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.

 

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 from the agency or political subdivision and submit the fingerprints 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;

1-31          (2) The employer’s right to require a check of the records of

1-32  criminal history as a condition of employment; and

2-1       (3) The employee’s right, pursuant to NRS 179A.150, to

2-2  challenge the accuracy or sufficiency of any information

2-3  disseminated to the employer.

2-4  Sec. 3.  NRS 202.366 is hereby amended to read as follows:

2-5  202.366  1.  Upon receipt by a sheriff of an application for a

2-6  permit, the sheriff shall conduct an investigation of the applicant to

2-7  determine if he is eligible for a permit. In conducting the

2-8  investigation, the sheriff shall forward a complete set of the

2-9  applicant’s fingerprints to the Central Repository for Nevada

2-10  Records of Criminal History [and] for submission to the Federal

2-11  Bureau of Investigation for [a] its report concerning the criminal

2-12  history of the applicant. The sheriff shall issue a permit to the

2-13  applicant unless he is not qualified to possess a handgun pursuant to

2-14  state or federal law or is not otherwise qualified to obtain a permit

2-15  pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations

2-16  adopted pursuant thereto.

2-17      2.  To assist the sheriff in conducting his investigation, any

2-18  local law enforcement agency, including the sheriff of any county,

2-19  may voluntarily submit to the sheriff a report or other information

2-20  concerning the criminal history of an applicant.

2-21      3.  Within 120 days after a complete application for a permit is

2-22  submitted, the sheriff to whom the application is submitted shall

2-23  grant or deny the application. If the application is denied, the sheriff

2-24  shall send the applicant written notification setting forth the reasons

2-25  for the denial. If the application is granted, the sheriff shall provide

2-26  the applicant with a permit containing a colored photograph of the

2-27  applicant and containing such other information as may be

2-28  prescribed by the department. The permit must be in substantially

2-29  the following form:

 

2-30  NEVADA CONCEALED FIREARM PERMIT

 

2-31  County...................      Permit Number........

2-32  Expires..................      Date of Birth............

2-33  Height....................      Weight......................

2-34  Name.....................      Address.....................

2-35  City........................      Zip............................

2-36                                    Photograph

2-37  Signature..........

2-38  Issued by...........

2-39  Date of Issue....

2-40  Make, model and caliber of each authorized firearm 

 

2-41      4.  Unless suspended or revoked by the sheriff who issued the

2-42  permit, a permit expires:

3-1  (a) If the permittee was a resident of this state at the time the

3-2  permit was issued, on the fifth anniversary of the permittee’s

3-3  birthday, measured from the birthday nearest the date of issuance or

3-4  renewal.

3-5  (b) If the permittee was not a resident of this state at the time the

3-6  permit was issued, on the third anniversary of the permittee’s

3-7  birthday, measured from the birthday nearest the date of issuance or

3-8  renewal.

3-9  5.  If the date of birth of a permittee is on February 29 in a leap

3-10  year, for the purposes of NRS 202.3653 to 202.369, inclusive, his

3-11  date of birth shall be deemed to be on February 28.

3-12      Sec. 4.  NRS 239B.010 is hereby amended to read as follows:

3-13      239B.010  1.  Any agency of the State or any political

3-14  subdivision may request of and receive from the Federal Bureau of

3-15  Investigation information on the background and personal history of

3-16  any person:

3-17      [1.] (a) Who has applied to it for a license as required by any

3-18  statute or local ordinance which it has the power to grant or deny;

3-19      [2.] (b) With whom it intends to enter into a relationship of

3-20  employment or a contract for personal services; or

3-21      [3.] (c) About whom it has a legitimate need to have accurate

3-22  personal information for the protection of the agency or the people

3-23  within its jurisdiction.

3-24      2.  To request and receive information from the Federal

3-25  Bureau of Investigation concerning a person pursuant to

3-26  subsection 1, the agency or political subdivision must:

3-27      (a) Require the person to submit a complete set of his

3-28  fingerprints; and

3-29      (b) Forward the fingerprints to the Central Repository for

3-30  Nevada Records of Criminal History for submission to the Federal

3-31  Bureau of Investigation for its report.

3-32      3.  Only the Central Repository may:

3-33      (a) Receive fingerprints from an agency of the State or any

3-34  political subdivision for submission to the Federal Bureau of

3-35  Investigation pursuant to this section;

3-36      (b) Submit those fingerprints to the Federal Bureau of

3-37  Investigation; and

3-38      (c) Receive a report from the Federal Bureau of Investigation

3-39  based on the submission of those fingerprints.

3-40      Sec. 5.  NRS 391.033 is hereby amended to read as follows:

3-41      391.033  1.  All licenses for teachers and other educational

3-42  personnel are granted by the Superintendent of Public Instruction

3-43  pursuant to regulations adopted by the Commission and as

3-44  otherwise provided by law.

4-1  2.  An application for the issuance of a license must include the

4-2  social security number of the applicant.

4-3  3.  Every applicant for a license must submit with his

4-4  application a complete set of his fingerprints and written permission

4-5  authorizing the Superintendent to forward the fingerprints to the

4-6  Central Repository for Nevada Records of Criminal History for its

4-7  report on the criminal history of the applicant and for submission

4-8  to the Federal Bureau of Investigation [and to the Central

4-9  Repository for Nevada Records of Criminal History for their

4-10  reports] for its report on the criminal history of the applicant.

4-11      4.  The Superintendent may issue a provisional license pending

4-12  receipt of the reports of the Federal Bureau of Investigation and the

4-13  Central Repository for Nevada Records of Criminal History if he

4-14  determines that the applicant is otherwise qualified.

4-15      5.  A license must be issued to an applicant if:

4-16      (a) The Superintendent determines that the applicant is

4-17  qualified;

4-18      (b) The reports on the criminal history of the applicant from the

4-19  Federal Bureau of Investigation and the Central Repository for

4-20  Nevada Records of Criminal History:

4-21          (1) Do not indicate that the applicant has been convicted of a

4-22  felony or any offense involving moral turpitude; or

4-23          (2) Indicate that the applicant has been convicted of a felony

4-24  or an offense involving moral turpitude but the Superintendent

4-25  determines that the conviction is unrelated to the position within the

4-26  county school district for which the applicant applied; and

4-27      (c) The applicant submits the statement required pursuant to

4-28  NRS 391.034.

4-29      Sec. 6.  NRS 391.100 is hereby amended to read as follows:

4-30      391.100  1.  The board of trustees of a school district may

4-31  employ a superintendent of schools, teachers and all other necessary

4-32  employees.

4-33      2.  The board of trustees of a school district:

4-34      (a) May employ teacher aides and other auxiliary,

4-35  nonprofessional personnel to assist licensed personnel in the

4-36  instruction or supervision of children, either in the classroom or at

4-37  any other place in the school or on the grounds thereof; and

4-38      (b) Shall establish policies governing the duties and

4-39  performance of teacher aides.

4-40      3.  Each applicant for employment pursuant to this section,

4-41  except a teacher or other person licensed by the Superintendent of

4-42  Public Instruction, must, as a condition to employment, submit to

4-43  the school district a full set of his fingerprints and written

4-44  permission authorizing the school district to forward the fingerprints

4-45  to the Central Repository for Nevada Records of Criminal History

5-1  for its report on the criminal history of the applicant and for

5-2  submission to the Federal Bureau of Investigation [and the Central

5-3  Repository for Nevada Records of Criminal History for their

5-4  reports] for its report on the criminal history of the applicant.

5-5  4.  Except as otherwise provided in subsection 5, the board of

5-6  trustees of a school district shall not require a licensed teacher or

5-7  other person licensed by the Superintendent of Public Instruction

5-8  pursuant to NRS 391.033 who has taken a leave of absence from

5-9  employment authorized by the school district, including, without

5-10  limitation:

5-11      (a) Sick leave;

5-12      (b) Sabbatical leave;

5-13      (c) Personal leave;

5-14      (d) Leave for attendance at a regular or special session of the

5-15  Legislature of this state if the employee is a member thereof;

5-16      (e) Maternity leave; and

5-17      (f) Leave permitted by the Family and Medical Leave Act of

5-18  1993, 29 U.S.C. §§ 2601 et seq.,

5-19  to submit a set of his fingerprints as a condition of return to or

5-20  continued employment with the school district if the employee is in

5-21  good standing when the employee began the leave.

5-22      5.  A board of trustees of a school district may ask the

5-23  Superintendent of Public Instruction to require a person licensed by

5-24  the Superintendent of Public Instruction pursuant to NRS 391.033

5-25  who has taken a leave of absence from employment authorized by

5-26  the school district to submit a set of his fingerprints as a condition of

5-27  return to or continued employment with the school district if the

5-28  board of trustees has probable cause to believe that the person has

5-29  committed a felony or an offense involving moral turpitude during

5-30  the period of his leave of absence.

5-31      6.  The board of trustees of a school district may employ or

5-32  appoint persons to serve as school police officers. If the board of

5-33  trustees of a school district employs or appoints persons to serve as

5-34  school police officers, the board of trustees shall employ a law

5-35  enforcement officer to serve as the chief of school police who is

5-36  supervised by the superintendent of schools of the school district.

5-37  The chief of school police shall supervise each person appointed or

5-38  employed by the board of trustees as a school police officer. In

5-39  addition, persons who provide police services pursuant to subsection

5-40  7 or 8 shall be deemed school police officers.

5-41      7.  The board of trustees of a school district in a county that has

5-42  a metropolitan police department created pursuant to chapter 280 of

5-43  NRS[,] may contract with the metropolitan police department for

5-44  the provision and supervision of police services in the public

5-45  schools within the jurisdiction of the metropolitan police department

6-1  and on property therein that is owned by the school district. If a

6-2  contract is entered into pursuant to this subsection, the contract must

6-3  make provision for the transfer of each school police officer

6-4  employed by the board of trustees to the metropolitan police

6-5  department. If the board of trustees of a school district contracts

6-6  with a metropolitan police department pursuant to this subsection,

6-7  the board of trustees shall, if applicable, cooperate with appropriate

6-8  local law enforcement agencies within the school district for the

6-9  provision and supervision of police services in the public schools

6-10  within the school district and on property owned by the school

6-11  district, but outside the jurisdiction of the metropolitan police

6-12  department.

