renewal.
5-28 5. If the date of birth of a permittee is on February 29 in a leap
5-29 year, for the purposes of NRS 202.3653 to 202.369, inclusive, his
5-30 date of birth shall be deemed to be on February 28.
5-31 Sec. 5. NRS 239B.010 is hereby amended to read as follows:
5-32 239B.010 1. Any agency of the State or any political
5-33 subdivision may request of and receive from the Federal Bureau of
5-34 Investigation information on the background and personal history of
5-35 any person:
5-36 [1.] (a) Who has applied to it for a license which it has the
5-37 power to grant or deny;
5-38 [2.] (b) With whom it intends to enter into a relationship of
5-39 employment or a contract for personal services; or
5-40 [3.] (c) About whom it has a legitimate need to have accurate
5-41 personal information for the protection of the agency or the people
5-42 within its jurisdiction.
6-1 2. To request and receive information from the Federal
6-2 Bureau of Investigation concerning a person pursuant to
6-3 subsection 1, the agency or political subdivision shall require the
6-4 person to submit a complete set of his fingerprints and written
6-5 permission authorizing the agency or political subdivision to
6-6 forward the fingerprints to the Central Repository for Nevada
6-7 Records of Criminal History for submission to the Federal Bureau
6-8 of Investigation for its report.
6-9 Sec. 6. NRS 391.033 is hereby amended to read as follows:
6-10 391.033 1. All licenses for teachers and other educational
6-11 personnel are granted by the Superintendent of Public Instruction
6-12 pursuant to regulations adopted by the Commission and as
6-13 otherwise provided by law.
6-14 2. An application for the issuance of a license must include the
6-15 social security number of the applicant.
6-16 3. Every applicant for a license must submit with his
6-17 application a complete set of his fingerprints and written permission
6-18 authorizing the Superintendent to forward the fingerprints to the
6-19 Central Repository for Nevada Records of Criminal History for its
6-20 report on the criminal history of the applicant and for submission
6-21 to the Federal Bureau of Investigation [and to the Central
6-22 Repository for Nevada Records of Criminal History for their
6-23 reports] for its report on the criminal history of the applicant.
6-24 4. The Superintendent may issue a provisional license pending
6-25 receipt of the reports of the Federal Bureau of Investigation and the
6-26 Central Repository for Nevada Records of Criminal History if he
6-27 determines that the applicant is otherwise qualified.
6-28 5. A license must be issued to an applicant if:
6-29 (a) The Superintendent determines that the applicant is
6-30 qualified;
6-31 (b) The reports on the criminal history of the applicant from the
6-32 Federal Bureau of Investigation and the Central Repository for
6-33 Nevada Records of Criminal History:
6-34 (1) Do not indicate that the applicant has been convicted of a
6-35 felony or any offense involving moral turpitude; or
6-36 (2) Indicate that the applicant has been convicted of a felony
6-37 or an offense involving moral turpitude but the Superintendent
6-38 determines that the conviction is unrelated to the position within the
6-39 county school district for which the applicant applied; and
6-40 (c) The applicant submits the statement required pursuant to
6-41 NRS 391.034.
6-42 Sec. 7. NRS 391.100 is hereby amended to read as follows:
6-43 391.100 1. The board of trustees of a school district may
6-44 employ a superintendent of schools, teachers and all other necessary
6-45 employees.
7-1 2. The board of trustees of a school district:
7-2 (a) May employ teacher aides and other auxiliary,
7-3 nonprofessional personnel to assist licensed personnel in the
7-4 instruction or supervision of children, either in the classroom or at
7-5 any other place in the school or on the grounds thereof; and
7-6 (b) Shall establish policies governing the duties and
7-7 performance of teacher aides.
7-8 3. Each applicant for employment pursuant to this section,
7-9 except a teacher or other person licensed by the Superintendent of
7-10 Public Instruction, must, as a condition to employment, submit to
7-11 the school district a full set of his fingerprints and written
7-12 permission authorizing the school district to forward the fingerprints
7-13 to the Central Repository for Nevada Records of Criminal History
7-14 for its report on the criminal history of the applicant and for
7-15 submission to the Federal Bureau of Investigation [and the Central
7-16 Repository for Nevada Records of Criminal History for their
7-17 reports] for its report on the criminal history of the applicant.
7-18 4. Except as otherwise provided in subsection 5, the board of
7-19 trustees of a school district shall not require a licensed teacher or
7-20 other person licensed by the Superintendent of Public Instruction
7-21 pursuant to NRS 391.033 who has taken a leave of absence from
7-22 employment authorized by the school district, including, without
7-23 limitation:
7-24 (a) Sick leave;
7-25 (b) Sabbatical leave;
7-26 (c) Personal leave;
7-27 (d) Leave for attendance at a regular or special session of the
7-28 Legislature of this state if the employee is a member thereof;
7-29 (e) Maternity leave; and
7-30 (f) Leave permitted by the Family and Medical Leave Act of
7-31 1993, 29 U.S.C. §§ 2601 et seq.,
7-32 to submit a set of his fingerprints as a condition of return to or
7-33 continued employment with the school district if the employee is in
7-34 good standing when the employee began the leave.
7-35 5. A board of trustees of a school district may ask the
7-36 Superintendent of Public Instruction to require a person licensed by
7-37 the Superintendent of Public Instruction pursuant to NRS 391.033
7-38 who has taken a leave of absence from employment authorized by
7-39 the school district to submit a set of his fingerprints as a condition of
7-40 return to or continued employment with the school district if the
7-41 board of trustees has probable cause to believe that the person has
7-42 committed a felony or an offense involving moral turpitude during
7-43 the period of his leave of absence.
7-44 6. The board of trustees of a school district may employ or
7-45 appoint persons to serve as school police officers. If the board of
8-1 trustees of a school district employs or appoints persons to serve as
8-2 school police officers, the board of trustees shall employ a law
8-3 enforcement officer to serve as the chief of school police who is
8-4 supervised by the superintendent of schools of the school district.
8-5 The chief of school police shall supervise each person appointed or
8-6 employed by the board of trustees as a school police officer. In
8-7 addition, persons who provide police services pursuant to subsection
8-8 7 or 8 shall be deemed school police officers.
8-9 7. The board of trustees of a school district in a county that has
8-10 a metropolitan police department created pursuant to chapter 280 of
8-11 NRS[,] may contract with the metropolitan police department for
8-12 the provision and supervision of police services in the public
8-13 schools within the jurisdiction of the metropolitan police department
8-14 and on property therein that is owned by the school district. If a
8-15 contract is entered into pursuant to this subsection, the contract must
8-16 make provision for the transfer of each school police officer
8-17 employed by the board of trustees to the metropolitan police
8-18 department. If the board of trustees of a school district contracts
8-19 with a metropolitan police department pursuant to this subsection,
8-20 the board of trustees shall, if applicable, cooperate with appropriate
8-21 local law enforcement agencies within the school district for the
8-22 provision and supervision of police services in the public schools
8-23 within the school district and on property owned by the school
8-24 district, but outside the jurisdiction of the metropolitan police
8-25 department.
8-26 8. The board of trustees of a school district in a county that
8-27 does not have a metropolitan police department created pursuant to
8-28 chapter 280 of NRS may contract with the sheriff of that county for
8-29 the provision of police services in the public schools within the
8-30 school district and on property therein that is owned by the school
8-31 district.
8-32 Sec. 8. NRS 394.465 is hereby amended to read as follows:
8-33 394.465 1. Except as otherwise provided in subsection 4,
8-34 before a postsecondary educational institution employs or contracts
8-35 with a person:
8-36 (a) To occupy an instructional position;
8-37 (b) To occupy an administrative or financial position, including
8-38 a position as school director, personnel officer, counselor, admission
8-39 representative, solicitor, canvasser, surveyor, financial aid officer or
8-40 any similar position; or
8-41 (c) To act as an agent for the institution,
8-42 the applicant must submit to the Administrator completed
8-43 fingerprint cards and a form authorizing an investigation of the
8-44 applicant’s background and the submission of a complete set of his
8-45 fingerprints to the Central Repository for Nevada Records of
9-1 Criminal History [and] for its report and for submission to the
9-2 Federal Bureau of Investigation[.] for its report. The fingerprint
9-3 cards and authorization form submitted must be those which are
9-4 provided to the applicant by the Administrator. The applicant’s
9-5 fingerprints must be taken by an agency of law enforcement.
9-6 2. The Administrator shall keep the results of the investigation
9-7 confidential, except that if the investigation discloses that the
9-8 applicant has been convicted of any felony, the Administrator shall
9-9 notify the applicant and the hiring institution of the conviction and
9-10 the nature of the offense.
9-11 3. The applicant shall pay the cost of the investigation.
9-12 4. An applicant is not required to satisfy the requirements of
9-13 subsection 1 if he:
9-14 (a) Is licensed by the Superintendent of Public Instruction;
9-15 (b) Is an employee of the United States Department of Defense;
9-16 (c) Is a member of the faculty of an accredited postsecondary
9-17 educational institution in another state who is domiciled in a state
9-18 other than Nevada and is present in Nevada for a temporary period
9-19 to teach at a branch of that accredited institution; or
9-20 (d) Has satisfied the requirements of subsection 1 within the
9-21 immediately preceding 5 years.
9-22 Sec. 9. NRS 450B.800 is hereby amended to read as follows:
9-23 450B.800 An applicant for any permit, license or certificate
9-24 issued pursuant to this chapter shall furnish to the health authority a
9-25 complete set of his fingerprints and written permission authorizing
9-26 the health authority to forward those fingerprints to the Central
9-27 Repository for Nevada Records of Criminal History for submission
9-28 to the Federal Bureau of Investigation for its report. The health
9-29 authority may exchange with the Federal Bureau of Investigation
9-30 any information respecting the fingerprints of an applicant.
