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 background checks for purposes of employment and licensing. (BDR 14‑430)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to records of criminal history; making various changes regarding authorizing background checks to ensure compliance with the federal law that authorizes the Federal Bureau of Investigation to exchange records of criminal history with officials of state and local government for purposes of employment and licensing; authorizing the Central Repository for Nevada Records of Criminal History to conduct investigations and to disseminate certain information concerning applicants and employees of private schools; expanding the offenses about which certain employers may obtain information concerning employees; authorizing such employers to obtain the same information about volunteers and prospective volunteers; revising certain provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.301 is hereby amended to read as follows:
179.301 1. The State Gaming Control Board and Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, [for purposes of determining] to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
2. The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.
3. Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his duties.
4. As used in this section:
(a) “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.
(b) “Sexual offense” has the meaning
ascribed to it in
NRS 179A.073.
Sec. 2. 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] 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 or a private school for employment; or
(3) Is employed by a county school district [,] or a private school,
and notify the superintendent of each county school district and the Superintendent of Public Instruction , or the administrator of each private school, as appropriate, 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 or the administrator of each private school, as appropriate, by providing [him] the superintendent or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district or private school 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 or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district or private school, as applicable, 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.
(c) “Private school” has
the meaning ascribed to it in
NRS 394.103.
Sec. 3. NRS 179A.080 is hereby amended to read as follows:
179A.080 The Director of the Department is responsible for administering this chapter and may adopt regulations for that purpose. The Director shall:
1. Adopt regulations for the security of the Central Repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
2. Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to [sexual offenses and other] records of criminal history[.] and information disseminated pursuant to NRS 179A.180 to 179A.240, inclusive.
3. Provide for audits of informational systems by qualified public or private agencies, organizations or persons.
Sec. 4. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the Central Repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. [The Central Repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.
5.] Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The State Gaming Control Board.
(d) The State Board of Nursing.
(e) The Private Investigator’s Licensing Board to investigate an applicant for a license.
(f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will
be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(m) Prospective or current employers of prospective or current employees or volunteers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) An agency which provides child welfare services, as defined in NRS 432B.030.
(p) The Welfare Division of the Department of Human Resources or its designated representative.
(q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of [Title] Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.
(r) The State Disaster Identification Team of the Division of Emergency Management of the Department.
(s) The Commissioner of Insurance.
[6.] 5. Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 5. NRS 179A.110 is hereby amended to read as follows:
179A.110 No person who receives information relating to [sexual offenses or other] records of criminal history pursuant to this chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate it further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.
Sec. 6. NRS 179A.130 is hereby amended to read as follows:
179A.130 Each agency of criminal justice which maintains and disseminates information relating to [sexual offenses or other] records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person. The log must be maintained for at least 1 year after the information is disseminated, and must contain:
1. An entry showing to what agency or person the information relating to [sexual offenses or other] records of criminal history were provided;
2. The date on which the information was provided;
3. The person who is the subject of the information; and
4. A brief description of the information provided.
Sec. 7. NRS 179A.140 is hereby amended to read as follows:
179A.140 1. [An] Except as otherwise provided in this subsection, an agency of criminal justice may charge a reasonable fee for information relating to [sexual offenses or other] records of criminal history [furnished] provided to any person or governmental entity . [except] An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice [and] if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department. The Central Repository shall not charge such a fee for information relating to a person regarding whom the Central Repository [furnished] provided a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure.
2. All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.
Sec. 8. NRS 179A.150 is hereby amended to read as follows:
179A.150 1. The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of information relating to [sexual offenses or other] records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than [that defined as information relating to sexual offenses or] information contained in a record of criminal history.
2. Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to [sexual offenses or] other records of criminal history by those persons who are the subjects thereof. The regulations must specify:
(a) The reasonable periods during which the records are available for inspection;
(b) The requirements for proper identification of the persons seeking access to the records; and
(c) The reasonable charges or fees, if any, for inspecting records.
3. Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.
4. The Director of the Department shall adopt regulations governing:
(a) All challenges to the accuracy or sufficiency of information relating to [sexual offenses or other] records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;
(b) The correction of any information relating to [sexual offenses or other record] records of criminal history found by the Director to be inaccurate, insufficient or incomplete in any material respect;
(c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and
(d) A time limit of not more than 90 days within which inaccurate or insufficient information relating to [sexual offenses or other] records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given by each person who requested the information when the request was made.
Sec. 9. NRS 179A.180 is hereby amended to read as follows:
179A.180 As used in NRS 179A.180 to 179A.240, inclusive, unless the context otherwise requires:
1. “Employee” means a person who renders time and services to an employer, with or without compensation, and whose regular course of duties places that person in a position to:
(a) Exercise supervisory or disciplinary control over children;
(b) Have direct access to or contact with children served by the employer; or
(c) Have access to information or records maintained by the
employer relating to identifiable children served by the
employer,
and includes a prospective employee, [but does not include a] volunteer or prospective volunteer.
2. “Employer” means a person, or a governmental agency or political subdivision of this state that is not an agency of criminal
justice, whose employees regularly render services to children, including , without limitation , care, treatment, transportation, instruction, companionship, entertainment and custody.
Sec. 10. NRS 179A.190 is hereby amended to read as follows:
179A.190 1. Notice of information relating to [sexual] the offenses listed in subsection 4 may be disseminated to employers pursuant to NRS 179A.180 to 179A.240, inclusive.
2. An employer may consider such a notice of information concerning an employee when making a decision to hire, retain, suspend or discharge the employee, and is not liable in an action alleging discrimination based upon consideration of information obtained pursuant to NRS 179A.180 to 179A.240, inclusive.
3. The provisions of NRS 179A.180 to 179A.240, inclusive, do not limit or restrict any other statute specifically permitting the dissemination or release of information relating to [sexual offenses.] the offenses listed in subsection 4.
4. The offenses for which a notice of information may be disseminated pursuant to subsection 1 includes information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to:
(a) A sexual offense;
(b) Murder, voluntary manslaughter or mayhem;
(c) Assault with intent to kill or to commit mayhem;
(d) Abuse or neglect of a child or contributory delinquency;
(e) A violation of any provision of chapter 453 of NRS;
(f) A violation committed within the immediately preceding 7 years of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(g) A violation of any provision of NRS 200.5099;
(h) A violation of any provision of NRS 484.379 or 484.3795;
(i) Any offense committed within the immediately preceding 7 years involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property; or
(j) Any other felony committed within the immediately preceding 7 years involving the use of a firearm or other deadly weapon.
5. The
information described in subsection 4 includes acts committed outside this
state that would constitute any of the offenses listed in that subsection if
committed in this state, and
the aiding, abetting, attempting or conspiring to engage in any of the offenses
listed in that subsection.
2-1 Sec. 11. NRS 179A.200 is hereby amended to read as follows:
2-2 179A.200 1. An employer may request from the Central
2-3 Repository notice of information relating to [sexual] the offenses
2-4 listed in subsection 4 of NRS 179A.190 concerning an employee.
2-5 2. A request for notice of information relating to [sexual] the
2-6 offenses listed in subsection 4 of NRS 179A.190 from an employer
2-7 must conform to the requirements of the Central Repository. The
2-8 request must include:
2-9 (a) The name and address of the employer, and the name and
2-10 signature of the person requesting the notice on behalf of the
2-11 employer;
2-12 (b) The name and address of the employer’s facility in which the
2-13 employee is employed or seeking to become employed;
2-14 (c) The name, a complete set of fingerprints and other
2-15 identifying information of the employee;
2-16 (d) Signed consent by the employee [to a] authorizing:
2-17 (1) The employer to forward the fingerprints of the
2-18 employee to the Central Repository for submission to the Federal
2-19 Bureau of Investigation for its report;
2-20 (2) A search of information relating to [sexual] the offenses
2-21 listed in subsection 4 of NRS 179A.190 concerning [him, and for]
2-22 the employee; and
2-23 (3) The release of a notice concerning that information;
2-24 (e) The mailing address of the employee or a signed waiver of
2-25 the right of the employee to be sent a copy of the information
2-26 disseminated to the employer as a result of the search of the records
2-27 of criminal history; and
2-28 (f) The signature of the employee indicating that he has been
2-29 notified of:
2-30 (1) The types of information for which notice is subject to
2-31 dissemination pursuant to NRS 179A.210, or a description of the
2-32 information;
2-33 (2) The employer’s right to require a check of the records of
2-34 criminal history as a condition of employment; and
2-35 (3) The employee’s right, pursuant to NRS 179A.150, to
2-36 challenge the accuracy or sufficiency of any information
2-37 disseminated to the employer.
2-38 Sec. 12. NRS 179A.210 is hereby amended to read as follows:
2-39 179A.210 1. Upon receipt of a request from an employer for
2-40 notice of information relating to [sexual offenses,] the offenses
2-41 listed in subsection 4 of NRS 179A.190, the Central Repository
2-42 shall undertake a search for the information, unless the request does
2-43 not conform to the requirements of the Repository. The search must
2-44 be based on the [employee’s fingerprints,] fingerprints of the
2-45 employee, or on a number furnished to the employee for
3-1 identification pursuant to a previous search, as provided by the
3-2 employer, and must include:
3-3 (a) Identifying any information relating to [sexual] the offenses
3-4 listed in subsection 4 of NRS 179A.190 concerning the employee in
3-5 the Central Repository;
3-6 (b) Requesting information relating to [sexual] the offenses
3-7 listed in subsection 4 of NRS 179A.190 concerning the employee
3-8 from federal repositories and repositories of other states, if
3-9 authorized by federal law or an agreement entered into pursuant to
3-10 NRS 179A.075;
3-11 (c) If the information pertains to an arrest for which no
3-12 disposition has been reported, contacting appropriate officers in the
3-13 local jurisdiction where the arrest or prosecution occurred to verify
3-14 and update the information; and
3-15 (d) Determining whether the information relating to [sexual] the
3-16 offenses listed in subsection 4 of NRS 179A.190 is the type of
3-17 information for which notice is subject to dissemination pursuant to
3-18 this section.
3-19 2. Notice of information relating to [sexual] the offenses listed
3-20 in subsection 4 of NRS 179A.190 may be disseminated to an
3-21 employer who has requested it only if a check of the pertinent
3-22 records indicates:
3-23 (a) A conviction for [a sexual] any such offense, or a conviction
3-24 based on an arrest or on an initial charge for [a sexual] any such
3-25 offense;
3-26 (b) An arrest or an initial charge for [a sexual] any such offense
3-27 that is pending at the time of the request; or
3-28 (c) Two or more incidents resulting in arrest or initial charge for
3-29 [a sexual] any such offense that have not resulted in a conviction.
3-30 3. If a search of the records of the Central Repository reveals
3-31 no information for which notice is subject to release, the Central
3-32 Repository shall submit the fingerprints of the employee to the
3-33 Federal Bureau of Investigation for a search of its records of
3-34 criminal history. The Central Repository shall review all
3-35 information received from the Federal Bureau of Investigation.