6-13      8.  The board of trustees of a school district in a county that

6-14  does not have a metropolitan police department created pursuant to

6-15  chapter 280 of NRS may contract with the sheriff of that county for

6-16  the provision of police services in the public schools within the

6-17  school district and on property therein that is owned by the school

6-18  district.

6-19      Sec. 7.  NRS 394.465 is hereby amended to read as follows:

6-20      394.465  1.  Except as otherwise provided in subsection 4,

6-21  before a postsecondary educational institution employs or contracts

6-22  with a person:

6-23      (a) To occupy an instructional position;

6-24      (b) To occupy an administrative or financial position, including

6-25  a position as school director, personnel officer, counselor, admission

6-26  representative, solicitor, canvasser, surveyor, financial aid officer or

6-27  any similar position; or

6-28      (c) To act as an agent for the institution,

6-29  the applicant must submit to the Administrator completed

6-30  fingerprint cards and a form authorizing an investigation of the

6-31  applicant’s background and the submission of a complete set of his

6-32  fingerprints to the Central Repository for Nevada Records of

6-33  Criminal History [and] for its report and for submission to the

6-34  Federal Bureau of Investigation[.] for its report. The fingerprint

6-35  cards and authorization form submitted must be those which are

6-36  provided to the applicant by the Administrator. The applicant’s

6-37  fingerprints must be taken by an agency of law enforcement.

6-38      2.  The Administrator shall keep the results of the investigation

6-39  confidential, except that if the investigation discloses that the

6-40  applicant has been convicted of any felony, the Administrator shall

6-41  notify the applicant and the hiring institution of the conviction and

6-42  the nature of the offense.

6-43      3.  The applicant shall pay the cost of the investigation.

6-44      4.  An applicant is not required to satisfy the requirements of

6-45  subsection 1 if he:

7-1  (a) Is licensed by the Superintendent of Public Instruction;

7-2  (b) Is an employee of the United States Department of Defense;

7-3  (c) Is a member of the faculty of an accredited postsecondary

7-4  educational institution in another state who is domiciled in a state

7-5  other than Nevada and is present in Nevada for a temporary period

7-6  to teach at a branch of that accredited institution; or

7-7  (d) Has satisfied the requirements of subsection 1 within the

7-8  immediately preceding 5 years.

7-9  Sec. 8.  NRS 450B.800 is hereby amended to read as follows:

7-10      450B.800  An applicant for any permit, license or certificate

7-11  issued pursuant to this chapter shall furnish to the health authority a

7-12  complete set of his fingerprints and written permission authorizing

7-13  the health authority to forward those fingerprints to the Central

7-14  Repository for Nevada Records of Criminal History for submission

7-15  to the Federal Bureau of Investigation for its report. The health

7-16  authority may exchange with the Federal Bureau of Investigation

7-17  any information respecting the fingerprints of an applicant.

7-18      Sec. 9.  NRS 463.1405 is hereby amended to read as follows:

7-19      463.1405  1.  The Board shall investigate the qualifications of

7-20  each applicant under this chapter before any license is issued or any

7-21  registration, finding of suitability or approval of acts or transactions

7-22  for which Commission approval is required or permission is

7-23  granted, and shall continue to observe the conduct of all licensees

7-24  and other persons having a material involvement directly or

7-25  indirectly with a licensed gaming operation or registered holding

7-26  company to ensure that licenses are not issued or held by, nor is

7-27  there any material involvement directly or indirectly with a licensed

7-28  gaming operation or registered holding company by unqualified,

7-29  disqualified or unsuitable persons, or persons whose operations are

7-30  conducted in an unsuitable manner or in unsuitable or prohibited

7-31  places or locations.

7-32      2.  To request and receive information from the Federal

7-33  Bureau of Investigation concerning an investigation of an

7-34  applicant pursuant to this section, the Board must receive a

7-35  complete set of fingerprints of the applicant which the Board must

7-36  forward to the Central Repository for Nevada Records of Criminal

7-37  History for submission to the Federal Bureau of Investigation for

7-38  its report.

7-39      3.  The Board has full and absolute power and authority to

7-40  recommend the denial of any application, the limitation,

7-41  conditioning or restriction of any license, registration, finding of

7-42  suitability or approval, the suspension or revocation of any license,

7-43  registration, finding of suitability or approval or the imposition of a

7-44  fine upon any person licensed, registered, found suitable or

7-45  approved for any cause deemed reasonable by the Board.

8-1  [3.] 4. The Commission has full and absolute power and

8-2  authority to deny any application or limit, condition, restrict, revoke

8-3  or suspend any license, registration, finding of suitability or

8-4  approval, or fine any person licensed, registered, found suitable or

8-5  approved, for any cause deemed reasonable by the Commission.

8-6  Sec. 10.  NRS 463.4095 is hereby amended to read as follows:

8-7  463.4095  1.  To register with or request the approval of the

8-8  Executive Director, a qualified organization must submit to him:

8-9  (a) A written application containing:

8-10          (1) The name, address and nature of the organization.

8-11          (2) Proof that the organization is a qualified organization.

8-12          (3) The names of the officers or principals of the

8-13  organization, and of any person responsible for the management,

8-14  administration or supervision of the organization’s charitable bingo

8-15  games and any activities related to those bingo games.

8-16          (4) A description of all the prizes to be offered in charitable

8-17  bingo games operated by the organization during the calendar year

8-18  to which the application pertains and, if the approval of the

8-19  Executive Director is required, a summary of the anticipated

8-20  expenses of conducting those bingo games, including copies of any

8-21  proposed agreements between the organization and any suppliers of

8-22  material for the operation of those bingo games.

8-23          (5) A description of the intended use of the net proceeds of

8-24  charitable bingo games operated by the organization during the

8-25  calendar year to which the application pertains.

8-26          (6) The address of the location where charitable bingo games

8-27  will be conducted by the organization during the calendar year to

8-28  which the application pertains.

8-29          (7) A statement that charitable bingo games will be

8-30  conducted in accordance with standards of honesty and integrity

8-31  applicable to licensed bingo games in this state.

8-32          (8) Any other information the Executive Director deems

8-33  appropriate.

8-34      (b) A nonrefundable fee of:

8-35          (1) For registration, $10; or

8-36          (2) For a request for approval, $25.

8-37      (c) If the qualified organization requests approval of the

8-38  Executive Director, it must [submit the] :

8-39          (1) Submit a complete set of the fingerprints of its officers,

8-40  principals and persons responsible for management of the bingo

8-41  games, on forms approved by the Executive Director , which the

8-42  Executive Director may forward to the Central Repository for

8-43  Nevada Records of Criminal History for submission to the Federal

8-44  Bureau of Investigation for its report; and [must reimburse]

9-1       (2) Reimburse the Board for its costs incurred in submitting

9-2  the fingerprints for review.

9-3  2.  A qualified organization shall submit such additional

9-4  information as necessary to correct or complete any information

9-5  submitted pursuant to this section that becomes inaccurate or

9-6  incomplete. The approval of a qualified organization is suspended

9-7  during the period that any of the information is inaccurate or

9-8  incomplete. The Executive Director may reinstate the approval of

9-9  the organization only after all information has been corrected and

9-10  completed.

9-11      3.  The money collected pursuant to this section must be

9-12  expended to administer and enforce the provisions of NRS 463.4091

9-13  to 463.40965, inclusive.

9-14      Sec. 11.  NRS 463.520 is hereby amended to read as follows:

9-15      463.520  A corporation, other than a publicly traded

9-16  corporation, which applies for a state gaming license shall register

9-17  as a corporation with the Board, and shall provide the following

9-18  information to the Board:

9-19      1.  The organization, financial structure and nature of the

9-20  business to be operated, including [the names,] :

9-21      (a) The names and personal history [and] of all officers,

9-22  directors and key employees;

9-23      (b) A complete set of the fingerprints of all officers, directors

9-24  and key employees [, and the] which the Board may forward to the

9-25  Central Repository for Nevada Records of Criminal History for

9-26  submission to the Federal Bureau of Investigation for its report;

9-27  and

9-28      (c) The names, addresses and number of shares held by all

9-29  stockholders.

9-30      2.  The rights and privileges acquired by the holders of different

9-31  classes of authorized securities, including debentures.

9-32      3.  The terms on which securities are to be offered.

9-33      4.  The terms and conditions of all outstanding loans,

9-34  mortgages, trust deeds, pledges or any other indebtedness or security

9-35  device.

9-36      5.  The extent of the equity security holding in the corporation

9-37  of all officers, directors and underwriters, and their remuneration as

9-38  compensation for services, in the form of salary, wages, fees or

9-39  otherwise.

9-40      6.  Remuneration to persons other than directors and officers

9-41  exceeding $30,000 per annum.

9-42      7.  Bonus and profit-sharing arrangements.

9-43      8.  Management and service contracts.

9-44      9.  Options existing, or to be created.

10-1      10.  Balance sheets for at least 3 preceding fiscal years, or, if

10-2  the corporation has not been incorporated for a period of 3 years,

10-3  balance sheets from the time of its incorporation. All balance sheets

10-4  shall be certified by independent public accountants certified or

10-5  registered in the State of Nevada.

10-6      11.  Profit and loss statements for at least the 3 preceding fiscal

10-7  years, or, if the corporation has not been incorporated for a period of

10-8  3 years, profit and loss statements from the time of its incorporation.

10-9  All profit and loss statements shall be certified by independent

10-10  public accountants certified or registered in the State of Nevada.

10-11     12.  Any further financial data which the Board may deem

10-12  necessary or appropriate for the protection of the State of Nevada, or

10-13  licensed gambling, or both.

10-14     Sec. 12.  NRS 463.568 is hereby amended to read as follows:

10-15     463.568  The limited partnership which applies for a state

10-16  gaming license shall register as a limited partnership with the Board,

10-17  and shall provide the following information to the Board:

10-18     1.  The organization, financial structure and nature of the

10-19  business to be operated, including [the names,] :

10-20     (a) The names and personal history [and] of all general

10-21  partners and key employees;

10-22     (b) A complete set of the fingerprints of all general partners and

10-23  key employees [, and the]which the Board may forward to the

10-24  Central Repository for Nevada Records of Criminal History for

10-25  submission to the Federal Bureau of Investigation for its report;

10-26  and

10-27     (c) The name, address and interest of each limited partner.

10-28     2.  The rights, privileges and relative priorities of limited

10-29  partners as to the return of contributions to capital, and the right to

10-30  receive income.

10-31     3.  The terms on which limited partnership interests are to be

10-32  offered.