9-31 Sec. 10. NRS 463.4095 is hereby amended to read as follows:
9-32 463.4095 1. To register with or request the approval of the
9-33 Executive Director, a qualified organization must submit to him:
9-34 (a) A written application containing:
9-35 (1) The name, address and nature of the organization.
9-36 (2) Proof that the organization is a qualified organization.
9-37 (3) The names of the officers or principals of the
9-38 organization, and of any person responsible for the management,
9-39 administration or supervision of the organization’s charitable bingo
9-40 games and any activities related to those bingo games.
9-41 (4) A description of all the prizes to be offered in charitable
9-42 bingo games operated by the organization during the calendar year
9-43 to which the application pertains and, if the approval of the
9-44 Executive Director is required, a summary of the anticipated
9-45 expenses of conducting those bingo games, including copies of any
10-1 proposed agreements between the organization and any suppliers of
10-2 material for the operation of those bingo games.
10-3 (5) A description of the intended use of the net proceeds of
10-4 charitable bingo games operated by the organization during the
10-5 calendar year to which the application pertains.
10-6 (6) The address of the location where charitable bingo games
10-7 will be conducted by the organization during the calendar year to
10-8 which the application pertains.
10-9 (7) A statement that charitable bingo games will be
10-10 conducted in accordance with standards of honesty and integrity
10-11 applicable to licensed bingo games in this state.
10-12 (8) Any other information the Executive Director deems
10-13 appropriate.
10-14 (b) A nonrefundable fee of:
10-15 (1) For registration, $10; or
10-16 (2) For a request for approval, $25.
10-17 (c) If the qualified organization requests approval of the
10-18 Executive Director, it must [submit the] :
10-19 (1) Submit a complete set of the fingerprints of its officers,
10-20 principals and persons responsible for management of the bingo
10-21 games[,] on forms approved by the Executive Director ;
10-22 (2) Submit written permission of each officer, principal and
10-23 person responsible for management of the bingo games
10-24 authorizing the Executive Director to forward the fingerprints to
10-25 the Central Repository for Nevada Records of Criminal History
10-26 for submission to the Federal Bureau of Investigation for its
10-27 report; and [must reimburse]
10-28 (3) Reimburse the Board for its costs incurred in submitting
10-29 the fingerprints for review.
10-30 2. A qualified organization shall submit such additional
10-31 information as necessary to correct or complete any information
10-32 submitted pursuant to this section that becomes inaccurate or
10-33 incomplete. The approval of a qualified organization is suspended
10-34 during the period that any of the information is inaccurate or
10-35 incomplete. The Executive Director may reinstate the approval of
10-36 the organization only after all information has been corrected and
10-37 completed.
10-38 3. The money collected pursuant to this section must be
10-39 expended to administer and enforce the provisions of NRS 463.4091
10-40 to 463.40965, inclusive.
10-41 Sec. 11. NRS 463.520 is hereby amended to read as follows:
10-42 463.520 A corporation, other than a publicly traded
10-43 corporation, which applies for a state gaming license shall register
10-44 as a corporation with the Board, and shall provide the following
10-45 information to the Board:
11-1 1. The organization, financial structure and nature of the
11-2 business to be operated, including the names, personal history and a
11-3 complete set of fingerprints of all officers, directors and key
11-4 employees, written permission of each officer, director and key
11-5 employee authorizing the Board to forward the fingerprints to the
11-6 Central Repository for Nevada Records of Criminal History for
11-7 submission to the Federal Bureau of Investigation for its report,
11-8 and the names, addresses and number of shares held by all
11-9 stockholders.
11-10 2. The rights and privileges acquired by the holders of different
11-11 classes of authorized securities, including debentures.
11-12 3. The terms on which securities are to be offered.
11-13 4. The terms and conditions of all outstanding loans,
11-14 mortgages, trust deeds, pledges or any other indebtedness or security
11-15 device.
11-16 5. The extent of the equity security holding in the corporation
11-17 of all officers, directors and underwriters, and their remuneration as
11-18 compensation for services, in the form of salary, wages, fees or
11-19 otherwise.
11-20 6. Remuneration to persons other than directors and officers
11-21 exceeding $30,000 per annum.
11-22 7. Bonus and profit-sharing arrangements.
11-23 8. Management and service contracts.
11-24 9. Options existing, or to be created.
11-25 10. Balance sheets for at least 3 preceding fiscal years, or, if
11-26 the corporation has not been incorporated for a period of 3 years,
11-27 balance sheets from the time of its incorporation. All balance sheets
11-28 shall be certified by independent public accountants certified or
11-29 registered in the State of Nevada.
11-30 11. Profit and loss statements for at least the 3 preceding fiscal
11-31 years, or, if the corporation has not been incorporated for a period of
11-32 3 years, profit and loss statements from the time of its incorporation.
11-33 All profit and loss statements shall be certified by independent
11-34 public accountants certified or registered in the State of Nevada.
11-35 12. Any further financial data which the Board may deem
11-36 necessary or appropriate for the protection of the State of Nevada, or
11-37 licensed gambling, or both.
11-38 Sec. 12. NRS 463.568 is hereby amended to read as follows:
11-39 463.568 The limited partnership which applies for a state
11-40 gaming license shall register as a limited partnership with the Board,
11-41 and shall provide the following information to the Board:
11-42 1. The organization, financial structure and nature of the
11-43 business to be operated, including the names, personal history and a
11-44 complete set of the fingerprints of all general partners and key
11-45 employees, written permission of each general partner and key
12-1 employee authorizing the Board to forward the fingerprints to the
12-2 Central Repository for Nevada Records of Criminal History for
12-3 submission to the Federal Bureau of Investigation for its report,
12-4 and the name, address and interest of each limited partner.
12-5 2. The rights, privileges and relative priorities of limited
12-6 partners as to the return of contributions to capital, and the right to
12-7 receive income.
12-8 3. The terms on which limited partnership interests are to be
12-9 offered.
12-10 4. The terms and conditions of all outstanding loans,
12-11 mortgages, trust deeds, pledges or any other indebtedness or security
12-12 device.
12-13 5. The extent of the holding in the limited partnership of all
12-14 underwriters, and their remuneration as compensation for services,
12-15 in the form of salary, wages, fees or otherwise.
12-16 6. Remuneration to persons other than general partners
12-17 exceeding $30,000 per annum.
12-18 7. Bonus and profit-sharing arrangements.
12-19 8. Management and service contracts.
12-20 9. Options existing, or to be created.
12-21 10. Balance sheets for at least the 3 preceding fiscal years, or,
12-22 if the limited partnership has not been in existence for 3 years,
12-23 balance sheets from the time of its formation. All balance sheets
12-24 must be certified by independent public accountants certified or
12-25 registered in this state.
12-26 11. Profit and loss statements for at least the 3 preceding fiscal
12-27 years, or, if the limited partnership has not been in existence for 3
12-28 years, profit and loss statements from the time of its formation. All
12-29 profit and loss statements must be certified by independent public
12-30 accountants certified or registered in this state.
12-31 12. Any further financial data which the Board may deem
12-32 necessary or appropriate for the protection of the State of Nevada, or
12-33 licensed gambling, or both.
12-34 Sec. 13. NRS 463.5734 is hereby amended to read as follows:
12-35 463.5734 A limited-liability company which applies for a
12-36 license shall register as a limited-liability company with the Board,
12-37 and shall provide the following information to the Board:
12-38 1. The organization, financial structure and nature of the
12-39 business to be operated, including the names, personal history and a
12-40 complete set of the fingerprints of each director, manager, member
12-41 and key employee[.] and written permission of each director,
12-42 manager, member and key employee authorizing the Board to
12-43 forward the fingerprints to the Central Repository for Nevada
12-44 Records of Criminal History for submission to the Federal Bureau
12-45 of Investigation for its report.
13-1 2. The rights, privileges and relative priorities of the members
13-2 as to the return of contributions to capital and the right to receive
13-3 distribution of profits.
13-4 3. The terms on which interests in the limited-liability
13-5 company are to be offered.
13-6 4. The terms and conditions of all outstanding loans,
13-7 mortgages, trust deeds, pledges and any other indebtedness or
13-8 security device.
13-9 5. The extent of the holding in the limited-liability company of
13-10 all underwriters, and their remuneration as compensation for
13-11 services, in the form of salary, wages, fees or otherwise.
13-12 6. Remuneration to persons other than directors and managers
13-13 exceeding $30,000 per annum.
13-14 7. Bonus and profit-sharing arrangements.
13-15 8. Management and service contracts.
13-16 9. Options existing, or to be created.
13-17 10. Balance sheets for at least the 3 preceding fiscal years, or,
13-18 if the limited-liability company has not been in existence for 3
13-19 years, balance sheets from the time of its formation. All balance
13-20 sheets must be certified by independent public accountants certified
13-21 or registered in this state.
13-22 11. Profit and loss statements for at least the 3 preceding fiscal
13-23 years, or, if the limited-liability company has not been in existence
13-24 for 3 years, profit and loss statements from the time of its formation.
13-25 All profit and loss statements must be certified by independent
13-26 public accountants certified or registered in this state.
13-27 12. Any further financial data which the Board may deem
13-28 necessary or appropriate for the protection of the State of Nevada ,
13-29 or licensed gambling, or both.
13-30 Sec. 14. NRS 463A.030 is hereby amended to read as follows:
13-31 463A.030 1. Not later than the date on which a labor
13-32 organization which represents or seeks to represent gaming casino
13-33 employees in this state begins an organizational activity directed at a
13-34 gaming casino employee, the labor organization shall file with the
13-35 Board a list of its personnel who:
13-36 (a) Adjust or seek to adjust grievances for, negotiate or
13-37 administer the wages, hours, working conditions or conditions of
13-38 employment of any gaming casino employee;
13-39 (b) Solicit, collect or receive , or seek to solicit, collect or
13-40 receive any dues, assessments, levies, fines, contributions or other
13-41 charges within this state for or on behalf of the organization from
13-42 gaming casino employees; or
13-43 (c) Act as officers, members of the governing body, business
13-44 agents or in any other policymaking or supervisory position in the
13-45 organization.