3-36 Notice of any information received from the Federal Bureau of
3-37 Investigation may be disseminated only if the information is of a
3-38 kind for which notice is subject to release pursuant to this section.
3-39 4. Within 30 days after receipt of a request by an employer for
3-40 notice of information relating to [sexual offenses,] the offenses
3-41 listed in subsection 4 of NRS 179A.190, the Central Repository
3-42 shall send a written report of the results of the search to the
3-43 employer and to the employee, except that if the employee has
3-44 waived his right to receive the results of the search, the report must
3-45 be sent only to the employer. If the search revealed:
4-1 (a) No information for which notice is subject to release, the
4-2 report must include a statement to that effect; or
4-3 (b) Information about the employee for which notice is subject
4-4 to release, the report must include a notice of the type of
4-5 information, limited to the descriptions set forth in subsection 2,
4-6 revealed by the search. The notice must not include any further facts
4-7 or details concerning the information. A statement of the purpose for
4-8 which the notice is being disseminated, and the procedures by which
4-9 the employee might challenge the accuracy and sufficiency of the
4-10 information, must also be included with the report.
4-11 5. Upon receipt of corrected information relating to [sexual]
4-12 the offenses listed in subsection 4 of NRS 179A.190 for which
4-13 notice was disseminated under this section, the Central Repository
4-14 shall send written notice of the correction to:
4-15 (a) The employee who was the subject of the search, unless the
4-16 employee has waived his right to receive such a notice;
4-17 (b) All employers to whom notice of the results of the search
4-18 were disseminated within 3 months before the correction; and
4-19 (c) Upon request of the employee, any other employers who
4-20 previously received the information.
4-21 6. Upon receipt of new information relating to [sexual] the
4-22 offenses listed in subsection 4 of NRS 179A.190 concerning an
4-23 employee who was the subject of a search within the previous 3
4-24 months, for which notice is subject to dissemination under this
4-25 section, the Central Repository shall send written notice of the
4-26 information to:
4-27 (a) The employee who was the subject of the search, unless the
4-28 employee has waived his right to receive such a notice;
4-29 (b) All employers to whom a report of the results of the search
4-30 were disseminated within 3 months before the correction; and
4-31 (c) Upon request of the employee, any other employers who
4-32 previously received a report of the results of the search.
4-33 Sec. 13. NRS 179A.230 is hereby amended to read as follows:
4-34 179A.230 1. A person who is the subject of a request for
4-35 notice of information [relating to sexual offenses] pursuant to NRS
4-36 179A.180 to 179A.240, inclusive, may recover his actual damages
4-37 in a civil action against:
4-38 (a) The Central Repository for an intentional or grossly
4-39 negligent:
4-40 (1) Dissemination of information relating to [sexual] the
4-41 offenses listed in subsection 4 of NRS 179A.190 not authorized for
4-42 dissemination; or
4-43 (2) Release of information relating to [sexual] the offenses
4-44 listed in subsection 4 of NRS 179A.190 to a person not authorized
4-45 to receive the information;
5-1 (b) The Central Repository for an intentional or grossly
5-2 negligent failure to correct any notice of information relating to
5-3 [sexual] the offenses listed in subsection 4 of NRS 179A.190 which
5-4 was disseminated pursuant to NRS 179A.180 to 179A.240,
5-5 inclusive; or
5-6 (c) An employer, representative of an employer or employee for
5-7 an intentional or grossly negligent violation of NRS 179A.110.
5-8 Punitive damages may be awarded against an employer,
5-9 representative of an employer or employee whose violation of NRS
5-10 179A.110 is malicious.
5-11 2. An employer is liable to a child served by the employer for
5-12 damages suffered by the child as a result of [a sexual] an offense
5-13 listed in subsection 4 of NRS 179A.190 committed against the child
5-14 by an employee [hired on or after January 1, 1988,] if, at the time
5-15 the employer hired the employee, the employee was the subject of
5-16 information relating to [sexual] the offenses for which notice was
5-17 available for dissemination to the employer and the employer:
5-18 (a) Failed, without good cause, to request notice of the
5-19 information pursuant to NRS 179A.180 to 179A.240, inclusive; or
5-20 (b) Was unable to obtain the information because the employee
5-21 refused to consent to the search and release of the information, and
5-22 the employer hired or retained the employee despite this
5-23 refusal.
5-24 The amount of damages for which an employer is liable pursuant to
5-25 this subsection must be reduced by the amount of damages
5-26 recovered by the child in an action against the employee for
5-27 damages sustained as a result of [the sexual offense.] an offense
5-28 listed in subsection 4 of NRS 179A.190.
5-29 3. An action pursuant to this section must be brought within 3
5-30 years after:
5-31 (a) The occurrence upon which the action is based; or
5-32 (b) The date upon which the party bringing the action became
5-33 aware or reasonably should have become aware of the occurrence,
5-34 whichever was earlier, if he was not aware of the occurrence at the
5-35 time of the occurrence.
5-36 4. This section does not limit or affect any other rights, claims
5-37 or causes of action arising by statute or common law.
5-38 5. For the purposes of subsection 2:
5-39 (a) “Employee” does not include a volunteer or prospective
5-40 volunteer.
5-41 (b) In any civil action brought against an employer with
5-42 respect to a volunteer or prospective volunteer, the fact that the
5-43 employer did not request notice of information relating to the
5-44 offenses listed in subsection 4 of NRS 179A.190 pursuant to NRS
6-1 179A.180 to 179A.240, inclusive, must not be considered as
6-2 evidence of negligence or causation.
6-3 Sec. 14. NRS 179A.240 is hereby amended to read as follows:
6-4 179A.240 A person who knowingly and willfully:
6-5 1. Uses NRS 179A.180 to 179A.240, inclusive, to obtain or
6-6 seek to obtain information relating to [sexual] the offenses listed in
6-7 subsection 4 of NRS 179A.190 under false pretenses;
6-8 2. Disseminates or attempts to disseminate information relating
6-9 to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that
6-10 he knows was not received in accordance with the provisions of this
6-11 chapter; or
6-12 3. Disseminates or attempts to disseminate information relating
6-13 to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that
6-14 he knows is false, inaccurate or incomplete,
6-15 is guilty of a misdemeanor.
6-16 Sec. 15. NRS 179A.310 is hereby amended to read as follows:
6-17 179A.310 1. The revolving Account to Investigate the
6-18 Background of Volunteers Who Work With Children is hereby
6-19 created in the State General Fund.
6-20 2. The Director of the Department shall administer the Account
6-21 to Investigate the Background of Volunteers Who Work With
6-22 Children. The money in the Account must be expended only to pay
6-23 the costs of the Central Repository to process requests from
6-24 nonprofit agencies to determine whether a volunteer of a nonprofit
6-25 agency who works directly with children or a prospective volunteer
6-26 of the nonprofit agency who will work directly with children has
6-27 committed [a sexual offense.] an offense listed in subsection 4 of
6-28 NRS 179A.190. The existence of the Account to Investigate the
6-29 Background of Volunteers Who Work With Children does not
6-30 create a right in any person to receive money from the Account.
6-31 3. The Director of the Department may apply for and accept
6-32 any gift, donation, bequest, grant or other source of money. Any
6-33 money so received must be deposited in the Account to Investigate
6-34 the Background of Volunteers Who Work With Children.
6-35 4. The interest and income earned on money in the Account
6-36 from any gift, donation[,] or bequest, after deducting any applicable
6-37 charges, must be credited to the Account. Money from any gift,
6-38 donation[,] or bequest that remains in the Account at the end of the
6-39 fiscal year does not revert to the State General Fund, and the balance
6-40 in the Account must be carried forward to the next fiscal year.
6-41 5. The Director of the Department shall adopt regulations to
6-42 carry out the provisions of this section. The regulations must
6-43 include, without limitation:
7-1 (a) The procedure by which a person may apply for a grant of
7-2 money from the Account to Investigate the Background of
7-3 Volunteers Who Work With Children;
7-4 (b) The criteria that the Department will consider in determining
7-5 whether to award such a grant of money from the Account; and
7-6 (c) Procedures to distribute the money in the Account in a fair
7-7 and equitable manner.
7-8 6. The following facts must not be considered as evidence of
7-9 negligence or causation in any civil action brought against a
7-10 nonprofit agency:
7-11 (a) The fact that the nonprofit agency did not apply for a grant of
7-12 money from the Account.
7-13 (b) The fact that the nonprofit agency did not request that the
7-14 Central Repository, through the use of the Account, determine
7-15 whether a volunteer or prospective volunteer of the nonprofit agency
7-16 has committed [a sexual offense.] an offense listed in subsection 4
7-17 of NRS 179A.190.
7-18 Sec. 16. NRS 179B.250 is hereby amended to read as follows:
7-19 179B.250 1. The Department shall, in a manner prescribed
7-20 by the Director, establish within the Central Repository a program to
7-21 provide the public with access to certain information contained in
7-22 the statewide registry. The program may include, but is not limited
7-23 to, the use of a secure website on the Internet or other electronic
7-24 means of communication to provide the public with access to certain
7-25 information contained in the statewide registry if such information is
7-26 made available and disclosed in accordance with the procedures set
7-27 forth in this section.
7-28 2. Before a search of the statewide registry is conducted on
7-29 behalf of a requester seeking information from the program, the
7-30 requester must provide his name, address and telephone number and
7-31 the following information concerning the identity of the subject of
7-32 the search:
7-33 (a) The name of the subject of the search and at least one of the
7-34 following items:
7-35 (1) The social security number of the subject of the search;
7-36 (2) The identification number from a driver’s license or an
7-37 identification card issued to the subject of the search by this state; or
7-38 (3) The date of birth of the subject of the search; or
7-39 (b) The name and address of the subject of the search and all of
7-40 the following items:
7-41 (1) The race or ethnicity of the subject of the search;
7-42 (2) The hair color and eye color of the subject of the search;
7-43 (3) The approximate height and weight of the subject of the
7-44 search; and
7-45 (4) The approximate age of the subject of the search.
8-1 After conducting a search based upon information provided
8-2 pursuant to paragraph (a) or (b), the Central Repository may require
8-3 the requester to provide additional information to confirm the
8-4 identity of the subject of the search. The additional information may
8-5 include, but is not limited to, the license number from a motor
8-6 vehicle frequently driven by the subject of the search, the employer
8-7 of the subject of the search or any information listed in paragraph
8-8 (a) or (b) that was not provided for the initial search.