10-33     4.  The terms and conditions of all outstanding loans,

10-34  mortgages, trust deeds, pledges or any other indebtedness or security

10-35  device.

10-36     5.  The extent of the holding in the limited partnership of all

10-37  underwriters, and their remuneration as compensation for services,

10-38  in the form of salary, wages, fees or otherwise.

10-39     6.  Remuneration to persons other than general partners

10-40  exceeding $30,000 per annum.

10-41     7.  Bonus and profit-sharing arrangements.

10-42     8.  Management and service contracts.

10-43     9.  Options existing, or to be created.

10-44     10.  Balance sheets for at least the 3 preceding fiscal years, or,

10-45  if the limited partnership has not been in existence for 3 years,

11-1  balance sheets from the time of its formation. All balance sheets

11-2  must be certified by independent public accountants certified or

11-3  registered in this state.

11-4      11.  Profit and loss statements for at least the 3 preceding fiscal

11-5  years, or, if the limited partnership has not been in existence for 3

11-6  years, profit and loss statements from the time of its formation. All

11-7  profit and loss statements must be certified by independent public

11-8  accountants certified or registered in this state.

11-9      12.  Any further financial data which the Board may deem

11-10  necessary or appropriate for the protection of the State of Nevada, or

11-11  licensed gambling, or both.

11-12     Sec. 13.  NRS 463.5734 is hereby amended to read as follows:

11-13     463.5734  A limited-liability company which applies for a

11-14  license shall register as a limited-liability company with the Board,

11-15  and shall provide the following information to the Board:

11-16     1.  The organization, financial structure and nature of the

11-17  business to be operated, including [the names,] :

11-18     (a) The names and personal history of each director, manager,

11-19  member and key employee; and

11-20     (b) A complete set of the fingerprints of each director, manager,

11-21  member and key employee [.] which the Board may forward to the

11-22  Central Repository for Nevada Records of Criminal History for

11-23  submission to the Federal Bureau of Investigation for its report.

11-24     2.  The rights, privileges and relative priorities of the members

11-25  as to the return of contributions to capital and the right to receive

11-26  distribution of profits.

11-27     3.  The terms on which interests in the limited-liability

11-28  company are to be offered.

11-29     4.  The terms and conditions of all outstanding loans,

11-30  mortgages, trust deeds, pledges and any other indebtedness or

11-31  security device.

11-32     5.  The extent of the holding in the limited-liability company of

11-33  all underwriters, and their remuneration as compensation for

11-34  services, in the form of salary, wages, fees or otherwise.

11-35     6.  Remuneration to persons other than directors and managers

11-36  exceeding $30,000 per annum.

11-37     7.  Bonus and profit-sharing arrangements.

11-38     8.  Management and service contracts.

11-39     9.  Options existing, or to be created.

11-40     10.  Balance sheets for at least the 3 preceding fiscal years, or,

11-41  if the limited-liability company has not been in existence for 3

11-42  years, balance sheets from the time of its formation. All balance

11-43  sheets must be certified by independent public accountants certified

11-44  or registered in this state.

12-1      11.  Profit and loss statements for at least the 3 preceding fiscal

12-2  years, or, if the limited-liability company has not been in existence

12-3  for 3 years, profit and loss statements from the time of its formation.

12-4  All profit and loss statements must be certified by independent

12-5  public accountants certified or registered in this state.

12-6      12.  Any further financial data which the Board may deem

12-7  necessary or appropriate for the protection of the State of Nevada ,

12-8  or licensed gambling, or both.

12-9      Sec. 14.  NRS 463A.030 is hereby amended to read as follows:

12-10     463A.030  1.  Not later than the date on which a labor

12-11  organization which represents or seeks to represent gaming casino

12-12  employees in this state begins an organizational activity directed at a

12-13  gaming casino employee, the labor organization shall file with the

12-14  Board a list of its personnel who:

12-15     (a) Adjust or seek to adjust grievances for, negotiate or

12-16  administer the wages, hours, working conditions or conditions of

12-17  employment of any gaming casino employee;

12-18     (b) Solicit, collect or receive , or seek to solicit, collect or

12-19  receive any dues, assessments, levies, fines, contributions or other

12-20  charges within this state for or on behalf of the organization from

12-21  gaming casino employees; or

12-22     (c) Act as officers, members of the governing body, business

12-23  agents or in any other policymaking or supervisory position in the

12-24  organization.

12-25     2.  Each person listed shall file with the Board :

12-26     (a) A complete set of his fingerprints [and complete]which the

12-27  Board may forward to the Central Repository for Nevada Records

12-28  of Criminal History for submission to the Federal Bureau of

12-29  Investigation for its report;

12-30     (b) Complete information in writing concerning his labor

12-31  organization activities, prior performance of the same or similar

12-32  functions, previous employment or occupational history[, and

12-33  criminal] ; and

12-34     (c) His criminal record if any, covering at least a 10-year period

12-35  unless the Board determines that a shorter period is appropriate.

12-36     3.  The Commission shall by regulation prescribe the frequency

12-37  or circumstances or both with or under which the list must be

12-38  revised.

12-39     4.  The Commission may by regulation prescribe:

12-40     (a) Any further information to be required concerning each

12-41  person listed or each person performing a particular function.

12-42     (b) The addition of other personnel to the list whose duties

12-43  significantly affect the conduct of a gaming operation.

13-1      5.  In adopting regulations pursuant to this section, the

13-2  Commission shall proceed in the manner prescribed in chapter 463

13-3  of NRS.

13-4      6.  For the purposes of this section, “organizational activity”

13-5  means:

13-6      (a) Soliciting membership by direct personal contact;

13-7      (b) Distributing cards regarding interests or representation; or

13-8      (c) Distributing or posting a flyer, poster or advertisement.

13-9      Sec. 15.  NRS 467.030 is hereby amended to read as follows:

13-10     467.030  1.  The members of the Commission shall elect one

13-11  of their number as Chairman of the Commission.

13-12     2.  The Commission may purchase and use a seal.

13-13     3.  The Commission may adopt regulations for the

13-14  administration of this chapter. The regulations must include:

13-15     (a) Number and qualifications of ring officials required at any

13-16  exhibition or contest.

13-17     (b) [Requirements that fingerprints be obtained and criminal

13-18  records be investigated for] Procedures for obtaining fingerprints

13-19  pursuant to NRS 467.100 to investigate the criminal history of all

13-20  ring officials and employees of the Commission[.] and any other

13-21  applicant the Commission wishes to investigate.

13-22     (c) Powers, duties and compensation of ring officials.

13-23     (d) Qualifications of licensees.

13-24     4.  The Commission shall prepare all forms of contracts

13-25  between sponsors, licensees, promoters and contestants.

13-26     Sec. 16.  NRS 467.100 is hereby amended to read as follows:

13-27     467.100  1.  All contestants, promoters, managers, seconds,

13-28  trainers and ring officials must be licensed by the Commission. No

13-29  person may participate, directly or indirectly, in any professional

13-30  contest or exhibition of unarmed combat unless he has first procured

13-31  a license from the Commission.

13-32     2.  The Commission may deny an application for a license or

13-33  grant a limited, restricted or conditional license for any cause

13-34  deemed sufficient by the Commission.

13-35     3.  An application for a license constitutes a request for a

13-36  determination of the applicant’s general suitability, character,

13-37  integrity, and ability to participate or engage in, or be associated

13-38  with contests or exhibitions of unarmed combat. The burden of

13-39  proof is on the applicant to establish to the satisfaction of the

13-40  Commission that the applicant is qualified to receive a license. By

13-41  filing an application with the Commission, an applicant accepts the

13-42  risk of adverse public notice, embarrassment, criticism, financial

13-43  loss or other action with respect to his application, and expressly

13-44  waives any claim for damages as a result thereof. Any written or

13-45  oral statement that is made by any member of the Commission or

14-1  any witness testifying under oath which is relevant to the application

14-2  and investigation of the applicant is absolutely privileged and does

14-3  not impose liability for defamation or constitute a ground for

14-4  recovery in a civil action.

14-5      4.  The Commission shall require:

14-6      (a) Each ring official and employee of the Commission; and

14-7      (b) Any other applicant the Commission wishes to

14-8  investigate,

14-9  to submit to the Commission with the application a complete set of

14-10  his fingerprints which the Commission may forward to the Central

14-11  Repository for Nevada Records of Criminal History for submission

14-12  to the Federal Bureau of Investigation for its report.

14-13     5.  After an application has been submitted to the Commission,

14-14  the application may not be withdrawn unless the Commission

14-15  consents to the withdrawal.

14-16     [5.] 6.  The Commission shall fix a uniform scale of license

14-17  fees.

14-18     [6.] 7.  In addition to the license fees required by subsection

14-19  [5,] 6, the Commission may require an applicant for a license to:

14-20     (a) Pay the costs of the proceedings associated with the issuance

14-21  of the license, including, without limitation, investigative costs and

14-22  attorney’s fees; and

14-23     (b) Deposit with the Commission such an amount of money as

14-24  the Commission deems necessary to pay for those costs. If any

14-25  amount required to be deposited pursuant to this paragraph exceeds

14-26  the actual cost of the proceedings, including, without limitation,

14-27  investigative costs and attorney’s fees, the Commission shall refund

14-28  the excess amount to the applicant upon the completion of the

14-29  proceedings.

14-30     [7.] 8.  It is a violation of this chapter for any person to

14-31  participate, directly or indirectly, as stated in subsection 1, unless he

14-32  has been granted a license therefor.

14-33     Sec. 17.  NRS 489.321 is hereby amended to read as follows:

14-34     489.321  1.  An application for a manufacturer’s, dealer’s,

14-35  rebuilder’s, serviceman’s or installer’s license must be filed upon

14-36  forms supplied by the Division and include the social security

14-37  number of the applicant. The applicant must furnish:

14-38     (a) Any proof the Division may deem necessary that the

14-39  applicant is a manufacturer, dealer, rebuilder, serviceman or

14-40  installer.

14-41     (b) Any proof the Division may require that the applicant has an

14-42  established place of business.

14-43     (c) Any proof the Division may require of the applicant’s good

14-44  character and reputation and of his fitness to engage in the activities

14-45  for which the license is sought.

15-1      (d) A complete set of his fingerprints and written permission

15-2  authorizing the Administrator to forward those fingerprints to the

15-3  Central Repository for Nevada Records of Criminal History for

15-4  submission to the Federal Bureau of Investigation for its report.