14-1 2. Each person listed shall file with the Board :
14-2 (a) A complete set of his fingerprints [and complete] and
14-3 written permission authorizing the Board to forward the
14-4 fingerprints to the Central Repository for Nevada Records of
14-5 Criminal History for submission to the Federal Bureau of
14-6 Investigation for its report;
14-7 (b) Complete information in writing concerning his labor
14-8 organization activities, prior performance of the same or similar
14-9 functions, previous employment or occupational history[, and
14-10 criminal] ; and
14-11 (c) His criminal record if any, covering at least a 10‑year period
14-12 unless the Board determines that a shorter period is appropriate.
14-13 3. The Commission shall by regulation prescribe the frequency
14-14 or circumstances or both with or under which the list must be
14-15 revised.
14-16 4. The Commission may by regulation prescribe:
14-17 (a) Any further information to be required concerning each
14-18 person listed or each person performing a particular function.
14-19 (b) The addition of other personnel to the list whose duties
14-20 significantly affect the conduct of a gaming operation.
14-21 5. In adopting regulations pursuant to this section, the
14-22 Commission shall proceed in the manner prescribed in chapter 463
14-23 of NRS.
14-24 6. For the purposes of this section, “organizational activity”
14-25 means:
14-26 (a) Soliciting membership by direct personal contact;
14-27 (b) Distributing cards regarding interests or representation; or
14-28 (c) Distributing or posting a flyer, poster or advertisement.
14-29 Sec. 15. NRS 467.030 is hereby amended to read as follows:
14-30 467.030 1. The members of the Commission shall elect one
14-31 of their number as Chairman of the Commission.
14-32 2. The Commission may purchase and use a seal.
14-33 3. The Commission may adopt regulations for the
14-34 administration of this chapter. The regulations must include:
14-35 (a) Number and qualifications of ring officials required at any
14-36 exhibition or contest.
14-37 (b) [Requirements that fingerprints be obtained and criminal
14-38 records be investigated for] Procedures for obtaining fingerprints
14-39 and written permission pursuant to NRS 467.100 to investigate the
14-40 criminal history of all ring officials and employees of the
14-41 Commission[.] and any other applicant the Commission wishes to
14-42 investigate.
14-43 (c) Powers, duties and compensation of ring officials.
14-44 (d) Qualifications of licensees.
15-1 4. The Commission shall prepare all forms of contracts
15-2 between sponsors, licensees, promoters and contestants.
15-3 Sec. 16. NRS 467.100 is hereby amended to read as follows:
15-4 467.100 1. All contestants, promoters, managers, seconds,
15-5 trainers and ring officials must be licensed by the Commission. No
15-6 person may participate, directly or indirectly, in any professional
15-7 contest or exhibition of unarmed combat unless he has first procured
15-8 a license from the Commission.
15-9 2. The Commission may deny an application for a license or
15-10 grant a limited, restricted or conditional license for any cause
15-11 deemed sufficient by the Commission.
15-12 3. An application for a license constitutes a request for a
15-13 determination of the applicant’s general suitability, character,
15-14 integrity, and ability to participate or engage in, or be associated
15-15 with contests or exhibitions of unarmed combat. The burden of
15-16 proof is on the applicant to establish to the satisfaction of the
15-17 Commission that the applicant is qualified to receive a license. By
15-18 filing an application with the Commission, an applicant accepts the
15-19 risk of adverse public notice, embarrassment, criticism, financial
15-20 loss or other action with respect to his application, and expressly
15-21 waives any claim for damages as a result thereof. Any written or
15-22 oral statement that is made by any member of the Commission or
15-23 any witness testifying under oath which is relevant to the application
15-24 and investigation of the applicant is absolutely privileged and does
15-25 not impose liability for defamation or constitute a ground for
15-26 recovery in a civil action.
15-27 4. The Commission shall require:
15-28 (a) Each ring official and employee of the Commission; and
15-29 (b) Any other applicant the Commission wishes to
15-30 investigate,
15-31 to submit to the Commission with the application a complete set of
15-32 his fingerprints and written permission authorizing the
15-33 Commission to forward the fingerprints to the Central Repository
15-34 for Nevada Records of Criminal History for submission to the
15-35 Federal Bureau of Investigation for its report.
15-36 5. After an application has been submitted to the Commission,
15-37 the application may not be withdrawn unless the Commission
15-38 consents to the withdrawal.
15-39 [5.] 6. The Commission shall fix a uniform scale of license
15-40 fees.
15-41 [6.] 7. In addition to the license fees required by subsection
15-42 [5,] 6, the Commission may require an applicant for a license to:
15-43 (a) Pay the costs of the proceedings associated with the issuance
15-44 of the license, including, without limitation, investigative costs and
15-45 attorney’s fees; and
16-1 (b) Deposit with the Commission such an amount of money as
16-2 the Commission deems necessary to pay for those costs. If any
16-3 amount required to be deposited pursuant to this paragraph exceeds
16-4 the actual cost of the proceedings, including, without limitation,
16-5 investigative costs and attorney’s fees, the Commission shall refund
16-6 the excess amount to the applicant upon the completion of the
16-7 proceedings.
16-8 [7.] 8. It is a violation of this chapter for any person to
16-9 participate, directly or indirectly, as stated in subsection 1, unless he
16-10 has been granted a license therefor.
16-11 Sec. 17. NRS 489.321 is hereby amended to read as follows:
16-12 489.321 1. An application for a manufacturer’s, dealer’s,
16-13 rebuilder’s, serviceman’s or installer’s license must be filed upon
16-14 forms supplied by the Division and include the social security
16-15 number of the applicant. The applicant must furnish:
16-16 (a) Any proof the Division may deem necessary that the
16-17 applicant is a manufacturer, dealer, rebuilder, serviceman or
16-18 installer.
16-19 (b) Any proof the Division may require that the applicant has an
16-20 established place of business.
16-21 (c) Any proof the Division may require of the applicant’s good
16-22 character and reputation and of his fitness to engage in the activities
16-23 for which the license is sought.
16-24 (d) A complete set of his fingerprints and written permission
16-25 authorizing the Administrator to forward those fingerprints to the
16-26 Central Repository for Nevada Records of Criminal History for
16-27 submission to the Federal Bureau of Investigation for its report.
16-28 The Administrator may exchange with the Central Repository and
16-29 the Federal Bureau of Investigation any information relating to the
16-30 fingerprints of an applicant under this section.
16-31 (e) In the case of a dealer in new manufactured homes, an
16-32 instrument in the form prescribed by the Division executed by or on
16-33 behalf of the manufacturer certifying that the applicant is an
16-34 authorized franchise dealer for the make or makes concerned.
16-35 (f) A reasonable fee fixed by regulation.
16-36 (g) In the case of a dealer, rebuilder, serviceman or installer,
16-37 proof of passing the examination required under NRS 489.351.
16-38 (h) Any additional requirements the Division may from time to
16-39 time prescribe by regulation.
16-40 2. Within 60 days after the receipt of a complete application,
16-41 the Division shall issue or deny the license.
16-42 3. The Administrator may issue a provisional license pending
16-43 receipt of the report from the Federal Bureau of Investigation. Upon
16-44 receipt of the report and a determination by the Administrator that
16-45 the applicant is qualified, the Division shall issue to the applicant a
17-1 dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s
17-2 license containing the applicant’s name and the address of his fixed
17-3 place of business.
17-4 4. Each license is valid for a period of 2 years from the date of
17-5 issuance and may be renewed for like consecutive periods upon
17-6 application to and approval by the Division.
17-7 Sec. 18. NRS 489.341 is hereby amended to read as follows:
17-8 489.341 1. A person shall not act as a salesman in this state
17-9 or as a responsible managing employee for a person who sells,
17-10 leases, reconstructs, improves, repairs or installs any manufactured
17-11 home, mobile home or commercial coach subject to the provisions
17-12 of this chapter without first having received a license from the
17-13 Division. Before issuing such a license, the Division shall require:
17-14 (a) An application, signed and verified by the applicant, stating
17-15 that he desires to act as a salesman or responsible managing
17-16 employee and providing his residential address, his social security
17-17 number and the name and address of his employer.
17-18 (b) Proof of the employment of the applicant at the time the
17-19 application is filed. An applicant for a license as a responsible
17-20 managing employee shall submit proof of 2 years’ experience within
17-21 the previous 4 years in the business in which the applicant is seeking
17-22 to be licensed as a responsible managing employee.
17-23 (c) Proof of the applicant’s good character and reputation and of
17-24 his fitness to act as a salesman or responsible managing employee.
17-25 (d) A complete set of his fingerprints and written permission
17-26 authorizing the Administrator to forward those fingerprints to the
17-27 Central Repository for Nevada Records of Criminal History for
17-28 submission to the Federal Bureau of Investigation for its report. The
17-29 Administrator may exchange with the Central Repository and
17-30 the Federal Bureau of Investigation any information relating to the
17-31 fingerprints of an applicant.
17-32 (e) A statement as to whether any previous application of the
17-33 applicant has been denied or license revoked.
17-34 (f) Payment of a reasonable license fee established by
17-35 regulation.
17-36 (g) The applicant to have passed the examination required by
17-37 NRS 489.351.
17-38 (h) Any other information the Division deems necessary.
17-39 2. Within 60 days after the receipt of a complete application,
17-40 the Division shall issue or deny the license.
17-41 3. The Administrator may issue a provisional license pending
17-42 receipt of the report from the Federal Bureau of Investigation. Upon
17-43 receipt of the report and a determination by the Administrator that
17-44 the applicant is qualified, the Administrator shall issue to the
17-45 applicant a license as a salesman or a responsible managing
18-1 employee. The license must contain the licensee’s name and the
18-2 address of his employer’s place of business.
18-3 4. Each license is valid for 2 years from the date of issuance
18-4 and may be renewed for like consecutive periods upon application
18-5 to and approval by the Division.