8-9 3. After conducting a search of the statewide registry on behalf
8-10 of a requester, the Central Repository shall inform the requester that:
8-11 (a) No person listed in the statewide registry matches the
8-12 information provided by the requester concerning the identity of the
8-13 subject of the search;
8-14 (b) The requester needs to provide additional information
8-15 concerning the identity of the subject of the search before the
8-16 Central Repository may disclose the results of the search; or
8-17 (c) A person listed in the statewide registry matches the
8-18 information provided by the requester concerning the identity of the
8-19 subject of the search. If a search of the statewide registry results in a
8-20 match pursuant to this paragraph, the Central Repository:
8-21 (1) Shall inform the requester of each offense for which the
8-22 subject of the search was convicted and the date and location of
8-23 each conviction.
8-24 (2) May, through the use of a secure website on the Internet
8-25 or other electronic means of communication, provide the requester
8-26 with a photographic image of the subject of the search if such an
8-27 image is available.
8-28 (3) Shall not provide the requester with any other
8-29 information that is included in the record of registration for the
8-30 subject of the search.
8-31 4. For each inquiry to the program, the Central Repository
8-32 shall:
8-33 (a) Charge a fee to the requester;
8-34 (b) Maintain a log of the information provided by the requester
8-35 to the Central Repository and the information provided by the
8-36 Central Repository to the requester; and
8-37 (c) Inform the requester that information obtained through the
8-38 program may not be used to violate the law or the individual rights
8-39 of another person and that such misuse of information obtained
8-40 through the program may subject the requester to criminal
8-41 prosecution or civil liability for damages.
8-42 5. A person may not use information obtained through the
8-43 program as a substitute for information relating to [sexual] the
8-44 offenses listed in subsection 4 of NRS 179A.190 that must be
9-1 provided by the Central Repository pursuant to NRS 179A.180 to
9-2 179A.240, inclusive, or another provision of law.
9-3 Sec. 17. NRS 202.366 is hereby amended to read as follows:
9-4 202.366 1. Upon receipt by a sheriff of an application for a
9-5 permit, the sheriff shall conduct an investigation of the applicant to
9-6 determine if he is eligible for a permit. In conducting the
9-7 investigation, the sheriff shall forward a complete set of the
9-8 applicant’s fingerprints to the Central Repository for Nevada
9-9 Records of Criminal History [and] for submission to the Federal
9-10 Bureau of Investigation for [a] its report concerning the criminal
9-11 history of the applicant. The sheriff shall issue a permit to the
9-12 applicant unless he is not qualified to possess a handgun pursuant to
9-13 state or federal law or is not otherwise qualified to obtain a permit
9-14 pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations
9-15 adopted pursuant thereto.
9-16 2. To assist the sheriff in conducting his investigation, any
9-17 local law enforcement agency, including the sheriff of any county,
9-18 may voluntarily submit to the sheriff a report or other information
9-19 concerning the criminal history of an applicant.
9-20 3. Within 120 days after a complete application for a permit is
9-21 submitted, the sheriff to whom the application is submitted shall
9-22 grant or deny the application. If the application is denied, the sheriff
9-23 shall send the applicant written notification setting forth the reasons
9-24 for the denial. If the application is granted, the sheriff shall provide
9-25 the applicant with a permit containing a colored photograph of the
9-26 applicant and containing such other information as may be
9-27 prescribed by the department. The permit must be in substantially
9-28 the following form:
9-29 NEVADA CONCEALED FIREARM PERMIT
9-30 County................... Permit Number........
9-31 Expires.................. Date of Birth............
9-32 Height.................... Weight......................
9-33 Name..................... Address.....................
9-34 City........................ Zip............................
9-35 Photograph
9-36 Signature..........
9-37 Issued by...........
9-38 Date of Issue....
9-39 Make, model and caliber of each authorized firearm
9-40 4. Unless suspended or revoked by the sheriff who issued the
9-41 permit, a permit expires:
10-1 (a) If the permittee was a resident of this state at the time the
10-2 permit was issued, on the fifth anniversary of the permittee’s
10-3 birthday, measured from the birthday nearest the date of issuance or
10-4 renewal.
10-5 (b) If the permittee was not a resident of this state at the time the
10-6 permit was issued, on the third anniversary of the permittee’s
10-7 birthday, measured from the birthday nearest the date of issuance or
10-8 renewal.
10-9 5. If the date of birth of a permittee is on February 29 in a leap
10-10 year, for the purposes of NRS 202.3653 to 202.369, inclusive, his
10-11 date of birth shall be deemed to be on February 28.
10-12 Sec. 18. NRS 239B.010 is hereby amended to read as follows:
10-13 239B.010 1. Any agency of the State or any political
10-14 subdivision may request of and receive from the Federal Bureau of
10-15 Investigation information on the background and personal history of
10-16 any person:
10-17 [1.] (a) Who has applied to it for a license as required by any
10-18 statute or local ordinance which it has the power to grant or deny;
10-19 [2.] (b) With whom it intends to enter into a relationship of
10-20 employment or a contract for personal services; or
10-21 [3.] (c) About whom it has a legitimate need to have accurate
10-22 personal information for the protection of the agency or the people
10-23 within its jurisdiction.
10-24 2. Except as otherwise provided in subsection 3:
10-25 (a) To request and receive information from the Federal
10-26 Bureau of Investigation concerning a person pursuant to
10-27 subsection 1, the agency or political subdivision must:
10-28 (1) Require the person to submit a complete set of his
10-29 fingerprints; and
10-30 (2) Forward the fingerprints to the Central Repository for
10-31 Nevada Records of Criminal History for submission to the Federal
10-32 Bureau of Investigation for its report.
10-33 (b) Only the Central Repository may:
10-34 (1) Receive fingerprints from an agency of the State or any
10-35 political subdivision for submission to the Federal Bureau of
10-36 Investigation pursuant to this section;
10-37 (2) Submit those fingerprints to the Federal Bureau of
10-38 Investigation; and
10-39 (3) Receive a report from the Federal Bureau of
10-40 Investigation based on the submission of those fingerprints.
10-41 3. If an agency or political subdivision that wishes to request
10-42 and receive information from the Federal Bureau of Investigation
10-43 concerning a person pursuant to subsection 1 is required by
10-44 federal law to comply with specific procedures to request and
11-1 receive such information from the Federal Bureau of
11-2 Investigation:
11-3 (a) The provisions of subsection 2 do not apply to the agency
11-4 or political subdivision; and
11-5 (b) The agency or political subdivision must comply with the
11-6 specific procedures required by federal law.
11-7 Sec. 19. NRS 391.033 is hereby amended to read as follows:
11-8 391.033 1. All licenses for teachers and other educational
11-9 personnel are granted by the Superintendent of Public Instruction
11-10 pursuant to regulations adopted by the Commission and as
11-11 otherwise provided by law.
11-12 2. An application for the issuance of a license must include the
11-13 social security number of the applicant.
11-14 3. Every applicant for a license must submit with his
11-15 application a complete set of his fingerprints and written permission
11-16 authorizing the Superintendent to forward the fingerprints to the
11-17 Central Repository for Nevada Records of Criminal History for its
11-18 report on the criminal history of the applicant and for submission
11-19 to the Federal Bureau of Investigation [and to the Central
11-20 Repository for Nevada Records of Criminal History for their
11-21 reports] for its report on the criminal history of the applicant.
11-22 4. The Superintendent may issue a provisional license pending
11-23 receipt of the reports of the Federal Bureau of Investigation and the
11-24 Central Repository for Nevada Records of Criminal History if he
11-25 determines that the applicant is otherwise qualified.
11-26 5. A license must be issued to an applicant if:
11-27 (a) The Superintendent determines that the applicant is
11-28 qualified;
11-29 (b) The reports on the criminal history of the applicant from the
11-30 Federal Bureau of Investigation and the Central Repository for
11-31 Nevada Records of Criminal History:
11-32 (1) Do not indicate that the applicant has been convicted of a
11-33 felony or any offense involving moral turpitude; or
11-34 (2) Indicate that the applicant has been convicted of a felony
11-35 or an offense involving moral turpitude but the Superintendent
11-36 determines that the conviction is unrelated to the position within the
11-37 county school district for which the applicant applied; and
11-38 (c) The applicant submits the statement required pursuant to
11-39 NRS 391.034.
11-40 Sec. 20. NRS 391.100 is hereby amended to read as follows:
11-41 391.100 1. The board of trustees of a school district may
11-42 employ a superintendent of schools, teachers and all other necessary
11-43 employees.
11-44 2. The board of trustees of a school district:
12-1 (a) May employ teacher aides and other auxiliary,
12-2 nonprofessional personnel to assist licensed personnel in the
12-3 instruction or supervision of children, either in the classroom or at
12-4 any other place in the school or on the grounds thereof; and
12-5 (b) Shall establish policies governing the duties and
12-6 performance of teacher aides.
12-7 3. Each applicant for employment pursuant to this section,
12-8 except a teacher or other person licensed by the Superintendent of
12-9 Public Instruction, must, as a condition to employment, submit to
12-10 the school district a full set of his fingerprints and written
12-11 permission authorizing the school district to forward the fingerprints
12-12 to the Central Repository for Nevada Records of Criminal History
12-13 for its report on the criminal history of the applicant and for
12-14 submission to the Federal Bureau of Investigation [and the Central
12-15 Repository for Nevada Records of Criminal History for their
12-16 reports] for its report on the criminal history of the applicant.
12-17 4. Except as otherwise provided in subsection 5, the board of
12-18 trustees of a school district shall not require a licensed teacher or
12-19 other person licensed by the Superintendent of Public Instruction
12-20 pursuant to NRS 391.033 who has taken a leave of absence from
12-21 employment authorized by the school district, including, without
12-22 limitation:
12-23 (a) Sick leave;
12-24 (b) Sabbatical leave;
12-25 (c) Personal leave;
12-26 (d) Leave for attendance at a regular or special session of the
12-27 Legislature of this state if the employee is a member thereof;
12-28 (e) Maternity leave; and
12-29 (f) Leave permitted by the Family and Medical Leave Act of
12-30 1993, 29 U.S.C. §§ 2601 et seq.,
12-31 to submit a set of his fingerprints as a condition of return to or
12-32 continued employment with the school district if the employee is in
12-33 good standing when the employee began the leave.
12-34 5. A board of trustees of a school district may ask the
12-35 Superintendent of Public Instruction to require a person licensed by
12-36 the Superintendent of Public Instruction pursuant to NRS 391.033
12-37 who has taken a leave of absence from employment authorized by
12-38 the school district to submit a set of his fingerprints as a condition of
12-39 return to or continued employment with the school district if the
12-40 board of trustees has probable cause to believe that the person has
12-41 committed a felony or an offense involving moral turpitude during
12-42 the period of his leave of absence.
12-43 6. The board of trustees of a school district may employ or
12-44 appoint persons to serve as school police officers. If the board of
12-45 trustees of a school district employs or appoints persons to serve as
13-1 school police officers, the board of trustees shall employ a law
13-2 enforcement officer to serve as the chief of school police who is
13-3 supervised by the superintendent of schools of the school district.