15-5  The Administrator may exchange with the Central Repository and

15-6  the Federal Bureau of Investigation any information relating to the

15-7  fingerprints of an applicant under this section.

15-8      (e) In the case of a dealer in new manufactured homes, an

15-9  instrument in the form prescribed by the Division executed by or on

15-10  behalf of the manufacturer certifying that the applicant is an

15-11  authorized franchise dealer for the make or makes concerned.

15-12     (f) A reasonable fee fixed by regulation.

15-13     (g) In the case of a dealer, rebuilder, serviceman or installer,

15-14  proof of passing the examination required under NRS 489.351.

15-15     (h) Any additional requirements the Division may from time to

15-16  time prescribe by regulation.

15-17     2.  Within 60 days after the receipt of a complete application,

15-18  the Division shall issue or deny the license.

15-19     3.  The Administrator may issue a provisional license pending

15-20  receipt of the report from the Federal Bureau of Investigation. Upon

15-21  receipt of the report and a determination by the Administrator that

15-22  the applicant is qualified, the Division shall issue to the applicant a

15-23  dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s

15-24  license containing the applicant’s name and the address of his fixed

15-25  place of business.

15-26     4.  Each license is valid for a period of 2 years from the date of

15-27  issuance and may be renewed for like consecutive periods upon

15-28  application to and approval by the Division.

15-29     Sec. 18.  NRS 489.341 is hereby amended to read as follows:

15-30     489.341  1.  A person shall not act as a salesman in this state

15-31  or as a responsible managing employee for a person who sells,

15-32  leases, reconstructs, improves, repairs or installs any manufactured

15-33  home, mobile home or commercial coach subject to the provisions

15-34  of this chapter without first having received a license from the

15-35  Division. Before issuing such a license, the Division shall require:

15-36     (a) An application, signed and verified by the applicant, stating

15-37  that he desires to act as a salesman or responsible managing

15-38  employee and providing his residential address, his social security

15-39  number and the name and address of his employer.

15-40     (b) Proof of the employment of the applicant at the time the

15-41  application is filed. An applicant for a license as a responsible

15-42  managing employee shall submit proof of 2 years’ experience within

15-43  the previous 4 years in the business in which the applicant is seeking

15-44  to be licensed as a responsible managing employee.

16-1      (c) Proof of the applicant’s good character and reputation and of

16-2  his fitness to act as a salesman or responsible managing employee.

16-3      (d) A complete set of his fingerprints and written permission

16-4  authorizing the Administrator to forward those fingerprints to the

16-5  Central Repository for Nevada Records of Criminal History for

16-6  submission to the Federal Bureau of Investigation for its report. The

16-7  Administrator may exchange with the Central Repository and

16-8  the Federal Bureau of Investigation any information relating to the

16-9  fingerprints of an applicant.

16-10     (e) A statement as to whether any previous application of the

16-11  applicant has been denied or license revoked.

16-12     (f) Payment of a reasonable license fee established by

16-13  regulation.

16-14     (g) The applicant to have passed the examination required by

16-15  NRS 489.351.

16-16     (h) Any other information the Division deems necessary.

16-17     2.  Within 60 days after the receipt of a complete application,

16-18  the Division shall issue or deny the license.

16-19     3.  The Administrator may issue a provisional license pending

16-20  receipt of the report from the Federal Bureau of Investigation. Upon

16-21  receipt of the report and a determination by the Administrator that

16-22  the applicant is qualified, the Administrator shall issue to the

16-23  applicant a license as a salesman or a responsible managing

16-24  employee. The license must contain the licensee’s name and the

16-25  address of his employer’s place of business.

16-26     4.  Each license is valid for 2 years from the date of issuance

16-27  and may be renewed for like consecutive periods upon application

16-28  to and approval by the Division.

16-29     5.  A person licensed pursuant to this section shall not engage in

16-30  sales activity other than for the account of, or for and in behalf of, a

16-31  single employer who is a licensed dealer, rebuilder, serviceman or

16-32  installer.

16-33     6.  A license issued pursuant to this section may be transferred

16-34  to another licensed employer upon application and the payment of a

16-35  transfer fee of $10. When a salesman or responsible managing

16-36  employee holding a current license leaves the employment of one

16-37  dealer, rebuilder, serviceman or installer for that of another, the new

16-38  employer may employ the salesman or responsible managing

16-39  employee pending the transfer of the license if the transfer is

16-40  completed within 10 days.

16-41     7.  A license issued pursuant to this section must be posted in a

16-42  conspicuous place on the premises of the employer for whom the

16-43  holder of the license is licensed.

16-44     8.  If a salesman or responsible managing employee ceases to

16-45  be employed by a licensed dealer, rebuilder, serviceman[,] or

17-1  installer, his license to act as a salesman or responsible managing

17-2  employee is automatically suspended and his right to act in that

17-3  capacity immediately ceases, and he shall not engage in such an

17-4  activity until reemployed by a licensed dealer, rebuilder, serviceman

17-5  or installer. Every licensed salesman and responsible managing

17-6  employee shall report in writing to the Division every change in his

17-7  place of employment[,] or termination of employment within 5 days

17-8  after the date of making the change.

17-9      Sec. 19.  NRS 574.040 is hereby amended to read as follows:

17-10     574.040  1.  Except as otherwise provided in this subsection

17-11  and NRS 574.350, a member, agent or local or district officer of a

17-12  society so incorporating, if authorized in writing by the trustees of

17-13  the society, approved by the district judge of the county, and sworn

17-14  in the same manner as peace officers are sworn, may make arrests

17-15  for a violation of the provisions of this chapter in the same manner

17-16  as is provided for other officers. The provisions of this subsection

17-17  apply only to a society that, on the date the society submits an

17-18  application to the district judge for approval for a member, agent or

17-19  local or district officer of the society to make arrests pursuant to this

17-20  subsection:

17-21     (a) Has at least 25 members; and

17-22     (b) Has been incorporated in accordance with NRS 574.010 for

17-23  not less than 5 years immediately preceding the submission of the

17-24  application.

17-25     2.  Before submitting an application specified in subsection 1,

17-26  the society shall [submit to the sheriff of the county a complete set

17-27  of the fingerprints of the]require that each member, agent or local

17-28  or district officer of the society to whom the application relates [.]

17-29  submit to the society a complete set of his fingerprints which the

17-30  society shall submit to the sheriff of the county.

17-31     3.  The sheriff shall:

17-32     (a) Upon receipt of the fingerprints, [the sheriff shall] forward

17-33  the fingerprints to the Central Repository for Nevada Records of

17-34  Criminal History for submission to the Federal Bureau of

17-35  Investigation for a report concerning the criminal history of the

17-36  member, agent or local or district officer of the society.

17-37     (b) Upon receipt of the report, [the sheriff shall] forward the

17-38  report to the society. The society shall include the report in the

17-39  application submitted pursuant to subsection 1.

17-40     [3.] 4.  A member, agent or local or district officer who is

17-41  authorized to make arrests pursuant to subsection 1 shall, when

17-42  making those arrests, exhibit and expose a suitable badge, to be

17-43  adopted by the society.

18-1      [4.] 5.  A person who resists such a specially appointed officer

18-2  shall be punished for that resistance in the same manner as is

18-3  provided for the punishment of resistance to other officers.

18-4      Sec. 20.  NRS 599B.115 is hereby amended to read as follows:

18-5      599B.115  1.  Except as otherwise provided in subsection 5,

18-6  each applicant for registration as a seller must obtain a work card

18-7  issued pursuant to subsection 3 by the sheriff of the county in which

18-8  the business of the applicant is located.

18-9      2.  Except as otherwise provided in subsection 5, each principal

18-10  officer, director, trustee, shareholder, owner, partner and employee

18-11  of a seller, and each salesman associated with a seller who is not an

18-12  employee of the seller, must obtain a work card issued pursuant to

18-13  subsection 3 by the sheriff of the county in which the business of the

18-14  seller is located that authorizes his association with the seller.

18-15     3.  The sheriff of a county shall issue a work card to each

18-16  person who is required by this section to obtain a work card and

18-17  who complies with the requirements established by the sheriff for

18-18  the issuance of such a card. A work card issued pursuant to this

18-19  section must be renewed each year.

18-20     4.  If the sheriff of a county requires an applicant for a work

18-21  card to be investigated, the applicant must submit [a set of his

18-22  fingerprints] with his application [,] a complete set of his

18-23  fingerprints which the sheriff may [submit the fingerprints]forward

18-24  to the Central Repository for Nevada Records of Criminal History

18-25  [and] for submission to the Federal Bureau of Investigation to

18-26  determine the criminal history of the applicant.

18-27     5.  A person who is licensed or registered pursuant to chapter

18-28  119A or 645 of NRS is not required to obtain a work card pursuant

18-29  to this section.

18-30     Sec. 21.  NRS 616B.374 is hereby amended to read as follows:

18-31     616B.374  1.  Except as otherwise provided in this section, a

18-32  person shall not advertise or offer for sale in this state any policies

18-33  or memberships or solicit or receive any money, subscriptions,

18-34  applications, premiums, assessments, memberships or any other fee

18-35  or charge in connection with a proposed association of self-insured

18-36  public or private employers unless he has obtained a solicitor’s

18-37  permit from the Commissioner.

18-38     2.  To obtain a solicitor’s permit, a person must file a written

18-39  application with the Commissioner. The application must include:

18-40     (a) The name, type and purposes of the association formed or

18-41  proposed to be formed or financed;

18-42     (b) [The name, residential address, business, professional or

18-43  employment experience for the preceding 10 years and

18-44  qualifications of] On forms furnished by the Commissioner, for

18-45  each person associated or to be associated as director, promoter,

19-1  manager, member of the board or in other similar capacity in the

19-2  association, or in the formation of the proposed association or in the

19-3  proposed financing[, together with the fingerprints of each person

19-4  so associated or to be associated, on forms furnished by the

19-5  Commissioner;] :

19-6          (1) His name, residential address and qualifications;

19-7          (2) His business, professional or employment experience

19-8  for the preceding 10 years; and

19-9          (3) A complete set of his fingerprints which the

19-10  Commissioner may forward to the Central Repository for Nevada

19-11  Records of Criminal History for submission to the Federal Bureau

19-12  of Investigation for its report;

19-13     (c) A full disclosure of the terms of all pertinent understandings

19-14  and agreements existing or proposed among any persons or entities

19-15  so associated or to be associated, and a copy of each such

19-16  agreement;

19-17     (d) A copy of the articles of incorporation and bylaws of a

19-18  solicitor, if incorporated;

19-19     (e) The plan according to which solicitations are to be made and

19-20  a reasonably detailed estimate of all administrative and sales

19-21  expenses to be incurred;

19-22     (f) A copy of any certificate proposed to be offered, and a copy

19-23  of any proposed application therefor;

19-24     (g) A copy of any prospectus, offering circular, advertising or

19-25  sales literature or materials proposed to be used;

19-26     (h) Proof of an escrow account and agreement for the deposit of

19-27  all funds collected during the formation of the association; and

19-28     (i) Such additional pertinent information as the Commissioner

19-29  may reasonably require.