18-6 5. A person licensed pursuant to this section shall not engage in
18-7 sales activity other than for the account of, or for and in behalf of, a
18-8 single employer who is a licensed dealer, rebuilder, serviceman or
18-9 installer.
18-10 6. A license issued pursuant to this section may be transferred
18-11 to another licensed employer upon application and the payment of a
18-12 transfer fee of $10. When a salesman or responsible managing
18-13 employee holding a current license leaves the employment of one
18-14 dealer, rebuilder, serviceman or installer for that of another, the new
18-15 employer may employ the salesman or responsible managing
18-16 employee pending the transfer of the license if the transfer is
18-17 completed within 10 days.
18-18 7. A license issued pursuant to this section must be posted in a
18-19 conspicuous place on the premises of the employer for whom the
18-20 holder of the license is licensed.
18-21 8. If a salesman or responsible managing employee ceases to
18-22 be employed by a licensed dealer, rebuilder, serviceman[,] or
18-23 installer, his license to act as a salesman or responsible managing
18-24 employee is automatically suspended and his right to act in that
18-25 capacity immediately ceases, and he shall not engage in such an
18-26 activity until reemployed by a licensed dealer, rebuilder, serviceman
18-27 or installer. Every licensed salesman and responsible managing
18-28 employee shall report in writing to the Division every change in his
18-29 place of employment[,] or termination of employment within 5 days
18-30 after the date of making the change.
18-31 Sec. 19. NRS 574.040 is hereby amended to read as follows:
18-32 574.040 1. Except as otherwise provided in this subsection
18-33 and NRS 574.350, a member, agent or local or district officer of a
18-34 society so incorporating, if authorized in writing by the trustees of
18-35 the society, approved by the district judge of the county, and sworn
18-36 in the same manner as peace officers are sworn, may make arrests
18-37 for a violation of the provisions of this chapter in the same manner
18-38 as is provided for other officers. The provisions of this subsection
18-39 apply only to a society that, on the date the society submits an
18-40 application to the district judge for approval for a member, agent or
18-41 local or district officer of the society to make arrests pursuant to this
18-42 subsection:
18-43 (a) Has at least 25 members; and
19-1 (b) Has been incorporated in accordance with NRS 574.010 for
19-2 not less than 5 years immediately preceding the submission of the
19-3 application.
19-4 2. Before submitting an application specified in subsection 1,
19-5 the society shall [submit] :
19-6 (a) Require that each member, agent or local or district officer
19-7 of the society to whom the application relates submit to the society
19-8 a complete set of his fingerprints and written permission
19-9 authorizing the society to forward the fingerprints to the Central
19-10 Repository for Nevada Records of Criminal History for submission
19-11 to the Federal Bureau of Investigation for its report; and
19-12 (b) Submit to the sheriff of the county a complete set of the
19-13 fingerprints [of the member, agent or local or district officer of the
19-14 society to whom the application relates.] obtained pursuant to this
19-15 subsection.
19-16 3. The sheriff shall:
19-17 (a) Upon receipt of the fingerprints, [the sheriff shall] forward
19-18 the fingerprints to the Central Repository for Nevada Records of
19-19 Criminal History for submission to the Federal Bureau of
19-20 Investigation for a report concerning the criminal history of the
19-21 member, agent or local or district officer of the society.
19-22 (b) Upon receipt of the report, [the sheriff shall] forward the
19-23 report to the society. The society shall include the report in the
19-24 application submitted pursuant to subsection 1.
19-25 [3.] 4. A member, agent or local or district officer who is
19-26 authorized to make arrests pursuant to subsection 1 shall, when
19-27 making those arrests, exhibit and expose a suitable badge, to be
19-28 adopted by the society.
19-29 [4.] 5. A person who resists such a specially appointed officer
19-30 shall be punished for that resistance in the same manner as is
19-31 provided for the punishment of resistance to other officers.
19-32 Sec. 20. NRS 599B.115 is hereby amended to read as follows:
19-33 599B.115 1. Except as otherwise provided in subsection 5,
19-34 each applicant for registration as a seller must obtain a work card
19-35 issued pursuant to subsection 3 by the sheriff of the county in which
19-36 the business of the applicant is located.
19-37 2. Except as otherwise provided in subsection 5, each principal
19-38 officer, director, trustee, shareholder, owner, partner and employee
19-39 of a seller, and each salesman associated with a seller who is not an
19-40 employee of the seller, must obtain a work card issued pursuant to
19-41 subsection 3 by the sheriff of the county in which the business of the
19-42 seller is located that authorizes his association with the seller.
19-43 3. The sheriff of a county shall issue a work card to each
19-44 person who is required by this section to obtain a work card and
19-45 who complies with the requirements established by the sheriff for
20-1 the issuance of such a card. A work card issued pursuant to this
20-2 section must be renewed each year.
20-3 4. If the sheriff of a county requires an applicant for a work
20-4 card to be investigated:
20-5 (a) The applicant must submit [a set of his fingerprints] with his
20-6 application[, the] a complete set of his fingerprints and written
20-7 permission authorizing the sheriff to forward the fingerprints to
20-8 the Central Repository for Nevada Records of Criminal History
20-9 for submission to the Federal Bureau of Investigation for its
20-10 report.
20-11 (b) The sheriff may submit the fingerprints to the Central
20-12 Repository for Nevada Records of Criminal History [and] for
20-13 submission to the Federal Bureau of Investigation to determine the
20-14 criminal history of the applicant.
20-15 5. A person who is licensed or registered pursuant to chapter
20-16 119A or 645 of NRS is not required to obtain a work card pursuant
20-17 to this section.
20-18 Sec. 21. NRS 616B.374 is hereby amended to read as follows:
20-19 616B.374 1. Except as otherwise provided in this section, a
20-20 person shall not advertise or offer for sale in this state any policies
20-21 or memberships or solicit or receive any money, subscriptions,
20-22 applications, premiums, assessments, memberships or any other fee
20-23 or charge in connection with a proposed association of self-insured
20-24 public or private employers unless he has obtained a solicitor’s
20-25 permit from the Commissioner.
20-26 2. To obtain a solicitor’s permit, a person must file a written
20-27 application with the Commissioner. The application must include:
20-28 (a) The name, type and purposes of the association formed or
20-29 proposed to be formed or financed;
20-30 (b) [The name, residential address, business, professional or
20-31 employment experience for the preceding 10 years and
20-32 qualifications of] On forms furnished by the Commissioner, for
20-33 each person associated or to be associated as director, promoter,
20-34 manager, member of the board or in other similar capacity in the
20-35 association, or in the formation of the proposed association or in the
20-36 proposed financing[, together with the fingerprints of each person
20-37 so associated or to be associated, on forms furnished by the
20-38 Commissioner;] :
20-39 (1) His name, residential address and qualifications;
20-40 (2) His business, professional or employment experience
20-41 for the preceding 10 years; and
20-42 (3) A complete set of fingerprints and written permission
20-43 authorizing the Commissioner to forward the fingerprints to the
20-44 Central Repository for Nevada Records of Criminal History for
20-45 submission to the Federal Bureau of Investigation for its report;
21-1 (c) A full disclosure of the terms of all pertinent understandings
21-2 and agreements existing or proposed among any persons or entities
21-3 so associated or to be associated, and a copy of each such
21-4 agreement;
21-5 (d) A copy of the articles of incorporation and bylaws of a
21-6 solicitor, if incorporated;
21-7 (e) The plan according to which solicitations are to be made and
21-8 a reasonably detailed estimate of all administrative and sales
21-9 expenses to be incurred;
21-10 (f) A copy of any certificate proposed to be offered, and a copy
21-11 of any proposed application therefor;
21-12 (g) A copy of any prospectus, offering circular, advertising or
21-13 sales literature or materials proposed to be used;
21-14 (h) Proof of an escrow account and agreement for the deposit of
21-15 all funds collected during the formation of the association; and
21-16 (i) Such additional pertinent information as the Commissioner
21-17 may reasonably require.
21-18 3. The application must be accompanied by a fee of $500 for
21-19 the filing of the application and for the issuance of the permit, if
21-20 granted. A solicitor must submit this fee each year thereafter if he
21-21 continues to recruit new members for an association.
21-22 4. A person who violates subsection 1 is guilty of a category D
21-23 felony and shall be punished as provided in NRS 193.130.
21-24 5. The provisions of this section do not apply to:
21-25 (a) A bona fide trade association that has been in existence for at
21-26 least 5 years and solicits members of its trade association; or
21-27 (b) A person who is employed by:
21-28 (1) Current members of an association; or
21-29 (2) Employers that are considering membership in an
21-30 association,
21-31 whose primary duties do not include solicitation of potential
21-32 members of the association.
21-33 Sec. 22. NRS 631.220 is hereby amended to read as follows:
21-34 631.220 1. Every applicant for a license to practice dental
21-35 hygiene or dentistry, or any of its special branches, shall:
21-36 (a) File an application with the Board 45 days before the date on
21-37 which the examination is to be given.
21-38 (b) Accompany the application with a recent photograph of
21-39 himself together with the required examination fee and such other
21-40 documentation as the Board may require by regulation.
21-41 (c) Submit with the application a complete set of fingerprints
21-42 and written permission authorizing the Board to forward the
21-43 fingerprints to the Central Repository for Nevada Records of
21-44 Criminal History for submission to the Federal Bureau of
21-45 Investigation for its report.
22-1 2. An application must include the social security number of
22-2 the applicant.
22-3 Sec. 23. Chapter 634 of NRS is hereby amended by adding
22-4 thereto a new section to read as follows:
22-5 Each applicant for a license to practice chiropractic or to
22-6 practice as a chiropractor’s assistant must submit to the Board a
22-7 complete set of his fingerprints and written permission authorizing
22-8 the Board to forward the fingerprints to the Central Repository for
22-9 Nevada Records of Criminal History for submission to the Federal
22-10 Bureau of Investigation for its report.