13-4 The chief of school police shall supervise each person appointed or
13-5 employed by the board of trustees as a school police officer. In
13-6 addition, persons who provide police services pursuant to subsection
13-7 7 or 8 shall be deemed school police officers.
13-8 7. The board of trustees of a school district in a county that has
13-9 a metropolitan police department created pursuant to chapter 280 of
13-10 NRS[,] may contract with the metropolitan police department for
13-11 the provision and supervision of police services in the public
13-12 schools within the jurisdiction of the metropolitan police department
13-13 and on property therein that is owned by the school district. If a
13-14 contract is entered into pursuant to this subsection, the contract must
13-15 make provision for the transfer of each school police officer
13-16 employed by the board of trustees to the metropolitan police
13-17 department. If the board of trustees of a school district contracts
13-18 with a metropolitan police department pursuant to this subsection,
13-19 the board of trustees shall, if applicable, cooperate with appropriate
13-20 local law enforcement agencies within the school district for the
13-21 provision and supervision of police services in the public schools
13-22 within the school district and on property owned by the school
13-23 district, but outside the jurisdiction of the metropolitan police
13-24 department.
13-25 8. The board of trustees of a school district in a county that
13-26 does not have a metropolitan police department created pursuant to
13-27 chapter 280 of NRS may contract with the sheriff of that county for
13-28 the provision of police services in the public schools within the
13-29 school district and on property therein that is owned by the school
13-30 district.
13-31 Sec. 21. NRS 394.465 is hereby amended to read as follows:
13-32 394.465 1. Except as otherwise provided in subsection 4,
13-33 before a postsecondary educational institution employs or contracts
13-34 with a person:
13-35 (a) To occupy an instructional position;
13-36 (b) To occupy an administrative or financial position, including
13-37 a position as school director, personnel officer, counselor, admission
13-38 representative, solicitor, canvasser, surveyor, financial aid officer or
13-39 any similar position; or
13-40 (c) To act as an agent for the institution,
13-41 the applicant must submit to the Administrator completed
13-42 fingerprint cards and a form authorizing an investigation of the
13-43 applicant’s background and the submission of a complete set of his
13-44 fingerprints to the Central Repository for Nevada Records of
13-45 Criminal History [and] for its report and for submission to the
14-1 Federal Bureau of Investigation[.] for its report. The fingerprint
14-2 cards and authorization form submitted must be those which are
14-3 provided to the applicant by the Administrator. The applicant’s
14-4 fingerprints must be taken by an agency of law enforcement.
14-5 2. The Administrator shall keep the results of the investigation
14-6 confidential . [, except that if the investigation discloses that the
14-7 applicant has been convicted of any felony, the Administrator shall
14-8 notify the applicant and the hiring institution of the conviction and
14-9 the nature of the offense.]
14-10 3. The applicant shall pay the cost of the investigation.
14-11 4. An applicant is not required to satisfy the requirements of
14-12 subsection 1 if he:
14-13 (a) Is licensed by the Superintendent of Public Instruction;
14-14 (b) Is an employee of the United States Department of Defense;
14-15 (c) Is a member of the faculty of an accredited postsecondary
14-16 educational institution in another state who is domiciled in a state
14-17 other than Nevada and is present in Nevada for a temporary period
14-18 to teach at a branch of that accredited institution; or
14-19 (d) Has satisfied the requirements of subsection 1 within the
14-20 immediately preceding 5 years.
14-21 Sec. 22. NRS 450B.800 is hereby amended to read as follows:
14-22 450B.800 An applicant for any permit, license or certificate
14-23 issued pursuant to this chapter shall furnish to the health authority a
14-24 complete set of his fingerprints and written permission authorizing
14-25 the health authority to forward those fingerprints to the Central
14-26 Repository for Nevada Records of Criminal History for submission
14-27 to the Federal Bureau of Investigation for its report. The health
14-28 authority may exchange with the Federal Bureau of Investigation
14-29 any information respecting the fingerprints of an applicant.
14-30 Sec. 23. NRS 463.1405 is hereby amended to read as follows:
14-31 463.1405 1. The Board shall investigate the qualifications of
14-32 each applicant under this chapter before any license is issued or any
14-33 registration, finding of suitability or approval of acts or transactions
14-34 for which Commission approval is required or permission is
14-35 granted, and shall continue to observe the conduct of all licensees
14-36 and other persons having a material involvement directly or
14-37 indirectly with a licensed gaming operation or registered holding
14-38 company to ensure that licenses are not issued or held by, nor is
14-39 there any material involvement directly or indirectly with a licensed
14-40 gaming operation or registered holding company by unqualified,
14-41 disqualified or unsuitable persons, or persons whose operations are
14-42 conducted in an unsuitable manner or in unsuitable or prohibited
14-43 places or locations.
14-44 2. To request and receive information from the Federal
14-45 Bureau of Investigation concerning an investigation of an
15-1 applicant pursuant to this section, the Board must receive a
15-2 complete set of fingerprints of the applicant which the Board must
15-3 forward to the Central Repository for Nevada Records of Criminal
15-4 History for submission to the Federal Bureau of Investigation for
15-5 its report.
15-6 3. The Board has full and absolute power and authority to
15-7 recommend the denial of any application, the limitation,
15-8 conditioning or restriction of any license, registration, finding of
15-9 suitability or approval, the suspension or revocation of any license,
15-10 registration, finding of suitability or approval or the imposition of a
15-11 fine upon any person licensed, registered, found suitable or
15-12 approved for any cause deemed reasonable by the Board.
15-13 [3.] 4. The Commission has full and absolute power and
15-14 authority to deny any application or limit, condition, restrict, revoke
15-15 or suspend any license, registration, finding of suitability or
15-16 approval, or fine any person licensed, registered, found suitable or
15-17 approved, for any cause deemed reasonable by the Commission.
15-18 Sec. 24. NRS 463.4095 is hereby amended to read as follows:
15-19 463.4095 1. To register with or request the approval of the
15-20 Executive Director, a qualified organization must submit to him:
15-21 (a) A written application containing:
15-22 (1) The name, address and nature of the organization.
15-23 (2) Proof that the organization is a qualified organization.
15-24 (3) The names of the officers or principals of the
15-25 organization, and of any person responsible for the management,
15-26 administration or supervision of the organization’s charitable bingo
15-27 games and any activities related to those bingo games.
15-28 (4) A description of all the prizes to be offered in charitable
15-29 bingo games operated by the organization during the calendar year
15-30 to which the application pertains and, if the approval of the
15-31 Executive Director is required, a summary of the anticipated
15-32 expenses of conducting those bingo games, including copies of any
15-33 proposed agreements between the organization and any suppliers of
15-34 material for the operation of those bingo games.
15-35 (5) A description of the intended use of the net proceeds of
15-36 charitable bingo games operated by the organization during the
15-37 calendar year to which the application pertains.
15-38 (6) The address of the location where charitable bingo games
15-39 will be conducted by the organization during the calendar year to
15-40 which the application pertains.
15-41 (7) A statement that charitable bingo games will be
15-42 conducted in accordance with standards of honesty and integrity
15-43 applicable to licensed bingo games in this state.
15-44 (8) Any other information the Executive Director deems
15-45 appropriate.
16-1 (b) A nonrefundable fee of:
16-2 (1) For registration, $10; or
16-3 (2) For a request for approval, $25.
16-4 (c) If the qualified organization requests approval of the
16-5 Executive Director, it must [submit the] :
16-6 (1) Submit a complete set of the fingerprints of its officers,
16-7 principals and persons responsible for management of the bingo
16-8 games, on forms approved by the Executive Director , which the
16-9 Executive Director may forward to the Central Repository for
16-10 Nevada Records of Criminal History for submission to the Federal
16-11 Bureau of Investigation for its report; and [must reimburse]
16-12 (2) Reimburse the Board for its costs incurred in submitting
16-13 the fingerprints for review.
16-14 2. A qualified organization shall submit such additional
16-15 information as necessary to correct or complete any information
16-16 submitted pursuant to this section that becomes inaccurate or
16-17 incomplete. The approval of a qualified organization is suspended
16-18 during the period that any of the information is inaccurate or
16-19 incomplete. The Executive Director may reinstate the approval of
16-20 the organization only after all information has been corrected and
16-21 completed.
16-22 3. The money collected pursuant to this section must be
16-23 expended to administer and enforce the provisions of NRS 463.4091
16-24 to 463.40965, inclusive.
16-25 Sec. 25. NRS 463.520 is hereby amended to read as follows:
16-26 463.520 A corporation, other than a publicly traded
16-27 corporation, which applies for a state gaming license shall register
16-28 as a corporation with the Board, and shall provide the following
16-29 information to the Board:
16-30 1. The organization, financial structure and nature of the
16-31 business to be operated, including [the names,] :
16-32 (a) The names and personal history [and] of all officers,
16-33 directors and key employees;
16-34 (b) A complete set of the fingerprints of all officers, directors
16-35 and key employees [, and the] which the Board may forward to the
16-36 Central Repository for Nevada Records of Criminal History for
16-37 submission to the Federal Bureau of Investigation for its report;
16-38 and
16-39 (c) The names, addresses and number of shares held by all
16-40 stockholders.
16-41 2. The rights and privileges acquired by the holders of different
16-42 classes of authorized securities, including debentures.
16-43 3. The terms on which securities are to be offered.
17-1 4. The terms and conditions of all outstanding loans,
17-2 mortgages, trust deeds, pledges or any other indebtedness or security
17-3 device.
17-4 5. The extent of the equity security holding in the corporation
17-5 of all officers, directors and underwriters, and their remuneration as
17-6 compensation for services, in the form of salary, wages, fees or
17-7 otherwise.
17-8 6. Remuneration to persons other than directors and officers
17-9 exceeding $30,000 per annum.
17-10 7. Bonus and profit-sharing arrangements.
17-11 8. Management and service contracts.
17-12 9. Options existing, or to be created.
17-13 10. Balance sheets for at least 3 preceding fiscal years, or, if
17-14 the corporation has not been incorporated for a period of 3 years,
17-15 balance sheets from the time of its incorporation. All balance sheets
17-16 shall be certified by independent public accountants certified or
17-17 registered in the State of Nevada.
17-18 11. Profit and loss statements for at least the 3 preceding fiscal
17-19 years, or, if the corporation has not been incorporated for a period of
17-20 3 years, profit and loss statements from the time of its incorporation.
17-21 All profit and loss statements shall be certified by independent
17-22 public accountants certified or registered in the State of Nevada.
17-23 12. Any further financial data which the Board may deem
17-24 necessary or appropriate for the protection of the State of Nevada, or
17-25 licensed gambling, or both.