19-30     3.  The application must be accompanied by a fee of $500 for

19-31  the filing of the application and for the issuance of the permit, if

19-32  granted. A solicitor must submit this fee each year thereafter if he

19-33  continues to recruit new members for an association.

19-34     4.  A person who violates subsection 1 is guilty of a category D

19-35  felony and shall be punished as provided in NRS 193.130.

19-36     5.  The provisions of this section do not apply to:

19-37     (a) A bona fide trade association that has been in existence for at

19-38  least 5 years and solicits members of its trade association; or

19-39     (b) A person who is employed by:

19-40         (1) Current members of an association; or

19-41         (2) Employers that are considering membership in an

19-42  association,

19-43  whose primary duties do not include solicitation of potential

19-44  members of the association.

 

20-1      Sec. 22.  NRS 631.220 is hereby amended to read as follows:

20-2      631.220  1.  Every applicant for a license to practice dental

20-3  hygiene or dentistry, or any of its special branches, shall:

20-4      (a) File an application with the Board 45 days before the date on

20-5  which the examination is to be given.

20-6      (b) Accompany the application with a recent photograph of

20-7  himself together with the required examination fee and such other

20-8  documentation as the Board may require by regulation.

20-9      (c) Submit with the application a complete set of fingerprints

20-10  and written permission authorizing the Board to forward the

20-11  fingerprints to the Central Repository for Nevada Records of

20-12  Criminal History for submission to the Federal Bureau of

20-13  Investigation for its report.

20-14     2.  An application must include the social security number of

20-15  the applicant.

20-16     Sec. 23.  Chapter 634 of NRS is hereby amended by adding

20-17  thereto a new section to read as follows:

20-18     Each applicant for a license to practice chiropractic or to

20-19  practice as a chiropractor’s assistant must submit to the Board a

20-20  complete set of his fingerprints which the Board may forward to

20-21  the Central Repository for Nevada Records of Criminal History

20-22  for submission to the Federal Bureau of Investigation for its

20-23  report.

20-24     Sec. 24.  NRS 634A.110 is hereby amended to read as follows:

20-25     634A.110  1.  An applicant for examination for a license to

20-26  practice Oriental medicine , or any branch thereof, shall:

20-27     (a) Submit an application to the Board on forms provided by the

20-28  Board;

20-29     (b) Submit satisfactory evidence that he is 21 years or older and

20-30  meets the appropriate educational requirements;

20-31     (c) Submit with the application a complete set of his

20-32  fingerprints which the Board may forward to the Central

20-33  Repository for Nevada Records of Criminal History for submission

20-34  to the Federal Bureau of Investigation for its report;

20-35     (d) Pay a fee established by the Board of not more than $1,000;

20-36  and

20-37     [(d)] (e) Pay any fees required by the Board for an investigation

20-38  of the applicant or for the services of a translator, if the translator is

20-39  required to enable the applicant to take the examination.

20-40     2.  An application submitted to the Board pursuant to

20-41  subsection 1 must include the social security number of the

20-42  applicant.

 

 

 

21-1      Sec. 25.  NRS 640.090 is hereby amended to read as follows:

21-2      640.090  Unless he is entitled to licensure under NRS 640.120

21-3  or 640.140, a person who desires to be licensed as a physical

21-4  therapist must:

21-5      1.  Apply to the Board, in writing, on a form furnished by the

21-6  Board;

21-7      2.  Include in the application his social security number and

21-8  evidence, under oath, satisfactory to the Board, that he possesses the

21-9  qualifications required by NRS 640.080 other than having passed

21-10  the examination;

21-11     3.  Pay to the Board at the time of filing his application a fee set

21-12  by a regulation of the Board in an amount not to exceed $300;

21-13     4.  Submit [his fingerprints] to the Board with his application[;

21-14  and]a complete set of his fingerprints which the Board may

21-15  forward to the Central Repository for Nevada Records of Criminal

21-16  History for submission to the Federal Bureau of Investigation for

21-17  its report; and

21-18     5.  Submit other documentation and proof the Board may

21-19  require.

21-20     Sec. 26.  NRS 640.250 is hereby amended to read as follows:

21-21     640.250  Unless he is entitled to a license under NRS 640.270,

21-22  a person who desires to be licensed as a physical therapist’s assistant

21-23  must:

21-24     1.  Apply to the Board, in writing, on a form furnished by the

21-25  Board. The application for licensure as a physical therapist’s

21-26  assistant must also be signed by the supervising physical therapist of

21-27  the applicant.

21-28     2.  Include in the application his social security number and

21-29  evidence, under oath, satisfactory to the Board, that he possesses the

21-30  qualifications required by NRS 640.230 other than having passed

21-31  the examination.

21-32     3.  Pay to the Board at the time of filing his application a fee set

21-33  by a regulation of the Board in an amount not to exceed $200.

21-34     4.  Submit [his fingerprints] to the Board with his application[.]

21-35  a complete set of his fingerprints which the Board may forward to

21-36  the Central Repository for Nevada Records of Criminal History

21-37  for submission to the Federal Bureau of Investigation for its

21-38  report.

21-39     5.  Submit such documentation and proof as the Board may

21-40  require.

21-41     6.  Pay the fee for examination of the applicant as the Board

21-42  may establish.

 

 

22-1      Sec. 27.  Chapter 641B of NRS is hereby amended by adding

22-2  thereto a new section to read as follows:

22-3      Each applicant for a license must submit to the Board a

22-4  complete set of his fingerprints which the Board may forward to

22-5  the Central Repository for Nevada Records of Criminal History

22-6  for submission to the Federal Bureau of Investigation for its

22-7  report.

22-8      Sec. 28.  NRS 641C.260 is hereby amended to read as follows:

22-9      641C.260  Each applicant for a license or certificate must

22-10  submit to the Board:

22-11     1.  An application on a form provided by the Board; [and]

22-12     2.  A complete set of his fingerprints which the Board may

22-13  forward to the Central Repository for Nevada Records of Criminal

22-14  History for submission to the Federal Bureau of Investigation for

22-15  its report; and

22-16     3.  The application fee prescribed in NRS 641C.470.

22-17     Sec. 29.  NRS 645.355 is hereby amended to read as follows:

22-18     645.355  1.  An applicant for a license as a broker, broker-

22-19  salesman or salesman in this state must, as part of his application, be

22-20  fingerprinted. Each applicant [shall,] must, at his own expense, and

22-21  on a card provided by the Division, arrange to be fingerprinted by

22-22  any police or sheriff’s office and [shall]must attach his fingerprint

22-23  card, after his fingerprints are taken, to his application.

22-24     2.  The Division may [mail]forward the applicant’s fingerprint

22-25  card to :

22-26     (a) The Central Repository for Nevada Records of Criminal

22-27  History for submission to theFederal Bureau of Investigation [,

22-28  Washington, D.C.,] for its report [, and to such]; and

22-29     (b) Such other law enforcement agencies as the Division may

22-30  deem necessary.

22-31     Sec. 30.  NRS 645.6065 is hereby amended to read as follows:

22-32     645.6065  1.  Except as otherwise provided in NRS 645.607, a

22-33  person shall not act as a qualified intermediary unless he is

22-34  registered as such with the Division. The Division may adopt such

22-35  regulations as it deems necessary to carry out the provisions of NRS

22-36  645.606 to 645.609, inclusive.

22-37     2.  A person may apply for registration by paying to the

22-38  Division a $100 fee plus the actual cost of a background

22-39  investigation conducted by the Federal Bureau of Investigation and

22-40  filing with the Division:

22-41     (a) The following information on a form provided by the

22-42  Division:

22-43         (1) The applicant’s name, address and telephone number;

22-44         (2) The name under which the applicant will hold the money

22-45  or other property of a client;

23-1          (3) The names, residence and business addresses of all

23-2  persons having an interest in the business as principals, partners,

23-3  officers, trustees or directors, specifying the capacity and title of

23-4  each;

23-5          (4) If the applicant is a natural person, the social security

23-6  number of the applicant; and

23-7          (5) The length of time the applicant has been engaged in the

23-8  business of acting as such an intermediary;

23-9      (b) If the person is a natural person, the statement required

23-10  pursuant to NRS 645.6068; and

23-11     (c) A card provided by the Division upon which a complete set

23-12  of the applicant’s fingerprints, taken by an agency of law

23-13  enforcement, are displayed.

23-14     3.  The Division shall:

23-15     (a) [Mail] Forward the card upon which the applicant’s

23-16  fingerprints are displayed to the Central Repository for submission

23-17  to the Federal Bureau of Investigation; and

23-18     (b) Request from the Central Repository and the Federal

23-19  Bureau of Investigation such information regarding the applicant’s

23-20  criminal history as the Division deems necessary.

23-21     4.  Registration pursuant to this section must be renewed each

23-22  year on or before the date of the original registration by providing

23-23  the information required by the Division for that purpose and paying

23-24  a renewal fee of $75.

23-25     Sec. 31.  NRS 645B.450 is hereby amended to read as follows:

23-26     645B.450  1.  A person shall not act as or provide any of the

23-27  services of a mortgage agent or otherwise engage in, carry on or

23-28  hold himself out as engaging in or carrying on the activities of a

23-29  mortgage agent if the person:

23-30     (a) Has been convicted of, or entered a plea of nolo contendere

23-31  to, a felony or any crime involving fraud, misrepresentation or

23-32  moral turpitude; or

23-33     (b) Has had a financial services license or registration suspended

23-34  or revoked within the immediately preceding 10 years.

23-35     2.  A mortgage agent may not be associated with or employed

23-36  by more than one mortgage broker at the same time.