22-11 Sec. 24. NRS 634A.110 is hereby amended to read as follows:
22-12 634A.110 1. An applicant for examination for a license to
22-13 practice Oriental medicine , or any branch thereof, shall:
22-14 (a) Submit an application to the Board on forms provided by the
22-15 Board;
22-16 (b) Submit satisfactory evidence that he is 21 years or older and
22-17 meets the appropriate educational requirements;
22-18 (c) Submit with the application a complete set of his
22-19 fingerprints and written permission authorizing the Board to
22-20 forward the fingerprints to the Central Repository for Nevada
22-21 Records of Criminal History for submission to the Federal Bureau
22-22 of Investigation for its report;
22-23 (d) Pay a fee established by the Board of not more than $1,000;
22-24 and
22-25 [(d)] (e) Pay any fees required by the Board for an investigation
22-26 of the applicant or for the services of a translator, if the translator is
22-27 required to enable the applicant to take the examination.
22-28 2. An application submitted to the Board pursuant to
22-29 subsection 1 must include the social security number of the
22-30 applicant.
22-31 Sec. 25. NRS 640.090 is hereby amended to read as follows:
22-32 640.090 Unless he is entitled to licensure under NRS 640.120
22-33 or 640.140, a person who desires to be licensed as a physical
22-34 therapist must:
22-35 1. Apply to the Board, in writing, on a form furnished by the
22-36 Board;
22-37 2. Include in the application his social security number and
22-38 evidence, under oath, satisfactory to the Board, that he possesses the
22-39 qualifications required by NRS 640.080 other than having passed
22-40 the examination;
22-41 3. Pay to the Board at the time of filing his application a fee set
22-42 by a regulation of the Board in an amount not to exceed $300;
22-43 4. Submit [his fingerprints] to the Board with his application[;
22-44 and] a complete set of his fingerprints and written permission
22-45 authorizing the Board to forward the fingerprints to the Central
23-1 Repository for Nevada Records of Criminal History for submission
23-2 to the Federal Bureau of Investigation for its report; and
23-3 5. Submit other documentation and proof the Board may
23-4 require.
23-5 Sec. 26. NRS 640.250 is hereby amended to read as follows:
23-6 640.250 Unless he is entitled to a license under NRS 640.270,
23-7 a person who desires to be licensed as a physical therapist’s assistant
23-8 must:
23-9 1. Apply to the Board, in writing, on a form furnished by the
23-10 Board. The application for licensure as a physical therapist’s
23-11 assistant must also be signed by the supervising physical therapist of
23-12 the applicant.
23-13 2. Include in the application his social security number and
23-14 evidence, under oath, satisfactory to the Board, that he possesses the
23-15 qualifications required by NRS 640.230 other than having passed
23-16 the examination.
23-17 3. Pay to the Board at the time of filing his application a fee set
23-18 by a regulation of the Board in an amount not to exceed $200.
23-19 4. Submit [his fingerprints] to the Board with his application[.]
23-20 a complete set of fingerprints and written permission authorizing
23-21 the Board to forward the fingerprints to the Central Repository for
23-22 Nevada Records of Criminal History for submission to the Federal
23-23 Bureau of Investigation for its report.
23-24 5. Submit such documentation and proof as the Board may
23-25 require.
23-26 6. Pay the fee for examination of the applicant as the Board
23-27 may establish.
23-28 Sec. 27. Chapter 641B of NRS is hereby amended by adding
23-29 thereto a new section to read as follows:
23-30 Each applicant for a license must submit to the Board a
23-31 complete set of his fingerprints and written permission authorizing
23-32 the Board to forward the fingerprints to the Central Repository for
23-33 Nevada Records of Criminal History for submission to the Federal
23-34 Bureau of Investigation for its report.
23-35 Sec. 28. NRS 641C.260 is hereby amended to read as follows:
23-36 641C.260 Each applicant for a license or certificate must
23-37 submit to the Board:
23-38 1. An application on a form provided by the Board; [and]
23-39 2. A complete set of his fingerprints and written permission
23-40 authorizing the Board to forward the fingerprints to the Central
23-41 Repository for Nevada Records of Criminal History for submission
23-42 to the Federal Bureau of Investigation for its report; and
23-43 3. The application fee prescribed in NRS 641C.470.
24-1 Sec. 29. NRS 645.355 is hereby amended to read as follows:
24-2 645.355 1. An applicant for a license as a broker, broker-
24-3 salesman or salesman in this state must, as part of his application, be
24-4 fingerprinted. Each applicant [shall, at] must:
24-5 (a) At his own expense, and on a card provided by the Division,
24-6 arrange to be fingerprinted by any police or sheriff’s office [and
24-7 shall attach] ;
24-8 (b) Attach his fingerprint card [, after his fingerprints are taken,]
24-9 to his application[.] ; and
24-10 (c) Submit with his application written permission authorizing
24-11 the Division to forward the fingerprints to the Central Repository
24-12 for Nevada Records of Criminal History for submission to the
24-13 Federal Bureau of Investigation for its report.
24-14 2. The Division may [mail] submit the applicant’s fingerprint
24-15 card [to the Federal Bureau of Investigation, Washington, D.C., for
24-16 its report,] to the Central Repository for Nevada Records of
24-17 Criminal History for submission to the Federal Bureau of
24-18 Investigation and to such other law enforcement agencies as the
24-19 Division may deem necessary.
24-20 Sec. 30. NRS 645.6065 is hereby amended to read as follows:
24-21 645.6065 1. Except as otherwise provided in NRS 645.607, a
24-22 person shall not act as a qualified intermediary unless he is
24-23 registered as such with the Division. The Division may adopt such
24-24 regulations as it deems necessary to carry out the provisions of NRS
24-25 645.606 to 645.609, inclusive.
24-26 2. A person may apply for registration by paying to the
24-27 Division a $100 fee plus the actual cost of a background
24-28 investigation conducted by the Federal Bureau of Investigation and
24-29 filing with the Division:
24-30 (a) The following information on a form provided by the
24-31 Division:
24-32 (1) The applicant’s name, address and telephone number;
24-33 (2) The name under which the applicant will hold the money
24-34 or other property of a client;
24-35 (3) The names, residence and business addresses of all
24-36 persons having an interest in the business as principals, partners,
24-37 officers, trustees or directors, specifying the capacity and title of
24-38 each;
24-39 (4) If the applicant is a natural person, the social security
24-40 number of the applicant; and
24-41 (5) The length of time the applicant has been engaged in the
24-42 business of acting as such an intermediary;
24-43 (b) If the person is a natural person, the statement required
24-44 pursuant to NRS 645.6068; [and]
25-1 (c) A card provided by the Division upon which a complete set
25-2 of the applicant’s fingerprints, taken by an agency of law
25-3 enforcement, are displayed[.] ; and
25-4 (d) Written permission authorizing the Division to forward the
25-5 fingerprints to the Central Repository for Nevada Records of
25-6 Criminal History for submission to the Federal Bureau of
25-7 Investigation for its report.
25-8 3. The Division shall:
25-9 (a) [Mail] Submit the card upon which the applicant’s
25-10 fingerprints are displayed to the Central Repository for submission
25-11 to the Federal Bureau of Investigation; and
25-12 (b) Request from the Central Repository and the Federal
25-13 Bureau of Investigation such information regarding the applicant’s
25-14 criminal history as the Division deems necessary.
25-15 4. Registration pursuant to this section must be renewed each
25-16 year on or before the date of the original registration by providing
25-17 the information required by the Division for that purpose and paying
25-18 a renewal fee of $75.
25-19 Sec. 31. NRS 645B.450 is hereby amended to read as follows:
25-20 645B.450 1. A person shall not act as or provide any of the
25-21 services of a mortgage agent or otherwise engage in, carry on or
25-22 hold himself out as engaging in or carrying on the activities of a
25-23 mortgage agent if the person:
25-24 (a) Has been convicted of, or entered a plea of nolo contendere
25-25 to, a felony or any crime involving fraud, misrepresentation or
25-26 moral turpitude; or
25-27 (b) Has had a financial services license or registration suspended
25-28 or revoked within the immediately preceding 10 years.
25-29 2. A mortgage agent may not be associated with or employed
25-30 by more than one mortgage broker at the same time.
25-31 3. A mortgage broker shall register with the Division each
25-32 person who will be associated with or employed by the mortgage
25-33 broker as a mortgage agent. A mortgage broker shall register each
25-34 such person with the Division when the person begins his
25-35 association or employment with the mortgage broker and annually
25-36 thereafter. A registration expires 12 months after its effective date.
25-37 4. To register a person as a mortgage agent, a mortgage broker
25-38 must:
25-39 (a) Submit to the Division a registration form which is provided
25-40 by the Division and which:
25-41 (1) States the name, residence address and business address
25-42 of the person;
25-43 (2) Is signed by the person;
26-1 (3) Includes a provision by which the person gives his
26-2 written consent to an investigation of his credit history, criminal
26-3 history and background; [and]
26-4 (4) Includes a complete set of his fingerprints and written
26-5 permission authorizing the Division to forward the fingerprints to
26-6 the Central Repository for Nevada Records of Criminal History
26-7 for submission to the Federal Bureau of Investigation for its
26-8 report; and
26-9 (5) Includes any other information or supporting materials
26-10 required by the regulations adopted by the Commissioner. Such
26-11 information or supporting materials may include, without limitation,
26-12 [a complete set of fingerprints from the person,] the social security
26-13 number of the person and other forms of identification of the person.
26-14 (b) For each initial registration, pay the actual costs and
26-15 expenses incurred by the Division to investigate the credit history,
26-16 criminal history and background of the person. All money received
26-17 pursuant to this paragraph must be placed in the Investigative
26-18 Account created by NRS 232.545.
26-19 (c) For each annual registration, submit to the Division
26-20 satisfactory proof that the person attended at least 5 hours of
26-21 certified courses of continuing education during the 12 months
26-22 immediately preceding the date on which the registration expires.