17-26 Sec. 26. NRS 463.568 is hereby amended to read as follows:
17-27 463.568 The limited partnership which applies for a state
17-28 gaming license shall register as a limited partnership with the Board,
17-29 and shall provide the following information to the Board:
17-30 1. The organization, financial structure and nature of the
17-31 business to be operated, including [the names,] :
17-32 (a) The names and personal history [and] of all general
17-33 partners and key employees;
17-34 (b) A complete set of the fingerprints of all general partners and
17-35 key employees [, and the]which the Board may forward to the
17-36 Central Repository for Nevada Records of Criminal History for
17-37 submission to the Federal Bureau of Investigation for its report;
17-38 and
17-39 (c) The name, address and interest of each limited partner.
17-40 2. The rights, privileges and relative priorities of limited
17-41 partners as to the return of contributions to capital, and the right to
17-42 receive income.
17-43 3. The terms on which limited partnership interests are to be
17-44 offered.
18-1 4. The terms and conditions of all outstanding loans,
18-2 mortgages, trust deeds, pledges or any other indebtedness or security
18-3 device.
18-4 5. The extent of the holding in the limited partnership of all
18-5 underwriters, and their remuneration as compensation for services,
18-6 in the form of salary, wages, fees or otherwise.
18-7 6. Remuneration to persons other than general partners
18-8 exceeding $30,000 per annum.
18-9 7. Bonus and profit-sharing arrangements.
18-10 8. Management and service contracts.
18-11 9. Options existing, or to be created.
18-12 10. Balance sheets for at least the 3 preceding fiscal years, or,
18-13 if the limited partnership has not been in existence for 3 years,
18-14 balance sheets from the time of its formation. All balance sheets
18-15 must be certified by independent public accountants certified or
18-16 registered in this state.
18-17 11. Profit and loss statements for at least the 3 preceding fiscal
18-18 years, or, if the limited partnership has not been in existence for 3
18-19 years, profit and loss statements from the time of its formation. All
18-20 profit and loss statements must be certified by independent public
18-21 accountants certified or registered in this state.
18-22 12. Any further financial data which the Board may deem
18-23 necessary or appropriate for the protection of the State of Nevada, or
18-24 licensed gambling, or both.
18-25 Sec. 27. NRS 463.5734 is hereby amended to read as follows:
18-26 463.5734 A limited-liability company which applies for a
18-27 license shall register as a limited-liability company with the Board,
18-28 and shall provide the following information to the Board:
18-29 1. The organization, financial structure and nature of the
18-30 business to be operated, including [the names,] :
18-31 (a) The names and personal history of each director, manager,
18-32 member and key employee; and
18-33 (b) A complete set of the fingerprints of each director, manager,
18-34 member and key employee [.] which the Board may forward to the
18-35 Central Repository for Nevada Records of Criminal History for
18-36 submission to the Federal Bureau of Investigation for its report.
18-37 2. The rights, privileges and relative priorities of the members
18-38 as to the return of contributions to capital and the right to receive
18-39 distribution of profits.
18-40 3. The terms on which interests in the limited-liability
18-41 company are to be offered.
18-42 4. The terms and conditions of all outstanding loans,
18-43 mortgages, trust deeds, pledges and any other indebtedness or
18-44 security device.
19-1 5. The extent of the holding in the limited-liability company of
19-2 all underwriters, and their remuneration as compensation for
19-3 services, in the form of salary, wages, fees or otherwise.
19-4 6. Remuneration to persons other than directors and managers
19-5 exceeding $30,000 per annum.
19-6 7. Bonus and profit-sharing arrangements.
19-7 8. Management and service contracts.
19-8 9. Options existing, or to be created.
19-9 10. Balance sheets for at least the 3 preceding fiscal years, or,
19-10 if the limited-liability company has not been in existence for 3
19-11 years, balance sheets from the time of its formation. All balance
19-12 sheets must be certified by independent public accountants certified
19-13 or registered in this state.
19-14 11. Profit and loss statements for at least the 3 preceding fiscal
19-15 years, or, if the limited-liability company has not been in existence
19-16 for 3 years, profit and loss statements from the time of its formation.
19-17 All profit and loss statements must be certified by independent
19-18 public accountants certified or registered in this state.
19-19 12. Any further financial data which the Board may deem
19-20 necessary or appropriate for the protection of the State of Nevada ,
19-21 or licensed gambling, or both.
19-22 Sec. 28. NRS 463A.030 is hereby amended to read as follows:
19-23 463A.030 1. Not later than the date on which a labor
19-24 organization which represents or seeks to represent gaming casino
19-25 employees in this state begins an organizational activity directed at a
19-26 gaming casino employee, the labor organization shall file with the
19-27 Board a list of its personnel who:
19-28 (a) Adjust or seek to adjust grievances for, negotiate or
19-29 administer the wages, hours, working conditions or conditions of
19-30 employment of any gaming casino employee;
19-31 (b) Solicit, collect or receive , or seek to solicit, collect or
19-32 receive any dues, assessments, levies, fines, contributions or other
19-33 charges within this state for or on behalf of the organization from
19-34 gaming casino employees; or
19-35 (c) Act as officers, members of the governing body, business
19-36 agents or in any other policymaking or supervisory position in the
19-37 organization.
19-38 2. Each person listed shall file with the Board :
19-39 (a) A complete set of his fingerprints [and complete]which the
19-40 Board may forward to the Central Repository for Nevada Records
19-41 of Criminal History for submission to the Federal Bureau of
19-42 Investigation for its report;
19-43 (b) Complete information in writing concerning his labor
19-44 organization activities, prior performance of the same or similar
20-1 functions, previous employment or occupational history[, and
20-2 criminal] ; and
20-3 (c) His criminal record if any, covering at least a 10-year period
20-4 unless the Board determines that a shorter period is appropriate.
20-5 3. The Commission shall by regulation prescribe the frequency
20-6 or circumstances or both with or under which the list must be
20-7 revised.
20-8 4. The Commission may by regulation prescribe:
20-9 (a) Any further information to be required concerning each
20-10 person listed or each person performing a particular function.
20-11 (b) The addition of other personnel to the list whose duties
20-12 significantly affect the conduct of a gaming operation.
20-13 5. In adopting regulations pursuant to this section, the
20-14 Commission shall proceed in the manner prescribed in chapter 463
20-15 of NRS.
20-16 6. For the purposes of this section, “organizational activity”
20-17 means:
20-18 (a) Soliciting membership by direct personal contact;
20-19 (b) Distributing cards regarding interests or representation; or
20-20 (c) Distributing or posting a flyer, poster or advertisement.
20-21 Sec. 29. NRS 467.030 is hereby amended to read as follows:
20-22 467.030 1. The members of the Commission shall elect one
20-23 of their number as Chairman of the Commission.
20-24 2. The Commission may purchase and use a seal.
20-25 3. The Commission may adopt regulations for the
20-26 administration of this chapter. The regulations must include:
20-27 (a) Number and qualifications of ring officials required at any
20-28 exhibition or contest.
20-29 (b) [Requirements that fingerprints be obtained and criminal
20-30 records be investigated for] Procedures for obtaining fingerprints
20-31 pursuant to NRS 467.100 to investigate the criminal history of all
20-32 ring officials and employees of the Commission[.] and any other
20-33 applicant the Commission wishes to investigate.
20-34 (c) Powers, duties and compensation of ring officials.
20-35 (d) Qualifications of licensees.
20-36 4. The Commission shall prepare all forms of contracts
20-37 between sponsors, licensees, promoters and contestants.
20-38 Sec. 30. NRS 467.100 is hereby amended to read as follows:
20-39 467.100 1. All contestants, promoters, managers, seconds,
20-40 trainers and ring officials must be licensed by the Commission. No
20-41 person may participate, directly or indirectly, in any professional
20-42 contest or exhibition of unarmed combat unless he has first procured
20-43 a license from the Commission.
21-1 2. The Commission may deny an application for a license or
21-2 grant a limited, restricted or conditional license for any cause
21-3 deemed sufficient by the Commission.
21-4 3. An application for a license constitutes a request for a
21-5 determination of the applicant’s general suitability, character,
21-6 integrity, and ability to participate or engage in, or be associated
21-7 with contests or exhibitions of unarmed combat. The burden of
21-8 proof is on the applicant to establish to the satisfaction of the
21-9 Commission that the applicant is qualified to receive a license. By
21-10 filing an application with the Commission, an applicant accepts the
21-11 risk of adverse public notice, embarrassment, criticism, financial
21-12 loss or other action with respect to his application, and expressly
21-13 waives any claim for damages as a result thereof. Any written or
21-14 oral statement that is made by any member of the Commission or
21-15 any witness testifying under oath which is relevant to the application
21-16 and investigation of the applicant is absolutely privileged and does
21-17 not impose liability for defamation or constitute a ground for
21-18 recovery in a civil action.
21-19 4. The Commission shall require:
21-20 (a) Each ring official and employee of the Commission; and
21-21 (b) Any other applicant the Commission wishes to
21-22 investigate,
21-23 to submit to the Commission with the application a complete set of
21-24 his fingerprints which the Commission may forward to the Central
21-25 Repository for Nevada Records of Criminal History for submission
21-26 to the Federal Bureau of Investigation for its report.
21-27 5. After an application has been submitted to the Commission,
21-28 the application may not be withdrawn unless the Commission
21-29 consents to the withdrawal.
21-30 [5.] 6. The Commission shall fix a uniform scale of license
21-31 fees.
21-32 [6.] 7. In addition to the license fees required by subsection
21-33 [5,] 6, the Commission may require an applicant for a license to:
21-34 (a) Pay the costs of the proceedings associated with the issuance
21-35 of the license, including, without limitation, investigative costs and
21-36 attorney’s fees; and
21-37 (b) Deposit with the Commission such an amount of money as
21-38 the Commission deems necessary to pay for those costs. If any
21-39 amount required to be deposited pursuant to this paragraph exceeds
21-40 the actual cost of the proceedings, including, without limitation,
21-41 investigative costs and attorney’s fees, the Commission shall refund
21-42 the excess amount to the applicant upon the completion of the
21-43 proceedings.
22-1 [7.] 8. It is a violation of this chapter for any person to
22-2 participate, directly or indirectly, as stated in subsection 1, unless he
22-3 has been granted a license therefor.
22-4 Sec. 31. NRS 489.321 is hereby amended to read as follows:
22-5 489.321 1. An application for a manufacturer’s, dealer’s,
22-6 rebuilder’s, serviceman’s or installer’s license must be filed upon
22-7 forms supplied by the Division and include the social security
22-8 number of the applicant. The applicant must furnish:
22-9 (a) Any proof the Division may deem necessary that the
22-10 applicant is a manufacturer, dealer, rebuilder, serviceman or
22-11 installer.
22-12 (b) Any proof the Division may require that the applicant has an
22-13 established place of business.
22-14 (c) Any proof the Division may require of the applicant’s good
22-15 character and reputation and of his fitness to engage in the activities
22-16 for which the license is sought.