23-37     3.  A mortgage broker shall register with the Division each

23-38  person who will be associated with or employed by the mortgage

23-39  broker as a mortgage agent. A mortgage broker shall register each

23-40  such person with the Division when the person begins his

23-41  association or employment with the mortgage broker and annually

23-42  thereafter. A registration expires 12 months after its effective date.

23-43     4.  To register a person as a mortgage agent, a mortgage broker

23-44  must:

24-1      (a) Submit to the Division a registration form which is provided

24-2  by the Division and which:

24-3          (1) States the name, residence address and business address

24-4  of the person;

24-5          (2) Is signed by the person;

24-6          (3) Includes a provision by which the person gives his

24-7  written consent to an investigation of his credit history, criminal

24-8  history and background; [and]

24-9          (4) Includes a complete set of his fingerprints which the

24-10  Division may forward to the Central Repository for Nevada

24-11  Records of Criminal History for submission to the Federal Bureau

24-12  of Investigation for its report; and

24-13         (5) Includes any other information or supporting materials

24-14  required by the regulations adopted by the Commissioner. Such

24-15  information or supporting materials may include, without limitation,

24-16  [a complete set of fingerprints from the person,] the social security

24-17  number of the person and other forms of identification of the person.

24-18     (b) For each initial registration, pay the actual costs and

24-19  expenses incurred by the Division to investigate the credit history,

24-20  criminal history and background of the person. All money received

24-21  pursuant to this paragraph must be placed in the Investigative

24-22  Account created by NRS 232.545.

24-23     (c) For each annual registration, submit to the Division

24-24  satisfactory proof that the person attended at least 5 hours of

24-25  certified courses of continuing education during the 12 months

24-26  immediately preceding the date on which the registration expires.

24-27     5.  Not later than the date on which the mortgage broker

24-28  submits the information for annual registration required by

24-29  subsection 4, the person being registered shall pay an annual

24-30  registration fee of $125. If the person does not pay the annual

24-31  registration fee, the person shall be deemed to be unregistered for

24-32  the purposes of this chapter.

24-33     6.  A mortgage broker shall not employ a person as a mortgage

24-34  agent or authorize a person to be associated with the mortgage

24-35  broker as a mortgage agent if the mortgage broker has not registered

24-36  the person with the Division pursuant to this section or if the person:

24-37     (a) Has been convicted of, or entered a plea of nolo contendere

24-38  to, a felony or any crime involving fraud, misrepresentation or

24-39  moral turpitude; or

24-40     (b) Has had a financial services license or registration suspended

24-41  or revoked within the immediately preceding 10 years.

24-42     7.  If a mortgage agent terminates his association or

24-43  employment with a mortgage broker for any reason, the mortgage

24-44  broker shall, not later than the third business day following the date

24-45  of termination:

25-1      (a) Deliver to the mortgage agent or send by certified mail to the

25-2  last known residence address of the mortgage agent a written

25-3  statement which advises him that his termination is being reported

25-4  to the Division; and

25-5      (b) Deliver or send by certified mail to the Division:

25-6          (1) A written statement of the circumstances surrounding the

25-7  termination; and

25-8          (2) A copy of the written statement that the mortgage broker

25-9  delivers or mails to the mortgage agent pursuant to paragraph (a).

25-10     8.  As used in this section, “certified course of continuing

25-11  education” has the meaning ascribed to it in NRS 645B.051.

25-12     Sec. 32.  NRS 645C.300 is hereby amended to read as follows:

25-13     645C.300  1.  Every application for a certificate, license or

25-14  registration card must include the social security number of the

25-15  applicant and be accompanied by the fee for the certificate, license

25-16  or registration card.

25-17     2.  Each applicant must:

25-18     (a) At his own expense and on a card provided by the Division,

25-19  arrange to be fingerprinted by an agency of law enforcement; and

25-20     (b) Attach the completed card to his application.

25-21     3.  The Division may:

25-22     (a) [Mail] Forward the completed card to :

25-23         (1) The Central Repository for Nevada Records of Criminal

25-24  History for submission to the Federal Bureau of Investigation [or

25-25  any] for its report; and

25-26         (2) Any other agency of law enforcement; and

25-27     (b) Request from such an agency any information regarding the

25-28  applicant’s criminal history as the Division deems necessary.

25-29     Sec. 33.  NRS 645D.180 is hereby amended to read as follows:

25-30     645D.180  1.  Every application for a certificate must be

25-31  accompanied by the fee for the certificate.

25-32     2.  Each applicant must:

25-33     (a) At his own expense and on a card provided by the Division,

25-34  arrange to be fingerprinted by an agency of law enforcement; and

25-35     (b) Attach the completed card to his application.

25-36     3.  The Division may:

25-37     (a) Require more than one set of fingerprints;

25-38     (b) [Mail a] Forward the completed card to :

25-39         (1) The Central Repository for Nevada Records of Criminal

25-40  History for submission to the Federal Bureau of Investigation [or

25-41  any] for its report; and

25-42         (2) Any other agency of law enforcement; and

25-43     (c) Request from such an agency any information regarding the

25-44  applicant’s criminal history that the Division deems necessary.

 

26-1      Sec. 34.  NRS 648.080 is hereby amended to read as follows:

26-2      648.080  Every application for a license must contain:

26-3      1.  A detailed statement of the applicant’s personal history on

26-4  the form specified by the Board. If the applicant is a corporation, the

26-5  application must include such a statement concerning each officer

26-6  and director.

26-7      2.  A statement of the applicant’s financial condition on the

26-8  form specified by the Board. If the applicant is a corporation, the

26-9  application must include such a statement concerning each officer

26-10  and director.

26-11     3.  A specific description of the location of the principal place

26-12  of business of the applicant, the business in which he intends to

26-13  engage and the category of license he desires.

26-14     4.  A [full] complete set of fingerprints [and a] which the Board

26-15  may forward to the Central Repository for Nevada Records of

26-16  Criminal History for submission to the Federal Bureau of

26-17  Investigation for its report.

26-18     5.  A recent photograph of the applicant or, if the applicant is a

26-19  corporation, of each officer and director.

26-20     [5.] 6.  Evidence supporting the qualifications of the applicant

26-21  in meeting the requirements for the license for which he is applying.

26-22     [6.] 7.  If the applicant is not a natural person, the full name

26-23  and residence address of each of its partners, officers, directors and

26-24  manager, and a certificate of filing of a fictitious name.

26-25     [7.] 8.  Such other facts as may be required by the Board to

26-26  show the good character, competency and integrity of each

26-27  signatory.

26-28     Sec. 35.  NRS 648.203 is hereby amended to read as follows:

26-29     648.203  1.  Except as otherwise provided in subsection 2, it is

26-30  unlawful for a person to:

26-31     (a) Allow an employee, including an independent contractor, to

26-32  perform any work regulated pursuant to the provisions of this

26-33  chapter unless the employee holds a work card authorizing his work

26-34  which is issued by the sheriff of the county in which the work is

26-35  performed. The provisions of this paragraph do not apply to a

26-36  person licensed pursuant to this chapter.

26-37     (b) Work as a security guard unless he holds a work card

26-38  authorizing his work as a security guard issued in accordance with

26-39  applicable ordinances by the sheriff of the county in which the work

26-40  is performed.

26-41     2.  The provisions of subsection 1 do not apply in any county

26-42  whose population is less than 100,000, but this subsection does not

26-43  prohibit a board of county commissioners from adopting similar

26-44  restrictions by ordinance.

27-1      3.  The sheriff of any county in which such restrictions apply

27-2  shall [submit the fingerprints of] require any person applying for

27-3  such a work card to submit a complete set of his fingerprints to the

27-4  sheriff who may forward the fingerprints to the Central Repository

27-5  for Nevada Records of Criminal History [and] for submission to the

27-6  Federal Bureau of Investigation to determine the applicant’s

27-7  criminal history.

27-8      Sec. 36.  NRS 649.196 is hereby amended to read as follows:

27-9      649.196  1.  Each applicant for a manager’s certificate must

27-10  submit proof satisfactory to the Commissioner that he:

27-11     (a) Is a citizen of the United States or lawfully entitled to remain

27-12  and work in the United States.

27-13     (b) Is at least 21 years of age.

27-14     (c) Has a good reputation for honesty, trustworthiness, integrity

27-15  and is competent to transact the business of a collection agency in a

27-16  manner which protects the interests of the general public.

27-17     (d) Has not committed any of the acts specified in NRS 649.215.

27-18     (e) Has not had a collection agency license or manager’s

27-19  certificate suspended or revoked within the 10 years immediately

27-20  preceding the date of filing the application.

27-21     (f) Has not been convicted of, or entered a plea of nolo

27-22  contendere to, a felony or any crime involving fraud,

27-23  misrepresentation or moral turpitude.

27-24     (g) Has had not less than 2 years’ full-time experience with a

27-25  collection agency in the collection of accounts assigned by creditors

27-26  who were not affiliated with the collection agency except as

27-27  assignors of accounts. At least 1 year of the 2 years of experience

27-28  must have been within the 18-month period preceding the date of

27-29  filing the application.

27-30     2.  Each applicant must:

27-31     (a) Pass the examination provided for in NRS 649.205.

27-32     (b) Pay the required fees.

27-33     (c) Submit [three] , in such form as the Commissioner

27-34  prescribes:

27-35         (1) Three recent photographs ; and [three]

27-36         (2) Three complete sets of his fingerprints [in such form as]

27-37  which the Commissioner [prescribes] may forward to the Central

27-38  Repository for Nevada Records of Criminal History for submission

27-39  to the Federal Bureau of Investigation for its report.

27-40     (d) Submit such other information reasonably related to his

27-41  qualifications for the manager’s certificate as the Commissioner

27-42  determines to be necessary.

27-43     3.  The Commissioner may refuse to issue a manager’s

27-44  certificate if the applicant does not meet the requirements of

27-45  subsections 1 and 2.

28-1      4.  If the Commissioner refuses to issue a manager’s certificate

28-2  pursuant to this section, he shall notify the applicant in writing by

28-3  certified mail stating the reasons for the refusal. The applicant may

28-4  submit a written request for a hearing within 20 days after he

28-5  receives the notice. If the applicant fails to submit a written request

28-6  within the prescribed period, the Commissioner shall enter a final

28-7  order.