26-23 5. Not later than the date on which the mortgage broker
26-24 submits the information for annual registration required by
26-25 subsection 4, the person being registered shall pay an annual
26-26 registration fee of $125. If the person does not pay the annual
26-27 registration fee, the person shall be deemed to be unregistered for
26-28 the purposes of this chapter.
26-29 6. A mortgage broker shall not employ a person as a mortgage
26-30 agent or authorize a person to be associated with the mortgage
26-31 broker as a mortgage agent if the mortgage broker has not registered
26-32 the person with the Division pursuant to this section or if the person:
26-33 (a) Has been convicted of, or entered a plea of nolo contendere
26-34 to, a felony or any crime involving fraud, misrepresentation or
26-35 moral turpitude; or
26-36 (b) Has had a financial services license or registration suspended
26-37 or revoked within the immediately preceding 10 years.
26-38 7. If a mortgage agent terminates his association or
26-39 employment with a mortgage broker for any reason, the mortgage
26-40 broker shall, not later than the third business day following the date
26-41 of termination:
26-42 (a) Deliver to the mortgage agent or send by certified mail to the
26-43 last known residence address of the mortgage agent a written
26-44 statement which advises him that his termination is being reported
26-45 to the Division; and
27-1 (b) Deliver or send by certified mail to the Division:
27-2 (1) A written statement of the circumstances surrounding the
27-3 termination; and
27-4 (2) A copy of the written statement that the mortgage broker
27-5 delivers or mails to the mortgage agent pursuant to paragraph (a).
27-6 8. As used in this section, “certified course of continuing
27-7 education” has the meaning ascribed to it in NRS 645B.051.
27-8 Sec. 32. NRS 645C.300 is hereby amended to read as follows:
27-9 645C.300 1. Every application for a certificate, license or
27-10 registration card must include the social security number of the
27-11 applicant and be accompanied by the fee for the certificate, license
27-12 or registration card.
27-13 2. Each applicant must:
27-14 (a) At his own expense and on a card provided by the Division,
27-15 arrange to be fingerprinted by an agency of law enforcement; [and]
27-16 (b) Attach the completed card to his application[.] ; and
27-17 (c) Submit with his application written permission authorizing
27-18 the Division to forward the fingerprints to the Central Repository
27-19 for Nevada Records of Criminal History for submission to the
27-20 Federal Bureau of Investigation for its report.
27-21 3. The Division may:
27-22 (a) [Mail] Submit the card to the Federal Bureau of
27-23 Investigation or any other agency of law enforcement; and
27-24 (b) Request from such an agency any information regarding the
27-25 applicant’s criminal history as the Division deems necessary.
27-26 Sec. 33. NRS 645D.180 is hereby amended to read as follows:
27-27 645D.180 1. Every application for a certificate must be
27-28 accompanied by the fee for the certificate.
27-29 2. Each applicant must:
27-30 (a) At his own expense and on a card provided by the Division,
27-31 arrange to be fingerprinted by an agency of law enforcement; [and]
27-32 (b) Attach the completed card to his application[.] ; and
27-33 (c) Submit with his application written permission authorizing
27-34 the Division to forward the fingerprints to the Central Repository
27-35 for Nevada Records of Criminal History for submission to the
27-36 Federal Bureau of Investigation for its report.
27-37 3. The Division may:
27-38 (a) Require more than one set of fingerprints;
27-39 (b) [Mail] Submit a completed card to the Central Repository
27-40 for submission to the Federal Bureau of Investigation or submit a
27-41 completed card to any other agency of law enforcement; and
27-42 (c) Request from such an agency any information regarding the
27-43 applicant’s criminal history that the Division deems necessary.
27-44 Sec. 34. NRS 648.080 is hereby amended to read as follows:
27-45 648.080 Every application for a license must contain:
28-1 1. A detailed statement of the applicant’s personal history on
28-2 the form specified by the Board. If the applicant is a corporation, the
28-3 application must include such a statement concerning each officer
28-4 and director.
28-5 2. A statement of the applicant’s financial condition on the
28-6 form specified by the Board. If the applicant is a corporation, the
28-7 application must include such a statement concerning each officer
28-8 and director.
28-9 3. A specific description of the location of the principal place
28-10 of business of the applicant, the business in which he intends to
28-11 engage and the category of license he desires.
28-12 4. A [full] complete set of fingerprints and [a] written
28-13 permission authorizing the Board to forward the fingerprints to
28-14 the Central Repository for Nevada Records of Criminal History
28-15 for submission to the Federal Bureau of Investigation for its
28-16 report.
28-17 5. A recent photograph of the applicant or, if the applicant is a
28-18 corporation, of each officer and director.
28-19 [5.] 6. Evidence supporting the qualifications of the applicant
28-20 in meeting the requirements for the license for which he is applying.
28-21 [6.] 7. If the applicant is not a natural person, the full name
28-22 and residence address of each of its partners, officers, directors and
28-23 manager, and a certificate of filing of a fictitious name.
28-24 [7.] 8. Such other facts as may be required by the Board to
28-25 show the good character, competency and integrity of each
28-26 signatory.
28-27 Sec. 35. NRS 648.203 is hereby amended to read as follows:
28-28 648.203 1. Except as otherwise provided in subsection 2, it is
28-29 unlawful for a person to:
28-30 (a) Allow an employee, including an independent contractor, to
28-31 perform any work regulated pursuant to the provisions of this
28-32 chapter unless the employee holds a work card authorizing his work
28-33 which is issued by the sheriff of the county in which the work is
28-34 performed. The provisions of this paragraph do not apply to a
28-35 person licensed pursuant to this chapter.
28-36 (b) Work as a security guard unless he holds a work card
28-37 authorizing his work as a security guard issued in accordance with
28-38 applicable ordinances by the sheriff of the county in which the work
28-39 is performed.
28-40 2. The provisions of subsection 1 do not apply in any county
28-41 whose population is less than 100,000, but this subsection does not
28-42 prohibit a board of county commissioners from adopting similar
28-43 restrictions by ordinance.
28-44 3. The sheriff of any county in which such restrictions apply
28-45 shall [submit the fingerprints of] :
29-1 (a) Require any person applying for such a work card to submit
29-2 a complete set of his fingerprints and written permission
29-3 authorizing the sheriff to forward the fingerprints to the Central
29-4 Repository for Nevada Records of Criminal History [and] for
29-5 submission to the Federal Bureau of Investigation to determine the
29-6 applicant’s criminal history[.] ; and
29-7 (b) Submit to the Central Repository for Nevada Records of
29-8 Criminal History the fingerprints obtained pursuant to this
29-9 subsection.
29-10 Sec. 36. NRS 649.196 is hereby amended to read as follows:
29-11 649.196 1. Each applicant for a manager’s certificate must
29-12 submit proof satisfactory to the Commissioner that he:
29-13 (a) Is a citizen of the United States or lawfully entitled to remain
29-14 and work in the United States.
29-15 (b) Is at least 21 years of age.
29-16 (c) Has a good reputation for honesty, trustworthiness, integrity
29-17 and is competent to transact the business of a collection agency in a
29-18 manner which protects the interests of the general public.
29-19 (d) Has not committed any of the acts specified in NRS 649.215.
29-20 (e) Has not had a collection agency license or manager’s
29-21 certificate suspended or revoked within the 10 years immediately
29-22 preceding the date of filing the application.
29-23 (f) Has not been convicted of, or entered a plea of nolo
29-24 contendere to, a felony or any crime involving fraud,
29-25 misrepresentation or moral turpitude.
29-26 (g) Has had not less than 2 years’ full-time experience with a
29-27 collection agency in the collection of accounts assigned by creditors
29-28 who were not affiliated with the collection agency except as
29-29 assignors of accounts. At least 1 year of the 2 years of experience
29-30 must have been within the 18‑month period preceding the date of
29-31 filing the application.
29-32 2. Each applicant must:
29-33 (a) Pass the examination provided for in NRS 649.205.
29-34 (b) Pay the required fees.
29-35 (c) Submit three recent photographs and three complete sets of
29-36 fingerprints in such form as the Commissioner prescribes.
29-37 (d) Submit written permission authorizing the Commissioner
29-38 to forward a complete set of fingerprints to the Central Repository
29-39 for Nevada Records of Criminal History for submission to the
29-40 Federal Bureau of Investigation for its report.
29-41 (e) Submit such other information reasonably related to his
29-42 qualifications for the manager’s certificate as the Commissioner
29-43 determines to be necessary.
30-1 3. The Commissioner may refuse to issue a manager’s
30-2 certificate if the applicant does not meet the requirements of
30-3 subsections 1 and 2.
30-4 4. If the Commissioner refuses to issue a manager’s certificate
30-5 pursuant to this section, he shall notify the applicant in writing by
30-6 certified mail stating the reasons for the refusal. The applicant may
30-7 submit a written request for a hearing within 20 days after he
30-8 receives the notice. If the applicant fails to submit a written request
30-9 within the prescribed period, the Commissioner shall enter a final
30-10 order.
30-11 Sec. 37. NRS 654.150 is hereby amended to read as follows:
30-12 654.150 Each applicant for licensure as a nursing facility
30-13 administrator pursuant to this chapter must:
30-14 1. Be of good moral character and physically and emotionally
30-15 capable of administering a facility for skilled nursing or facility for
30-16 intermediate care.
30-17 2. Have satisfactorily completed a course of instruction and
30-18 training prescribed or approved by the Board, including the study of:
30-19 (a) The needs which are to be properly served by a facility for
30-20 skilled nursing or facility for intermediate care;
30-21 (b) The laws governing the operation of a facility and the
30-22 protection of the patients’ interests; and
30-23 (c) The elements of good administration of a facility.
30-24 In lieu of the specific requirements of this subsection, the applicant
30-25 may present other evidence satisfactory to the Board of sufficient
30-26 education, training or experience by which he would be qualified to
30-27 administer, supervise and manage a facility.