22-17 (d) A complete set of his fingerprints and written permission
22-18 authorizing the Administrator to forward those fingerprints to the
22-19 Central Repository for Nevada Records of Criminal History for
22-20 submission to the Federal Bureau of Investigation for its report. The
22-21 Administrator may exchange with the Central Repository and
22-22 the Federal Bureau of Investigation any information relating to the
22-23 fingerprints of an applicant under this section.
22-24 (e) In the case of a dealer in new manufactured homes, an
22-25 instrument in the form prescribed by the Division executed by or on
22-26 behalf of the manufacturer certifying that the applicant is an
22-27 authorized franchise dealer for the make or makes concerned.
22-28 (f) A reasonable fee fixed by regulation.
22-29 (g) In the case of a dealer, rebuilder, serviceman or installer,
22-30 proof of passing the examination required under NRS 489.351.
22-31 (h) Any additional requirements the Division may from time to
22-32 time prescribe by regulation.
22-33 2. Within 60 days after the receipt of a complete application,
22-34 the Division shall issue or deny the license.
22-35 3. The Administrator may issue a provisional license pending
22-36 receipt of the report from the Federal Bureau of Investigation. Upon
22-37 receipt of the report and a determination by the Administrator that
22-38 the applicant is qualified, the Division shall issue to the applicant a
22-39 dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s
22-40 license containing the applicant’s name and the address of his fixed
22-41 place of business.
22-42 4. Each license is valid for a period of 2 years from the date of
22-43 issuance and may be renewed for like consecutive periods upon
22-44 application to and approval by the Division.
23-1 Sec. 32. NRS 489.341 is hereby amended to read as follows:
23-2 489.341 1. A person shall not act as a salesman in this state
23-3 or as a responsible managing employee for a person who sells,
23-4 leases, reconstructs, improves, repairs or installs any manufactured
23-5 home, mobile home or commercial coach subject to the provisions
23-6 of this chapter without first having received a license from the
23-7 Division. Before issuing such a license, the Division shall require:
23-8 (a) An application, signed and verified by the applicant, stating
23-9 that he desires to act as a salesman or responsible managing
23-10 employee and providing his residential address, his social security
23-11 number and the name and address of his employer.
23-12 (b) Proof of the employment of the applicant at the time the
23-13 application is filed. An applicant for a license as a responsible
23-14 managing employee shall submit proof of 2 years’ experience within
23-15 the previous 4 years in the business in which the applicant is seeking
23-16 to be licensed as a responsible managing employee.
23-17 (c) Proof of the applicant’s good character and reputation and of
23-18 his fitness to act as a salesman or responsible managing employee.
23-19 (d) A complete set of his fingerprints and written permission
23-20 authorizing the Administrator to forward those fingerprints to the
23-21 Central Repository for Nevada Records of Criminal History for
23-22 submission to the Federal Bureau of Investigation for its report. The
23-23 Administrator may exchange with the Central Repository and
23-24 the Federal Bureau of Investigation any information relating to the
23-25 fingerprints of an applicant.
23-26 (e) A statement as to whether any previous application of the
23-27 applicant has been denied or license revoked.
23-28 (f) Payment of a reasonable license fee established by
23-29 regulation.
23-30 (g) The applicant to have passed the examination required by
23-31 NRS 489.351.
23-32 (h) Any other information the Division deems necessary.
23-33 2. Within 60 days after the receipt of a complete application,
23-34 the Division shall issue or deny the license.
23-35 3. The Administrator may issue a provisional license pending
23-36 receipt of the report from the Federal Bureau of Investigation. Upon
23-37 receipt of the report and a determination by the Administrator that
23-38 the applicant is qualified, the Administrator shall issue to the
23-39 applicant a license as a salesman or a responsible managing
23-40 employee. The license must contain the licensee’s name and the
23-41 address of his employer’s place of business.
23-42 4. Each license is valid for 2 years from the date of issuance
23-43 and may be renewed for like consecutive periods upon application
23-44 to and approval by the Division.
24-1 5. A person licensed pursuant to this section shall not engage in
24-2 sales activity other than for the account of, or for and in behalf of, a
24-3 single employer who is a licensed dealer, rebuilder, serviceman or
24-4 installer.
24-5 6. A license issued pursuant to this section may be transferred
24-6 to another licensed employer upon application and the payment of a
24-7 transfer fee of $10. When a salesman or responsible managing
24-8 employee holding a current license leaves the employment of one
24-9 dealer, rebuilder, serviceman or installer for that of another, the new
24-10 employer may employ the salesman or responsible managing
24-11 employee pending the transfer of the license if the transfer is
24-12 completed within 10 days.
24-13 7. A license issued pursuant to this section must be posted in a
24-14 conspicuous place on the premises of the employer for whom the
24-15 holder of the license is licensed.
24-16 8. If a salesman or responsible managing employee ceases to
24-17 be employed by a licensed dealer, rebuilder, serviceman[,] or
24-18 installer, his license to act as a salesman or responsible managing
24-19 employee is automatically suspended and his right to act in that
24-20 capacity immediately ceases, and he shall not engage in such an
24-21 activity until reemployed by a licensed dealer, rebuilder, serviceman
24-22 or installer. Every licensed salesman and responsible managing
24-23 employee shall report in writing to the Division every change in his
24-24 place of employment[,] or termination of employment within 5 days
24-25 after the date of making the change.
24-26 Sec. 33. NRS 574.040 is hereby amended to read as follows:
24-27 574.040 1. Except as otherwise provided in this subsection
24-28 and NRS 574.350, a member, agent or local or district officer of a
24-29 society so incorporating, if authorized in writing by the trustees of
24-30 the society, approved by the district judge of the county, and sworn
24-31 in the same manner as peace officers are sworn, may make arrests
24-32 for a violation of the provisions of this chapter in the same manner
24-33 as is provided for other officers. The provisions of this subsection
24-34 apply only to a society that, on the date the society submits an
24-35 application to the district judge for approval for a member, agent or
24-36 local or district officer of the society to make arrests pursuant to this
24-37 subsection:
24-38 (a) Has at least 25 members; and
24-39 (b) Has been incorporated in accordance with NRS 574.010 for
24-40 not less than 5 years immediately preceding the submission of the
24-41 application.
24-42 2. Before submitting an application specified in subsection 1,
24-43 the society shall [submit to the sheriff of the county a complete set
24-44 of the fingerprints of the]require that each member, agent or local
24-45 or district officer of the society to whom the application relates [.]
25-1 submit to the society a complete set of his fingerprints which the
25-2 society shall submit to the sheriff of the county.
25-3 3. The sheriff shall:
25-4 (a) Upon receipt of the fingerprints, [the sheriff shall] forward
25-5 the fingerprints to the Central Repository for Nevada Records of
25-6 Criminal History for submission to the Federal Bureau of
25-7 Investigation for a report concerning the criminal history of the
25-8 member, agent or local or district officer of the society.
25-9 (b) Upon receipt of the report, [the sheriff shall] forward the
25-10 report to the society. The society shall include the report in the
25-11 application submitted pursuant to subsection 1.
25-12 [3.] 4. A member, agent or local or district officer who is
25-13 authorized to make arrests pursuant to subsection 1 shall, when
25-14 making those arrests, exhibit and expose a suitable badge, to be
25-15 adopted by the society.
25-16 [4.] 5. A person who resists such a specially appointed officer
25-17 shall be punished for that resistance in the same manner as is
25-18 provided for the punishment of resistance to other officers.
25-19 Sec. 34. NRS 599B.115 is hereby amended to read as follows:
25-20 599B.115 1. Except as otherwise provided in subsection 5,
25-21 each applicant for registration as a seller must obtain a work card
25-22 issued pursuant to subsection 3 by the sheriff of the county in which
25-23 the business of the applicant is located.
25-24 2. Except as otherwise provided in subsection 5, each principal
25-25 officer, director, trustee, shareholder, owner, partner and employee
25-26 of a seller, and each salesman associated with a seller who is not an
25-27 employee of the seller, must obtain a work card issued pursuant to
25-28 subsection 3 by the sheriff of the county in which the business of the
25-29 seller is located that authorizes his association with the seller.
25-30 3. The sheriff of a county shall issue a work card to each
25-31 person who is required by this section to obtain a work card and
25-32 who complies with the requirements established by the sheriff for
25-33 the issuance of such a card. A work card issued pursuant to this
25-34 section must be renewed each year.
25-35 4. If the sheriff of a county requires an applicant for a work
25-36 card to be investigated, the applicant must submit [a set of his
25-37 fingerprints] with his application [,] a complete set of his
25-38 fingerprints which the sheriff may [submit the fingerprints]forward
25-39 to the Central Repository for Nevada Records of Criminal History
25-40 [and] for submission to the Federal Bureau of Investigation to
25-41 determine the criminal history of the applicant.
25-42 5. A person who is licensed or registered pursuant to chapter
25-43 119A or 645 of NRS is not required to obtain a work card pursuant
25-44 to this section.
26-1 Sec. 35. NRS 616B.374 is hereby amended to read as follows:
26-2 616B.374 1. Except as otherwise provided in this section, a
26-3 person shall not advertise or offer for sale in this state any policies
26-4 or memberships or solicit or receive any money, subscriptions,
26-5 applications, premiums, assessments, memberships or any other fee
26-6 or charge in connection with a proposed association of self-insured
26-7 public or private employers unless he has obtained a solicitor’s
26-8 permit from the Commissioner.
26-9 2. To obtain a solicitor’s permit, a person must file a written
26-10 application with the Commissioner. The application must include:
26-11 (a) The name, type and purposes of the association formed or
26-12 proposed to be formed or financed;
26-13 (b) [The name, residential address, business, professional or
26-14 employment experience for the preceding 10 years and
26-15 qualifications of] On forms furnished by the Commissioner, for
26-16 each person associated or to be associated as director, promoter,
26-17 manager, member of the board or in other similar capacity in the
26-18 association, or in the formation of the proposed association or in the
26-19 proposed financing[, together with the fingerprints of each person
26-20 so associated or to be associated, on forms furnished by the
26-21 Commissioner;] :
26-22 (1) His name, residential address and qualifications;
26-23 (2) His business, professional or employment experience
26-24 for the preceding 10 years; and
26-25 (3) A complete set of his fingerprints which the
26-26 Commissioner may forward to the Central Repository for Nevada
26-27 Records of Criminal History for submission to the Federal Bureau
26-28 of Investigation for its report;
26-29 (c) A full disclosure of the terms of all pertinent understandings
26-30 and agreements existing or proposed among any persons or entities
26-31 so associated or to be associated, and a copy of each such
26-32 agreement;
26-33 (d) A copy of the articles of incorporation and bylaws of a
26-34 solicitor, if incorporated;
26-35 (e) The plan according to which solicitations are to be made and
26-36 a reasonably detailed estimate of all administrative and sales
26-37 expenses to be incurred;
26-38 (f) A copy of any certificate proposed to be offered, and a copy
26-39 of any proposed application therefor;
26-40 (g) A copy of any prospectus, offering circular, advertising or
26-41 sales literature or materials proposed to be used;
26-42 (h) Proof of an escrow account and agreement for the deposit of
26-43 all funds collected during the formation of the association; and
26-44 (i) Such additional pertinent information as the Commissioner
26-45 may reasonably require.