28-8      Sec. 37.  NRS 654.150 is hereby amended to read as follows:

28-9      654.150  Each applicant for licensure as a nursing facility

28-10  administrator pursuant to this chapter must:

28-11     1.  Be of good moral character and physically and emotionally

28-12  capable of administering a facility for skilled nursing or facility for

28-13  intermediate care.

28-14     2.  Have satisfactorily completed a course of instruction and

28-15  training prescribed or approved by the Board, including the study of:

28-16     (a) The needs which are to be properly served by a facility for

28-17  skilled nursing or facility for intermediate care;

28-18     (b) The laws governing the operation of a facility and the

28-19  protection of the patients’ interests; and

28-20     (c) The elements of good administration of a facility.

28-21  In lieu of the specific requirements of this subsection, the applicant

28-22  may present other evidence satisfactory to the Board of sufficient

28-23  education, training or experience by which he would be qualified to

28-24  administer, supervise and manage a facility.

28-25     3.  Pass an examination conducted and prescribed by the Board

28-26  pursuant to the provisions of this chapter.

28-27     4.  Submit with his application:

28-28     (a) A complete set of his fingerprints and written permission

28-29  authorizing the Board to forward the fingerprints to the Central

28-30  Repository for Nevada Records of Criminal History for submission

28-31  to the Federal Bureau of Investigation for its report; and

28-32     (b) A fee to cover the actual cost of obtaining the report from the

28-33  Federal Bureau of Investigation.

28-34     5.  Submit the statement required pursuant to NRS 654.145.

28-35     6.  Meet such other standards and qualifications as the Board

28-36  may from time to time establish.

28-37     Sec. 38.  NRS 654.155 is hereby amended to read as follows:

28-38     654.155  Each applicant for licensure as an administrator of a

28-39  residential facility for groups pursuant to this chapter must:

28-40     1.  Be at least 21 years of age;

28-41     2.  Be a citizen of the United States or lawfully entitled to

28-42  remain and work in the United States;

28-43     3.  Be of good moral character and physically and emotionally

28-44  capable of administering a residential facility for groups;

29-1      4.  Have satisfactorily completed a course of instruction and

29-2  training prescribed or approved by the Board or be qualified by

29-3  reason of his education, training or experience to administer,

29-4  supervise and manage a residential facility for groups;

29-5      5.  Pass an examination conducted and prescribed by the Board;

29-6      6.  Submit with his application:

29-7      (a) A complete set of his fingerprints and written permission

29-8  authorizing the Board to forward the fingerprints to the Central

29-9  Repository for Nevada Records of Criminal History for submission

29-10  to the Federal Bureau of Investigation for its report; [and]

29-11     (b) A fee to cover the actual cost of obtaining the report from the

29-12  Federal Bureau of Investigation; and

29-13     (c) The statement required pursuant to NRS 654.145; and

29-14     7.  Comply with such other standards and qualifications as the

29-15  Board prescribes.

29-16     Sec. 39.  NRS 683A.150 is hereby amended to read as follows:

29-17     683A.150  Written application for a managing general agent’s

29-18  license must be filed with the Commissioner by the applicant . [,

29-19  accompanied by the applicable fee.]

29-20     Sec. 40.  NRS 683A.160 is hereby amended to read as follows:

29-21     683A.160  [Application for a license as a managing general

29-22  agent shall be made in writing by the applicant desiring a license as

29-23  a managing general agent, and filed with the Commissioner. The

29-24  application shall be accompanied by the applicant’s fingerprints, by]

29-25  Each applicant for a license as a managing general agent must

29-26  submit with his application:

29-27     1.  A complete set of his fingerprints which the Commissioner

29-28  may forward to the Central Repository for Nevada Records of

29-29  Criminal History for submission to the Federal Bureau of

29-30  Investigation for its report;

29-31     2.  The appointment of the applicant as a managing general

29-32  agent by each insurer or underwriter department to be so represented

29-33  [, and by the] ; and

29-34     3.  The application and license fee specified in NRS 680B.010

29-35  . [(fee schedule).]

29-36     Sec. 41.  NRS 689.175 is hereby amended to read as follows:

29-37     689.175  1.  The proposed seller, or the appropriate corporate

29-38  officer of the proposed seller, shall apply in writing to the

29-39  Commissioner for a seller’s certificate of authority, showing:

29-40     (a) The proposed seller’s name and address, and his occupations

29-41  during the preceding 5 years;

29-42     (b) The name and address of the proposed trustee;

29-43     (c) The names and addresses of the proposed performers,

29-44  specifying what particular services, supplies and equipment each

29-45  performer is to furnish under the proposed prepaid contract; and

30-1      (d) Such other pertinent information as the Commissioner may

30-2  reasonably require.

30-3      2.  The application must be accompanied by:

30-4      (a) A copy of the proposed trust agreement and a written

30-5  statement signed by an authorized officer of the proposed trustee to

30-6  the effect that the proposed trustee understands the nature of the

30-7  proposed trust fund and accepts it;

30-8      (b) A copy of each contract or understanding, existing or

30-9  proposed, between the seller and performers relating to the proposed

30-10  prepaid contract or items to be supplied under it;

30-11     (c) A certified copy of the articles of incorporation and the

30-12  bylaws of any corporate applicant;

30-13     (d) A copy of any other document relating to the proposed

30-14  seller, trustee, trust, performer or prepaid contract, as required by

30-15  the Commissioner;

30-16     (e) A complete set of his fingerprints and written permission

30-17  authorizing the Commissioner to forward those fingerprints to the

30-18  Central Repository for Nevada Records of Criminal History for

30-19  submission to the Federal Bureau of Investigation for its report;

30-20     (f) A fee representing the amount charged by the Federal Bureau

30-21  of Investigation for processing the fingerprints of the applicant; and

30-22     (g) The applicable fee established in NRS 680B.010, which is

30-23  not refundable.

30-24     Sec. 42.  NRS 689.235 is hereby amended to read as follows:

30-25     689.235  1.  To qualify for an agent’s license, the applicant:

30-26     (a) Must file a written application with the Commissioner on

30-27  forms prescribed by the Commissioner;

30-28     (b) Must have a good business and personal reputation; and

30-29     (c) Must not have been convicted of, or entered a plea of guilty

30-30  or nolo contendere to, forgery, embezzlement, obtaining money

30-31  under false pretenses, larceny, extortion, conspiracy to defraud or

30-32  any crime involving moral turpitude.

30-33     2.  The application must:

30-34     (a) Contain information concerning the applicant’s identity,

30-35  address, social security number and personal background and

30-36  business, professional or work history.

30-37     (b) Contain such other pertinent information as the

30-38  Commissioner may require.

30-39     (c) Be accompanied by a complete set of the fingerprints of the

30-40  applicant and written permission authorizing the Commissioner to

30-41  forward those fingerprints to the Central Repository for Nevada

30-42  Records of Criminal History for submission to the Federal Bureau

30-43  of Investigation for its report.

31-1      (d) Be accompanied by a fee representing the amount charged

31-2  by the Federal Bureau of Investigation for processing the

31-3  fingerprints of the applicant.

31-4      (e) Be accompanied by the statement required pursuant to

31-5  NRS 689.258.

31-6      (f) Be accompanied by the applicable fee established in NRS

31-7  680B.010, which is not refundable.

31-8      3.  A conviction of, or plea of guilty or nolo contendere by, an

31-9  applicant or licensee for any crime listed in paragraph (c) of

31-10  subsection 1 is a sufficient ground for the Commissioner to deny a

31-11  license to the applicant, or to suspend or revoke the agent’s license

31-12  pursuant to NRS 689.265.

31-13     Sec. 43.  NRS 689.490 is hereby amended to read as follows:

31-14     689.490  1.  The proposed seller, or the appropriate corporate

31-15  officer of the seller, shall apply in writing to the Commissioner for a

31-16  seller’s permit, showing:

31-17     (a) The proposed seller’s name and address and his occupations

31-18  during the preceding 5 years;

31-19     (b) The name and address of the proposed trustee;

31-20     (c) The names and addresses of the proposed performers,

31-21  specifying what particular services, supplies and equipment each

31-22  performer is to furnish under the proposed prepaid contract; and

31-23     (d) Such other pertinent information as the Commissioner may

31-24  reasonably require.

31-25     2.  The application must be accompanied by:

31-26     (a) A copy of the proposed trust agreement and a written

31-27  statement signed by an authorized officer of the proposed trustee to

31-28  the effect that the proposed trustee understands the nature of the

31-29  proposed trust fund and accepts it;

31-30     (b) A copy of each contract or understanding, existing or

31-31  proposed, between the seller and performers relating to the proposed

31-32  prepaid contract or items to be supplied under it;

31-33     (c) A certified copy of the articles of incorporation and the

31-34  bylaws of any corporate applicant;

31-35     (d) A copy of any other document relating to the proposed

31-36  seller, trustee, trust, performer or prepaid contract, as required by

31-37  the Commissioner;

31-38     (e) A complete set of his fingerprints and written permission

31-39  authorizing the Commissioner to forward those fingerprints to the

31-40  Central Repository for Nevada Records of Criminal History for

31-41  submission to the Federal Bureau of Investigation for its report;

31-42     (f) A fee representing the amount charged by the Federal Bureau

31-43  of Investigation for processing the fingerprints of the applicant; and

31-44     (g) The applicable fee established in NRS 680B.010, which is

31-45  not refundable.

32-1      Sec. 44.  NRS 689.520 is hereby amended to read as follows:

32-2      689.520  1.  To qualify for an agent’s license, the applicant:

32-3      (a) Must file a written application with the Commissioner on

32-4  forms prescribed by the Commissioner; and

32-5      (b) Must not have been convicted of, or entered a plea of guilty

32-6  or nolo contendere to, forgery, embezzlement, obtaining money

32-7  under false pretenses, larceny, extortion, conspiracy to defraud or

32-8  any crime involving moral turpitude.

32-9      2.  The application must:

32-10     (a) Contain information concerning the applicant’s identity,

32-11  address, social security number, personal background and business,

32-12  professional or work history.

32-13     (b) Contain such other pertinent information as the

32-14  Commissioner may require.

32-15     (c) Be accompanied by a complete set of fingerprints and

32-16  written permission authorizing the Commissioner to forward those

32-17  fingerprints to the Central Repository for Nevada Records of

32-18  Criminal History for submission to the Federal Bureau of

32-19  Investigation for its report.