30-28 3. Pass an examination conducted and prescribed by the Board
30-29 pursuant to the provisions of this chapter.
30-30 4. Submit with his application:
30-31 (a) A complete set of his fingerprints and written permission
30-32 authorizing the Board to forward the fingerprints to the Central
30-33 Repository for Nevada Records of Criminal History for submission
30-34 to the Federal Bureau of Investigation for its report; and
30-35 (b) A fee to cover the actual cost of obtaining the report from the
30-36 Federal Bureau of Investigation.
30-37 5. Submit the statement required pursuant to NRS 654.145.
30-38 6. Meet such other standards and qualifications as the Board
30-39 may from time to time establish.
30-40 Sec. 38. NRS 654.155 is hereby amended to read as follows:
30-41 654.155 Each applicant for licensure as an administrator of a
30-42 residential facility for groups pursuant to this chapter must:
30-43 1. Be at least 21 years of age;
30-44 2. Be a citizen of the United States or lawfully entitled to
30-45 remain and work in the United States;
31-1 3. Be of good moral character and physically and emotionally
31-2 capable of administering a residential facility for groups;
31-3 4. Have satisfactorily completed a course of instruction and
31-4 training prescribed or approved by the Board or be qualified by
31-5 reason of his education, training or experience to administer,
31-6 supervise and manage a residential facility for groups;
31-7 5. Pass an examination conducted and prescribed by the Board;
31-8 6. Submit with his application:
31-9 (a) A complete set of his fingerprints and written permission
31-10 authorizing the Board to forward the fingerprints to the Central
31-11 Repository for Nevada Records of Criminal History for submission
31-12 to the Federal Bureau of Investigation for its report; [and]
31-13 (b) A fee to cover the actual cost of obtaining the report from the
31-14 Federal Bureau of Investigation; and
31-15 (c) The statement required pursuant to NRS 654.145; and
31-16 7. Comply with such other standards and qualifications as the
31-17 Board prescribes.
31-18 Sec. 39. NRS 683A.150 is hereby amended to read as follows:
31-19 683A.150 Written application for a managing general agent’s
31-20 license must be filed with the Commissioner by the applicant . [,
31-21 accompanied by the applicable fee.]
31-22 Sec. 40. NRS 683A.160 is hereby amended to read as follows:
31-23 683A.160 [Application for a license as a managing general
31-24 agent shall be made in writing by the applicant desiring a license as
31-25 a managing general agent, and filed with the Commissioner. The
31-26 application shall be accompanied by the applicant’s fingerprints, by]
31-27 Each applicant for a license as a managing general agent must
31-28 submit with his application:
31-29 1. A complete set of his fingerprints and written permission
31-30 authorizing the Commissioner to forward the fingerprints to the
31-31 Central Repository for Nevada Records of Criminal History for
31-32 submission to the Federal Bureau of Investigation for its report;
31-33 2. The appointment of the applicant as a managing general
31-34 agent by each insurer or underwriter department to be so represented
31-35 [, and by the] ; and
31-36 3. The application and license fee specified in NRS 680B.010
31-37 . [(fee schedule).]
31-38 Sec. 41. NRS 689.175 is hereby amended to read as follows:
31-39 689.175 1. The proposed seller, or the appropriate corporate
31-40 officer of the proposed seller, shall apply in writing to the
31-41 Commissioner for a seller’s certificate of authority, showing:
31-42 (a) The proposed seller’s name and address, and his occupations
31-43 during the preceding 5 years;
31-44 (b) The name and address of the proposed trustee;
32-1 (c) The names and addresses of the proposed performers,
32-2 specifying what particular services, supplies and equipment each
32-3 performer is to furnish under the proposed prepaid contract; and
32-4 (d) Such other pertinent information as the Commissioner may
32-5 reasonably require.
32-6 2. The application must be accompanied by:
32-7 (a) A copy of the proposed trust agreement and a written
32-8 statement signed by an authorized officer of the proposed trustee to
32-9 the effect that the proposed trustee understands the nature of the
32-10 proposed trust fund and accepts it;
32-11 (b) A copy of each contract or understanding, existing or
32-12 proposed, between the seller and performers relating to the proposed
32-13 prepaid contract or items to be supplied under it;
32-14 (c) A certified copy of the articles of incorporation and the
32-15 bylaws of any corporate applicant;
32-16 (d) A copy of any other document relating to the proposed
32-17 seller, trustee, trust, performer or prepaid contract, as required by
32-18 the Commissioner;
32-19 (e) A complete set of his fingerprints and written permission
32-20 authorizing the Commissioner to forward those fingerprints to the
32-21 Central Repository for Nevada Records of Criminal History for
32-22 submission to the Federal Bureau of Investigation for its report;
32-23 (f) A fee representing the amount charged by the Federal Bureau
32-24 of Investigation for processing the fingerprints of the applicant; and
32-25 (g) The applicable fee established in NRS 680B.010, which is
32-26 not refundable.
32-27 Sec. 42. NRS 689.235 is hereby amended to read as follows:
32-28 689.235 1. To qualify for an agent’s license, the applicant:
32-29 (a) Must file a written application with the Commissioner on
32-30 forms prescribed by the Commissioner;
32-31 (b) Must have a good business and personal reputation; and
32-32 (c) Must not have been convicted of, or entered a plea of guilty
32-33 or nolo contendere to, forgery, embezzlement, obtaining money
32-34 under false pretenses, larceny, extortion, conspiracy to defraud or
32-35 any crime involving moral turpitude.
32-36 2. The application must:
32-37 (a) Contain information concerning the applicant’s identity,
32-38 address, social security number and personal background and
32-39 business, professional or work history.
32-40 (b) Contain such other pertinent information as the
32-41 Commissioner may require.
32-42 (c) Be accompanied by a complete set of the fingerprints of the
32-43 applicant and written permission authorizing the Commissioner to
32-44 forward those fingerprints to the Central Repository for Nevada
33-1 Records of Criminal History for submission to the Federal Bureau
33-2 of Investigation for its report.
33-3 (d) Be accompanied by a fee representing the amount charged
33-4 by the Federal Bureau of Investigation for processing the
33-5 fingerprints of the applicant.
33-6 (e) Be accompanied by the statement required pursuant to
33-7 NRS 689.258.
33-8 (f) Be accompanied by the applicable fee established in NRS
33-9 680B.010, which is not refundable.
33-10 3. A conviction of, or plea of guilty or nolo contendere by, an
33-11 applicant or licensee for any crime listed in paragraph (c) of
33-12 subsection 1 is a sufficient ground for the Commissioner to deny a
33-13 license to the applicant, or to suspend or revoke the agent’s license
33-14 pursuant to NRS 689.265.
33-15 Sec. 43. NRS 689.490 is hereby amended to read as follows:
33-16 689.490 1. The proposed seller, or the appropriate corporate
33-17 officer of the seller, shall apply in writing to the Commissioner for a
33-18 seller’s permit, showing:
33-19 (a) The proposed seller’s name and address and his occupations
33-20 during the preceding 5 years;
33-21 (b) The name and address of the proposed trustee;
33-22 (c) The names and addresses of the proposed performers,
33-23 specifying what particular services, supplies and equipment each
33-24 performer is to furnish under the proposed prepaid contract; and
33-25 (d) Such other pertinent information as the Commissioner may
33-26 reasonably require.
33-27 2. The application must be accompanied by:
33-28 (a) A copy of the proposed trust agreement and a written
33-29 statement signed by an authorized officer of the proposed trustee to
33-30 the effect that the proposed trustee understands the nature of the
33-31 proposed trust fund and accepts it;
33-32 (b) A copy of each contract or understanding, existing or
33-33 proposed, between the seller and performers relating to the proposed
33-34 prepaid contract or items to be supplied under it;
33-35 (c) A certified copy of the articles of incorporation and the
33-36 bylaws of any corporate applicant;
33-37 (d) A copy of any other document relating to the proposed
33-38 seller, trustee, trust, performer or prepaid contract, as required by
33-39 the Commissioner;
33-40 (e) A complete set of his fingerprints and written permission
33-41 authorizing the Commissioner to forward those fingerprints to the
33-42 Central Repository for Nevada Records of Criminal History for
33-43 submission to the Federal Bureau of Investigation for its report;
33-44 (f) A fee representing the amount charged by the Federal Bureau
33-45 of Investigation for processing the fingerprints of the applicant; and
34-1 (g) The applicable fee established in NRS 680B.010, which is
34-2 not refundable.
34-3 Sec. 44. NRS 689.520 is hereby amended to read as follows:
34-4 689.520 1. To qualify for an agent’s license, the applicant:
34-5 (a) Must file a written application with the Commissioner on
34-6 forms prescribed by the Commissioner; and
34-7 (b) Must not have been convicted of, or entered a plea of guilty
34-8 or nolo contendere to, forgery, embezzlement, obtaining money
34-9 under false pretenses, larceny, extortion, conspiracy to defraud or
34-10 any crime involving moral turpitude.
34-11 2. The application must:
34-12 (a) Contain information concerning the applicant’s identity,
34-13 address, social security number, personal background and business,
34-14 professional or work history.
34-15 (b) Contain such other pertinent information as the
34-16 Commissioner may require.
34-17 (c) Be accompanied by a complete set of fingerprints and
34-18 written permission authorizing the Commissioner to forward those
34-19 fingerprints to the Central Repository for Nevada Records of
34-20 Criminal History for submission to the Federal Bureau of
34-21 Investigation for its report.
34-22 (d) Be accompanied by a fee representing the amount charged
34-23 by the Federal Bureau of Investigation for processing the
34-24 fingerprints of the applicant.
34-25 (e) Be accompanied by the statement required pursuant to
34-26 NRS 689.258.
34-27 (f) Be accompanied by the applicable fee established in NRS
34-28 680B.010, which is not refundable.
34-29 3. A conviction of, or plea of guilty or nolo contendere by, an
34-30 applicant or licensee for any crime listed in paragraph (b) of
34-31 subsection 1 is a sufficient ground for the Commissioner to deny a
34-32 license to the applicant, or to suspend or revoke the agent’s license
34-33 pursuant to NRS 689.535.