27-1 3. The application must be accompanied by a fee of $500 for
27-2 the filing of the application and for the issuance of the permit, if
27-3 granted. A solicitor must submit this fee each year thereafter if he
27-4 continues to recruit new members for an association.
27-5 4. A person who violates subsection 1 is guilty of a category D
27-6 felony and shall be punished as provided in NRS 193.130.
27-7 5. The provisions of this section do not apply to:
27-8 (a) A bona fide trade association that has been in existence for at
27-9 least 5 years and solicits members of its trade association; or
27-10 (b) A person who is employed by:
27-11 (1) Current members of an association; or
27-12 (2) Employers that are considering membership in an
27-13 association,
27-14 whose primary duties do not include solicitation of potential
27-15 members of the association.
27-16 Sec. 36. NRS 631.220 is hereby amended to read as follows:
27-17 631.220 1. Every applicant for a license to practice dental
27-18 hygiene or dentistry, or any of its special branches, shall:
27-19 (a) File an application with the Board 45 days before the date on
27-20 which the examination is to be given.
27-21 (b) Accompany the application with a recent photograph of
27-22 himself together with the required examination fee and such other
27-23 documentation as the Board may require by regulation.
27-24 (c) Submit with the application a complete set of fingerprints
27-25 and written permission authorizing the Board to forward the
27-26 fingerprints to the Central Repository for Nevada Records of
27-27 Criminal History for submission to the Federal Bureau of
27-28 Investigation for its report.
27-29 2. An application must include the social security number of
27-30 the applicant.
27-31 Sec. 37. Chapter 634 of NRS is hereby amended by adding
27-32 thereto a new section to read as follows:
27-33 Each applicant for a license to practice chiropractic or to
27-34 practice as a chiropractor’s assistant must submit to the Board a
27-35 complete set of his fingerprints which the Board may forward to
27-36 the Central Repository for Nevada Records of Criminal History
27-37 for submission to the Federal Bureau of Investigation for its
27-38 report.
27-39 Sec. 38. NRS 634A.110 is hereby amended to read as follows:
27-40 634A.110 1. An applicant for examination for a license to
27-41 practice Oriental medicine , or any branch thereof, shall:
27-42 (a) Submit an application to the Board on forms provided by the
27-43 Board;
27-44 (b) Submit satisfactory evidence that he is 21 years or older and
27-45 meets the appropriate educational requirements;
28-1 (c) Submit with the application a complete set of his
28-2 fingerprints which the Board may forward to the Central
28-3 Repository for Nevada Records of Criminal History for submission
28-4 to the Federal Bureau of Investigation for its report;
28-5 (d) Pay a fee established by the Board of not more than $1,000;
28-6 and
28-7 [(d)] (e) Pay any fees required by the Board for an investigation
28-8 of the applicant or for the services of a translator, if the translator is
28-9 required to enable the applicant to take the examination.
28-10 2. An application submitted to the Board pursuant to
28-11 subsection 1 must include the social security number of the
28-12 applicant.
28-13 Sec. 39. NRS 640.090 is hereby amended to read as follows:
28-14 640.090 Unless he is entitled to licensure under NRS 640.120
28-15 or 640.140, a person who desires to be licensed as a physical
28-16 therapist must:
28-17 1. Apply to the Board, in writing, on a form furnished by the
28-18 Board;
28-19 2. Include in the application his social security number and
28-20 evidence, under oath, satisfactory to the Board, that he possesses the
28-21 qualifications required by NRS 640.080 other than having passed
28-22 the examination;
28-23 3. Pay to the Board at the time of filing his application a fee set
28-24 by a regulation of the Board in an amount not to exceed $300;
28-25 4. Submit [his fingerprints] to the Board with his application[;
28-26 and]a complete set of his fingerprints which the Board may
28-27 forward to the Central Repository for Nevada Records of Criminal
28-28 History for submission to the Federal Bureau of Investigation for
28-29 its report; and
28-30 5. Submit other documentation and proof the Board may
28-31 require.
28-32 Sec. 40. NRS 640.250 is hereby amended to read as follows:
28-33 640.250 Unless he is entitled to a license under NRS 640.270,
28-34 a person who desires to be licensed as a physical therapist’s assistant
28-35 must:
28-36 1. Apply to the Board, in writing, on a form furnished by the
28-37 Board. The application for licensure as a physical therapist’s
28-38 assistant must also be signed by the supervising physical therapist of
28-39 the applicant.
28-40 2. Include in the application his social security number and
28-41 evidence, under oath, satisfactory to the Board, that he possesses the
28-42 qualifications required by NRS 640.230 other than having passed
28-43 the examination.
28-44 3. Pay to the Board at the time of filing his application a fee set
28-45 by a regulation of the Board in an amount not to exceed $200.
29-1 4. Submit [his fingerprints] to the Board with his application[.]
29-2 a complete set of his fingerprints which the Board may forward to
29-3 the Central Repository for Nevada Records of Criminal History
29-4 for submission to the Federal Bureau of Investigation for its
29-5 report.
29-6 5. Submit such documentation and proof as the Board may
29-7 require.
29-8 6. Pay the fee for examination of the applicant as the Board
29-9 may establish.
29-10 Sec. 41. Chapter 641B of NRS is hereby amended by adding
29-11 thereto a new section to read as follows:
29-12 Each applicant for a license must submit to the Board a
29-13 complete set of his fingerprints which the Board may forward to
29-14 the Central Repository for Nevada Records of Criminal History
29-15 for submission to the Federal Bureau of Investigation for its
29-16 report.
29-17 Sec. 42. NRS 641C.260 is hereby amended to read as follows:
29-18 641C.260 Each applicant for a license or certificate must
29-19 submit to the Board:
29-20 1. An application on a form provided by the Board; [and]
29-21 2. A complete set of his fingerprints which the Board may
29-22 forward to the Central Repository for Nevada Records of Criminal
29-23 History for submission to the Federal Bureau of Investigation for
29-24 its report; and
29-25 3. The application fee prescribed in NRS 641C.470.
29-26 Sec. 43. NRS 645.355 is hereby amended to read as follows:
29-27 645.355 1. An applicant for a license as a broker, broker-
29-28 salesman or salesman in this state must, as part of his application, be
29-29 fingerprinted. Each applicant [shall,] must, at his own expense, and
29-30 on a card provided by the Division, arrange to be fingerprinted by
29-31 any police or sheriff’s office and [shall]must attach his fingerprint
29-32 card, after his fingerprints are taken, to his application.
29-33 2. The Division may [mail]forward the applicant’s fingerprint
29-34 card to :
29-35 (a) The Central Repository for Nevada Records of Criminal
29-36 History for submission to theFederal Bureau of Investigation [,
29-37 Washington, D.C.,] for its report [, and to such]; and
29-38 (b) Such other law enforcement agencies as the Division may
29-39 deem necessary.
29-40 Sec. 44. NRS 645.6065 is hereby amended to read as follows:
29-41 645.6065 1. Except as otherwise provided in NRS 645.607, a
29-42 person shall not act as a qualified intermediary unless he is
29-43 registered as such with the Division. The Division may adopt such
29-44 regulations as it deems necessary to carry out the provisions of NRS
29-45 645.606 to 645.609, inclusive.
30-1 2. A person may apply for registration by paying to the
30-2 Division a $100 fee plus the actual cost of a background
30-3 investigation conducted by the Federal Bureau of Investigation and
30-4 filing with the Division:
30-5 (a) The following information on a form provided by the
30-6 Division:
30-7 (1) The applicant’s name, address and telephone number;
30-8 (2) The name under which the applicant will hold the money
30-9 or other property of a client;
30-10 (3) The names, residence and business addresses of all
30-11 persons having an interest in the business as principals, partners,
30-12 officers, trustees or directors, specifying the capacity and title of
30-13 each;
30-14 (4) If the applicant is a natural person, the social security
30-15 number of the applicant; and
30-16 (5) The length of time the applicant has been engaged in the
30-17 business of acting as such an intermediary;
30-18 (b) If the person is a natural person, the statement required
30-19 pursuant to NRS 645.6068; and
30-20 (c) A card provided by the Division upon which a complete set
30-21 of the applicant’s fingerprints, taken by an agency of law
30-22 enforcement, are displayed.
30-23 3. The Division shall:
30-24 (a) [Mail] Forward the card upon which the applicant’s
30-25 fingerprints are displayed to the Central Repository for submission
30-26 to the Federal Bureau of Investigation; and
30-27 (b) Request from the Central Repository and the Federal
30-28 Bureau of Investigation such information regarding the applicant’s
30-29 criminal history as the Division deems necessary.
30-30 4. Registration pursuant to this section must be renewed each
30-31 year on or before the date of the original registration by providing
30-32 the information required by the Division for that purpose and paying
30-33 a renewal fee of $75.
30-34 Sec. 45. NRS 645B.450 is hereby amended to read as follows:
30-35 645B.450 1. A person shall not act as or provide any of the
30-36 services of a mortgage agent or otherwise engage in, carry on or
30-37 hold himself out as engaging in or carrying on the activities of a
30-38 mortgage agent if the person:
30-39 (a) Has been convicted of, or entered a plea of nolo contendere
30-40 to, a felony or any crime involving fraud, misrepresentation or
30-41 moral turpitude; or
30-42 (b) Has had a financial services license or registration suspended
30-43 or revoked within the immediately preceding 10 years.
30-44 2. A mortgage agent may not be associated with or employed
30-45 by more than one mortgage broker at the same time.
31-1 3. A mortgage broker shall register with the Division each
31-2 person who will be associated with or employed by the mortgage
31-3 broker as a mortgage agent. A mortgage broker shall register each
31-4 such person with the Division when the person begins his
31-5 association or employment with the mortgage broker and annually
31-6 thereafter. A registration expires 12 months after its effective date.
31-7 4. To register a person as a mortgage agent, a mortgage broker
31-8 must:
31-9 (a) Submit to the Division a registration form which is provided
31-10 by the Division and which:
31-11 (1) States the name, residence address and business address
31-12 of the person;
31-13 (2) Is signed by the person;
31-14 (3) Includes a provision by which the person gives his
31-15 written consent to an investigation of his credit history, criminal
31-16 history and background; [and]
31-17 (4) Includes a complete set of his fingerprints which the
31-18 Division may forward to the Central Repository for Nevada
31-19 Records of Criminal History for submission to the Federal Bureau
31-20 of Investigation for its report; and
31-21 (5) Includes any other information or supporting materials
31-22 required by the regulations adopted by the Commissioner. Such
31-23 information or supporting materials may include, without limitation,
31-24 [a complete set of fingerprints from the person,] the social security
31-25 number of the person and other forms of identification of the person.