32-20     (d) Be accompanied by a fee representing the amount charged

32-21  by the Federal Bureau of Investigation for processing the

32-22  fingerprints of the applicant.

32-23     (e) Be accompanied by the statement required pursuant to

32-24  NRS 689.258.

32-25     (f) Be accompanied by the applicable fee established in NRS

32-26  680B.010, which is not refundable.

32-27     3.  A conviction of, or plea of guilty or nolo contendere by, an

32-28  applicant or licensee for any crime listed in paragraph (b) of

32-29  subsection 1 is a sufficient ground for the Commissioner to deny a

32-30  license to the applicant, or to suspend or revoke the agent’s license

32-31  pursuant to NRS 689.535.

32-32     Sec. 45.  NRS 692B.070 is hereby amended to read as follows:

32-33     692B.070  1.  A written application for any permit required

32-34  under NRS 692B.040 must be filed with the Commissioner. The

32-35  application must include or be accompanied by:

32-36     (a) The name, type and purposes of the insurer, corporation,

32-37  syndicate, association, firm or organization formed or proposed to

32-38  be formed or financed;

32-39     (b) [The name, residence address, business background and

32-40  experience for the preceding 10 years and qualifications of]On

32-41  forms furnished by the Commissioner, for each person associated

32-42  or to be associated as incorporator, director, promoter, manager or in

32-43  other similar capacity in the enterprise, or in the formation of the

32-44  proposed insurer, corporation, syndicate, association, firm or

32-45  organization, or in the proposed financing[, together with the

33-1  fingerprints of each individual so associated or to be associated, on

33-2  forms furnished by the Commissioner ;] :

33-3          (1) His name, residential address and qualifications;

33-4          (2) His business background and experience for the

33-5  preceding 10 years; and

33-6          (3) A complete set of his fingerprints which the

33-7  Commissioner may forward to the Central Repository for Nevada

33-8  Records of Criminal History for submission to the Federal Bureau

33-9  of Investigation for its report;

33-10     (c) A full disclosure of the terms of all pertinent understandings

33-11  and agreements existing or proposed among any persons or entities

33-12  so associated or to be associated, and a copy of each such

33-13  agreement;

33-14     (d) Executed quadruplicate originals of the articles of

33-15  incorporation of a proposed domestic stock or mutual insurer;

33-16     (e) The original and one copy of the proposed bylaws of a

33-17  proposed domestic stock or mutual insurer;

33-18     (f) The plan according to which solicitations are to be made and

33-19  a reasonably detailed estimate of all organization and sales expenses

33-20  to be incurred in the proposed organization and offering;

33-21     (g) A copy of any security, receipt or certificate proposed to be

33-22  offered, and a copy of any proposed subscription agreement or

33-23  application therefor;

33-24     (h) A copy of any prospectus, offering circular, advertising or

33-25  sales literature or material proposed to be used;

33-26     (i) A copy of the proposed form of any escrow agreement

33-27  required;

33-28     (j) A copy of:

33-29         (1) The articles of incorporation of any corporation, other

33-30  than a proposed domestic insurer, proposing to offer its securities,

33-31  certified by the public officer having custody of the original thereof;

33-32         (2) Any syndicate, association, firm, organization or other

33-33  similar agreement, by whatever name called, if funds for any of the

33-34  purposes referred to in subsection 1 of NRS 692B.040 are to be

33-35  secured through the sale of any security, interest or right in or

33-36  relative to such syndicate, association, firm or organization; and

33-37         (3) If the insurer is, or is to be, a reciprocal insurer, the

33-38  power of attorney and of other agreements existing or proposed

33-39  affecting subscribers, investors, the attorney in fact or the insurer;

33-40     (k) If the applicant is a natural person, the statement required

33-41  pursuant to NRS 692B.193; and

33-42     (l) Such additional pertinent information as the Commissioner

33-43  may reasonably require.

34-1      2.  The application must be accompanied by a deposit of the

34-2  fees required under NRS 680B.010 for the filing of the application

34-3  and for issuance of the permit, if granted.

34-4      3.  If the applicant is a natural person, the application must

34-5  include the social security number of the applicant.

34-6      4.  In lieu of a special filing thereof of information required by

34-7  subsection 1, the Commissioner may accept a copy of any pertinent

34-8  filing made with the Securities and Exchange Commission relative

34-9  to the same offering.

34-10     Sec. 46.  NRS 692B.190 is hereby amended to read as follows:

34-11     692B.190  1.  No person may in this state solicit subscription

34-12  to or purchase of any security covered by a solicitation permit issued

34-13  under this chapter, unless then licensed therefor by the

34-14  Commissioner.

34-15     2.  Such a license may be issued only to natural persons, and the

34-16  Commissioner shall not license any person found by him to be:

34-17     (a) Dishonest or untrustworthy;

34-18     (b) Financially irresponsible;

34-19     (c) Of unfavorable personal or business history or reputation; or

34-20     (d) For any other cause, reasonably unsuited for fulfillment of

34-21  the responsibilities of such a licensee.

34-22     3.  The applicant for such a license must file his written

34-23  application therefor with the Commissioner, on forms and

34-24  containing inquiries as designated and required by the

34-25  Commissioner. The application must include [the]or be

34-26  accompanied by:

34-27     (a) The social security number of the applicant [and be

34-28  endorsed];

34-29     (b) An endorsement by the holder of the permit under which the

34-30  securities are proposed to be sold[. The application must be

34-31  accompanied by];

34-32     (c) A complete set of the fingerprints of the applicant on forms

34-33  furnished by the Commissioner [, and by the] ; and

34-34     (d) The application fee specified in NRS 680B.010.

34-35     4.  The Commissioner [shall]:

34-36     (a) May forward the complete set of fingerprints to the Central

34-37  Repository for Nevada Records of Criminal History for submission

34-38  to the Federal Bureau of Investigation for its report; and

34-39     (b) Shall promptly cause an investigation to be made of the

34-40  identity and qualifications of the applicant.

34-41     [4.]5.  The license, if issued, must be for the period of the

34-42  permit, and must automatically be extended if the permit is

34-43  extended.

34-44     [5.]6.  The Commissioner shall revoke the license if at any

34-45  time after issuance he has found that the license was obtained

35-1  through misrepresentation or concealment of facts, or that the

35-2  licensee is no longer qualified therefor, or that the licensee has

35-3  misrepresented the securities offered, or has otherwise conducted

35-4  himself in or with respect to transactions under the license in a

35-5  manner injurious to the permit holder or to subscribers or prospects

35-6  or the public.

35-7      [6.]7.  This section does not apply to securities broker-dealers

35-8  registered as such under the Securities Exchange Act of 1934, or

35-9  with respect to securities the sale of which is underwritten, other

35-10  than on a best efforts basis, by such a broker-dealer.

35-11     [7.] 8.  With respect to solicitation of subscriptions to or

35-12  purchase of securities covered by a solicitation permit issued by the

35-13  Commissioner, the license required by this section is in lieu of a

35-14  license or permit otherwise required of the solicitor under any other

35-15  law of this state.

35-16     Sec. 47.  NRS 697.180 is hereby amended to read as follows:

35-17     697.180  1.  A written application for a license as a bail agent,

35-18  general agent, bail enforcement agent or bail solicitor must be filed

35-19  with the Commissioner by the applicant, accompanied by the

35-20  applicable fees. The application form must [include] :

35-21     (a) Include the social security number of the applicant

35-22  [and be];

35-23     (b) Be accompanied by a complete set of the applicant’s

35-24  fingerprints [, and must require] which the Commissioner may

35-25  forward to the Central Repository for Nevada Records of Criminal

35-26  History for submission to the Federal Bureau of Investigation for

35-27  its report; and

35-28     (c) Require full answers to questions reasonably necessary to

35-29  determine the applicant’s:

35-30     [(a)](1) Identity and residence.

35-31     [(b)](2) Business record or occupations for not less than the 2

35-32  years immediately preceding the date of the application, with the

35-33  name and address of each employer, if any.

35-34     [(c)](3) Prior criminal history, if any.

35-35     2.  The Commissioner may require the submission of such other

35-36  information as may be required to determine the applicant’s

35-37  qualifications for the license for which he applied.

35-38     3.  The applicant must verify his application. An applicant for a

35-39  license under this chapter shall not knowingly misrepresent or

35-40  withhold any fact or information called for in the application form

35-41  or in connection therewith.

35-42     Sec. 48.  NRS 706.8841 is hereby amended to read as follows:

35-43     706.8841  1.  The Administrator shall issue a driver’s permit

35-44  to qualified persons who wish to be employed by certificate holders

36-1  as taxicab drivers. Before issuing a driver’s permit, the

36-2  Administrator shall:

36-3      (a) Require the applicant to submit a complete set of his

36-4  fingerprints [, which must be forwarded] which the Administrator

36-5  may forward to the Central Repository for Nevada Records of

36-6  Criminal History for submission to the Federal Bureau of

36-7  Investigation to ascertain whether the applicant has a criminal

36-8  record and the nature of any such record, and shall further

36-9  investigate the applicant’s background; and

36-10     (b) Require proof that the applicant:

36-11         (1) Has been a resident of the State for 30 days before his

36-12  application for a permit;

36-13         (2) Can read and orally communicate in the English

36-14  language; and

36-15         (3) Has a valid license issued under NRS 483.325 which

36-16  authorizes him to drive a taxicab in this state.

36-17     2.  The Administrator may refuse to issue a driver’s permit if

36-18  the applicant has been convicted of:

36-19     (a) A felony, other than a felony involving any sexual offense,

36-20  in this state or any other jurisdiction within 5 years before the date

36-21  of the application;

36-22     (b) A felony involving any sexual offense in this state or any

36-23  other jurisdiction at any time before the date of the application; or

36-24     (c) A violation of NRS 484.379 or 484.3795 or a law of any

36-25  other jurisdiction that prohibits the same or similar conduct within 3

36-26  years before the date of the application.

36-27     3.  The Administrator may refuse to issue a driver’s permit if

36-28  the Administrator, after the background investigation of the

36-29  applicant, determines that the applicant is morally unfit or if the

36-30  issuance of the driver’s permit would be detrimental to public

36-31  health, welfare or safety.

36-32     4.  A taxicab driver shall pay to the Administrator, in advance,

36-33  $20 for an original driver’s permit and $5 for a renewal.

36-34     Sec. 49.  This act becomes effective upon passage and

36-35  approval.

 

36-36  H