34-34 Sec. 45. NRS 692B.070 is hereby amended to read as follows:
34-35 692B.070 1. A written application for any permit required
34-36 under NRS 692B.040 must be filed with the Commissioner. The
34-37 application must include or be accompanied by:
34-38 (a) The name, type and purposes of the insurer, corporation,
34-39 syndicate, association, firm or organization formed or proposed to
34-40 be formed or financed;
34-41 (b) [The name, residence address, business background and
34-42 experience for the preceding 10 years and qualifications of]On
34-43 forms furnished by the Commissioner, for each person associated
34-44 or to be associated as incorporator, director, promoter, manager or in
34-45 other similar capacity in the enterprise, or in the formation of the
35-1 proposed insurer, corporation, syndicate, association, firm or
35-2 organization, or in the proposed financing[, together with the
35-3 fingerprints of each individual so associated or to be associated, on
35-4 forms furnished by the Commissioner ;] :
35-5 (1) His name, residential address and qualifications;
35-6 (2) His business background and experience for the
35-7 preceding 10 years; and
35-8 (3) A complete set of fingerprints and written permission
35-9 authorizing the Commissioner to forward the fingerprints to the
35-10 Central Repository for Nevada Records of Criminal History for
35-11 submission to the Federal Bureau of Investigation for its report;
35-12 (c) A full disclosure of the terms of all pertinent understandings
35-13 and agreements existing or proposed among any persons or entities
35-14 so associated or to be associated, and a copy of each such
35-15 agreement;
35-16 (d) Executed quadruplicate originals of the articles of
35-17 incorporation of a proposed domestic stock or mutual insurer;
35-18 (e) The original and one copy of the proposed bylaws of a
35-19 proposed domestic stock or mutual insurer;
35-20 (f) The plan according to which solicitations are to be made and
35-21 a reasonably detailed estimate of all organization and sales expenses
35-22 to be incurred in the proposed organization and offering;
35-23 (g) A copy of any security, receipt or certificate proposed to be
35-24 offered, and a copy of any proposed subscription agreement or
35-25 application therefor;
35-26 (h) A copy of any prospectus, offering circular, advertising or
35-27 sales literature or material proposed to be used;
35-28 (i) A copy of the proposed form of any escrow agreement
35-29 required;
35-30 (j) A copy of:
35-31 (1) The articles of incorporation of any corporation, other
35-32 than a proposed domestic insurer, proposing to offer its securities,
35-33 certified by the public officer having custody of the original thereof;
35-34 (2) Any syndicate, association, firm, organization or other
35-35 similar agreement, by whatever name called, if funds for any of the
35-36 purposes referred to in subsection 1 of NRS 692B.040 are to be
35-37 secured through the sale of any security, interest or right in or
35-38 relative to such syndicate, association, firm or organization; and
35-39 (3) If the insurer is, or is to be, a reciprocal insurer, the
35-40 power of attorney and of other agreements existing or proposed
35-41 affecting subscribers, investors, the attorney in fact or the insurer;
35-42 (k) If the applicant is a natural person, the statement required
35-43 pursuant to NRS 692B.193; and
35-44 (l) Such additional pertinent information as the Commissioner
35-45 may reasonably require.
36-1 2. The application must be accompanied by a deposit of the
36-2 fees required under NRS 680B.010 for the filing of the application
36-3 and for issuance of the permit, if granted.
36-4 3. If the applicant is a natural person, the application must
36-5 include the social security number of the applicant.
36-6 4. In lieu of a special filing thereof of information required by
36-7 subsection 1, the Commissioner may accept a copy of any pertinent
36-8 filing made with the Securities and Exchange Commission relative
36-9 to the same offering.
36-10 Sec. 46. NRS 692B.190 is hereby amended to read as follows:
36-11 692B.190 1. No person may in this state solicit subscription
36-12 to or purchase of any security covered by a solicitation permit issued
36-13 under this chapter, unless then licensed therefor by the
36-14 Commissioner.
36-15 2. Such a license may be issued only to natural persons, and the
36-16 Commissioner shall not license any person found by him to be:
36-17 (a) Dishonest or untrustworthy;
36-18 (b) Financially irresponsible;
36-19 (c) Of unfavorable personal or business history or reputation; or
36-20 (d) For any other cause, reasonably unsuited for fulfillment of
36-21 the responsibilities of such a licensee.
36-22 3. The applicant for such a license must file his written
36-23 application therefor with the Commissioner, on forms and
36-24 containing inquiries as designated and required by the
36-25 Commissioner. The application must include [the]or be
36-26 accompanied by:
36-27 (a) The social security number of the applicant [and be
36-28 endorsed];
36-29 (b) An endorsement by the holder of the permit under which the
36-30 securities are proposed to be sold[. The application must be
36-31 accompanied by];
36-32 (c) A complete set of the fingerprints of the applicant on forms
36-33 furnished by the Commissioner[, and by the]and written
36-34 permission authorizing the Commissioner to forward the
36-35 fingerprints to the Central Repository for Nevada Records of
36-36 Criminal History for submission to the Federal Bureau of
36-37 Investigation for its report; and
36-38 (d) The application fee specified in NRS 680B.010.
36-39 4. The Commissioner shall promptly cause an investigation to
36-40 be made of the identity and qualifications of the applicant.
36-41 [4.]5. The license, if issued, must be for the period of the
36-42 permit, and must automatically be extended if the permit is
36-43 extended.
36-44 [5.]6. The Commissioner shall revoke the license if at any
36-45 time after issuance he has found that the license was obtained
37-1 through misrepresentation or concealment of facts, or that the
37-2 licensee is no longer qualified therefor, or that the licensee has
37-3 misrepresented the securities offered, or has otherwise conducted
37-4 himself in or with respect to transactions under the license in a
37-5 manner injurious to the permit holder or to subscribers or prospects
37-6 or the public.
37-7 [6.]7. This section does not apply to securities broker-dealers
37-8 registered as such under the Securities Exchange Act of 1934, or
37-9 with respect to securities the sale of which is underwritten, other
37-10 than on a best efforts basis, by such a broker-dealer.
37-11 [7.] 8. With respect to solicitation of subscriptions to or
37-12 purchase of securities covered by a solicitation permit issued by the
37-13 Commissioner, the license required by this section is in lieu of a
37-14 license or permit otherwise required of the solicitor under any other
37-15 law of this state.
37-16 Sec. 47. NRS 697.180 is hereby amended to read as follows:
37-17 697.180 1. A written application for a license as a bail agent,
37-18 general agent, bail enforcement agent or bail solicitor must be filed
37-19 with the Commissioner by the applicant, accompanied by the
37-20 applicable fees. The application form must [include] :
37-21 (a) Include the social security number of the applicant
37-22 [and be];
37-23 (b) Be accompanied by a complete set of the applicant’s
37-24 fingerprints[, and must require]and written permission
37-25 authorizing the Commissioner to forward the fingerprints to the
37-26 Central Repository for Nevada Records of Criminal History for
37-27 submission to the Federal Bureau of Investigation for its report;
37-28 and
37-29 (c) Require full answers to questions reasonably necessary to
37-30 determine the applicant’s:
37-31 [(a)](1) Identity and residence.
37-32 [(b)](2) Business record or occupations for not less than the 2
37-33 years immediately preceding the date of the application, with the
37-34 name and address of each employer, if any.
37-35 [(c)](3) Prior criminal history, if any.
37-36 2. The Commissioner may require the submission of such other
37-37 information as may be required to determine the applicant’s
37-38 qualifications for the license for which he applied.
37-39 3. The applicant must verify his application. An applicant for a
37-40 license under this chapter shall not knowingly misrepresent or
37-41 withhold any fact or information called for in the application form
37-42 or in connection therewith.
37-43 Sec. 48. NRS 706.8841 is hereby amended to read as follows:
37-44 706.8841 1. The Administrator shall issue a driver’s permit
37-45 to qualified persons who wish to be employed by certificate holders
38-1 as taxicab drivers. Before issuing a driver’s permit, the
38-2 Administrator shall:
38-3 (a) Require the applicant to submit a complete set of his
38-4 fingerprints[, which must be forwarded] and written permission
38-5 authorizing the Administrator to forward the fingerprints to the
38-6 Central Repository for Nevada Records of Criminal History for
38-7 submission to the Federal Bureau of Investigation to ascertain
38-8 whether the applicant has a criminal record and the nature of any
38-9 such record, and shall further investigate the applicant’s
38-10 background; and
38-11 (b) Require proof that the applicant:
38-12 (1) Has been a resident of the State for 30 days before his
38-13 application for a permit;
38-14 (2) Can read and orally communicate in the English
38-15 language; and
38-16 (3) Has a valid license issued under NRS 483.325 which
38-17 authorizes him to drive a taxicab in this state.
38-18 2. The Administrator may refuse to issue a driver’s permit if
38-19 the applicant has been convicted of:
38-20 (a) A felony, other than a felony involving any sexual offense,
38-21 in this state or any other jurisdiction within 5 years before the date
38-22 of the application;
38-23 (b) A felony involving any sexual offense in this state or any
38-24 other jurisdiction at any time before the date of the application; or
38-25 (c) A violation of NRS 484.379 or 484.3795 or a law of any
38-26 other jurisdiction that prohibits the same or similar conduct within 3
38-27 years before the date of the application.
38-28 3. The Administrator may refuse to issue a driver’s permit if
38-29 the Administrator, after the background investigation of the
38-30 applicant, determines that the applicant is morally unfit or if the
38-31 issuance of the driver’s permit would be detrimental to public
38-32 health, welfare or safety.
38-33 4. A taxicab driver shall pay to the Administrator, in advance,
38-34 $20 for an original driver’s permit and $5 for a renewal.
38-35 Sec. 49. This act becomes effective upon passage and
38-36 approval.
38-37 H