31-26 (b) For each initial registration, pay the actual costs and
31-27 expenses incurred by the Division to investigate the credit history,
31-28 criminal history and background of the person. All money received
31-29 pursuant to this paragraph must be placed in the Investigative
31-30 Account created by NRS 232.545.
31-31 (c) For each annual registration, submit to the Division
31-32 satisfactory proof that the person attended at least 5 hours of
31-33 certified courses of continuing education during the 12 months
31-34 immediately preceding the date on which the registration expires.
31-35 5. Not later than the date on which the mortgage broker
31-36 submits the information for annual registration required by
31-37 subsection 4, the person being registered shall pay an annual
31-38 registration fee of $125. If the person does not pay the annual
31-39 registration fee, the person shall be deemed to be unregistered for
31-40 the purposes of this chapter.
31-41 6. A mortgage broker shall not employ a person as a mortgage
31-42 agent or authorize a person to be associated with the mortgage
31-43 broker as a mortgage agent if the mortgage broker has not registered
31-44 the person with the Division pursuant to this section or if the person:
32-1 (a) Has been convicted of, or entered a plea of nolo contendere
32-2 to, a felony or any crime involving fraud, misrepresentation or
32-3 moral turpitude; or
32-4 (b) Has had a financial services license or registration suspended
32-5 or revoked within the immediately preceding 10 years.
32-6 7. If a mortgage agent terminates his association or
32-7 employment with a mortgage broker for any reason, the mortgage
32-8 broker shall, not later than the third business day following the date
32-9 of termination:
32-10 (a) Deliver to the mortgage agent or send by certified mail to the
32-11 last known residence address of the mortgage agent a written
32-12 statement which advises him that his termination is being reported
32-13 to the Division; and
32-14 (b) Deliver or send by certified mail to the Division:
32-15 (1) A written statement of the circumstances surrounding the
32-16 termination; and
32-17 (2) A copy of the written statement that the mortgage broker
32-18 delivers or mails to the mortgage agent pursuant to paragraph (a).
32-19 8. As used in this section, “certified course of continuing
32-20 education” has the meaning ascribed to it in NRS 645B.051.
32-21 Sec. 46. NRS 645C.300 is hereby amended to read as follows:
32-22 645C.300 1. Every application for a certificate, license or
32-23 registration card must include the social security number of the
32-24 applicant and be accompanied by the fee for the certificate, license
32-25 or registration card.
32-26 2. Each applicant must:
32-27 (a) At his own expense and on a card provided by the Division,
32-28 arrange to be fingerprinted by an agency of law enforcement; and
32-29 (b) Attach the completed card to his application.
32-30 3. The Division may:
32-31 (a) [Mail] Forward the completed card to :
32-32 (1) The Central Repository for Nevada Records of Criminal
32-33 History for submission to the Federal Bureau of Investigation [or
32-34 any] for its report; and
32-35 (2) Any other agency of law enforcement; and
32-36 (b) Request from such an agency any information regarding the
32-37 applicant’s criminal history as the Division deems necessary.
32-38 Sec. 47. NRS 645D.180 is hereby amended to read as follows:
32-39 645D.180 1. Every application for a certificate must be
32-40 accompanied by the fee for the certificate.
32-41 2. Each applicant must:
32-42 (a) At his own expense and on a card provided by the Division,
32-43 arrange to be fingerprinted by an agency of law enforcement; and
32-44 (b) Attach the completed card to his application.
32-45 3. The Division may:
33-1 (a) Require more than one set of fingerprints;
33-2 (b) [Mail a] Forward the completed card to :
33-3 (1) The Central Repository for Nevada Records of Criminal
33-4 History for submission to the Federal Bureau of Investigation [or
33-5 any] for its report; and
33-6 (2) Any other agency of law enforcement; and
33-7 (c) Request from such an agency any information regarding the
33-8 applicant’s criminal history that the Division deems necessary.
33-9 Sec. 48. NRS 648.080 is hereby amended to read as follows:
33-10 648.080 Every application for a license must contain:
33-11 1. A detailed statement of the applicant’s personal history on
33-12 the form specified by the Board. If the applicant is a corporation, the
33-13 application must include such a statement concerning each officer
33-14 and director.
33-15 2. A statement of the applicant’s financial condition on the
33-16 form specified by the Board. If the applicant is a corporation, the
33-17 application must include such a statement concerning each officer
33-18 and director.
33-19 3. A specific description of the location of the principal place
33-20 of business of the applicant, the business in which he intends to
33-21 engage and the category of license he desires.
33-22 4. A [full] complete set of fingerprints [and a] which the Board
33-23 may forward to the Central Repository for Nevada Records of
33-24 Criminal History for submission to the Federal Bureau of
33-25 Investigation for its report.
33-26 5. A recent photograph of the applicant or, if the applicant is a
33-27 corporation, of each officer and director.
33-28 [5.] 6. Evidence supporting the qualifications of the applicant
33-29 in meeting the requirements for the license for which he is applying.
33-30 [6.] 7. If the applicant is not a natural person, the full name
33-31 and residence address of each of its partners, officers, directors and
33-32 manager, and a certificate of filing of a fictitious name.
33-33 [7.] 8. Such other facts as may be required by the Board to
33-34 show the good character, competency and integrity of each
33-35 signatory.
33-36 Sec. 49. NRS 648.203 is hereby amended to read as follows:
33-37 648.203 1. Except as otherwise provided in subsection 2, it is
33-38 unlawful for a person to:
33-39 (a) Allow an employee, including an independent contractor, to
33-40 perform any work regulated pursuant to the provisions of this
33-41 chapter unless the employee holds a work card authorizing his work
33-42 which is issued by the sheriff of the county in which the work is
33-43 performed. The provisions of this paragraph do not apply to a
33-44 person licensed pursuant to this chapter.
34-1 (b) Work as a security guard unless he holds a work card
34-2 authorizing his work as a security guard issued in accordance with
34-3 applicable ordinances by the sheriff of the county in which the work
34-4 is performed.
34-5 2. The provisions of subsection 1 do not apply in any county
34-6 whose population is less than 100,000, but this subsection does not
34-7 prohibit a board of county commissioners from adopting similar
34-8 restrictions by ordinance.
34-9 3. The sheriff of any county in which such restrictions apply
34-10 shall [submit the fingerprints of] require any person applying for
34-11 such a work card to submit a complete set of his fingerprints to the
34-12 sheriff who may forward the fingerprints to the Central Repository
34-13 for Nevada Records of Criminal History [and] for submission to the
34-14 Federal Bureau of Investigation to determine the applicant’s
34-15 criminal history.
34-16 Sec. 50. NRS 649.196 is hereby amended to read as follows:
34-17 649.196 1. Each applicant for a manager’s certificate must
34-18 submit proof satisfactory to the Commissioner that he:
34-19 (a) Is a citizen of the United States or lawfully entitled to remain
34-20 and work in the United States.
34-21 (b) Is at least 21 years of age.
34-22 (c) Has a good reputation for honesty, trustworthiness, integrity
34-23 and is competent to transact the business of a collection agency in a
34-24 manner which protects the interests of the general public.
34-25 (d) Has not committed any of the acts specified in NRS 649.215.
34-26 (e) Has not had a collection agency license or manager’s
34-27 certificate suspended or revoked within the 10 years immediately
34-28 preceding the date of filing the application.
34-29 (f) Has not been convicted of, or entered a plea of nolo
34-30 contendere to, a felony or any crime involving fraud,
34-31 misrepresentation or moral turpitude.
34-32 (g) Has had not less than 2 years’ full-time experience with a
34-33 collection agency in the collection of accounts assigned by creditors
34-34 who were not affiliated with the collection agency except as
34-35 assignors of accounts. At least 1 year of the 2 years of experience
34-36 must have been within the 18-month period preceding the date of
34-37 filing the application.
34-38 2. Each applicant must:
34-39 (a) Pass the examination provided for in NRS 649.205.
34-40 (b) Pay the required fees.
34-41 (c) Submit [three] , in such form as the Commissioner
34-42 prescribes:
34-43 (1) Three recent photographs ; and [three]
34-44 (2) Three complete sets of his fingerprints [in such form as]
34-45 which the Commissioner [prescribes] may forward to the Central
35-1 Repository for Nevada Records of Criminal History for submission
35-2 to the Federal Bureau of Investigation for its report.
35-3 (d) Submit such other information reasonably related to his
35-4 qualifications for the manager’s certificate as the Commissioner
35-5 determines to be necessary.
35-6 3. The Commissioner may refuse to issue a manager’s
35-7 certificate if the applicant does not meet the requirements of
35-8 subsections 1 and 2.
35-9 4. If the Commissioner refuses to issue a manager’s certificate
35-10 pursuant to this section, he shall notify the applicant in writing by
35-11 certified mail stating the reasons for the refusal. The applicant may
35-12 submit a written request for a hearing within 20 days after he
35-13 receives the notice. If the applicant fails to submit a written request
35-14 within the prescribed period, the Commissioner shall enter a final
35-15 order.
35-16 Sec. 51. NRS 654.150 is hereby amended to read as follows:
35-17 654.150 Each applicant for licensure as a nursing facility
35-18 administrator pursuant to this chapter must:
35-19 1. Be of good moral character and physically and emotionally
35-20 capable of administering a facility for skilled nursing or facility for
35-21 intermediate care.
35-22 2. Have satisfactorily completed a course of instruction and
35-23 training prescribed or approved by the Board, including the study of:
35-24 (a) The needs which are to be properly served by a facility for
35-25 skilled nursing or facility for intermediate care;
35-26 (b) The laws governing the operation of a facility and the
35-27 protection of the patients’ interests; and
35-28 (c) The elements of good administration of a facility.
35-29 In lieu of the specific requirements of this subsection, the applicant
35-30 may present other evidence satisfactory to the Board of sufficient
35-31 education, training or experience by which he would be qualified to
35-32 administer, supervise and manage a facility.
35-33 3. Pass an examination conducted and prescribed by the Board
35-34 pursuant to the provisions of this chapter.
35-35 4. Submit with his application:
35-36 (a) A complete set of his fingerprints and written permission
35-37 authorizing the Board to forward the fingerprints to the Central
35-38 Repository for Nevada Records of Criminal History for submission
35-39 to the Federal Bureau of Investigation for its report; and
35-40 (b) A fee to cover the actual cost of obtaining the report from the
35-41 Federal Bureau of Investigation.
35-42 5. Submit the statement required pursuant to NRS 654.145.
35-43 6. Meet such other standards and qualifications as the Board
35-44 may from time to time establish.
36-1 Sec. 52. NRS 654.155 is hereby amended to read as follows:
36-2 654.155 Each applicant for licensure as an administrator of a
36-3 residential facility for groups pursuant to this chapter must:
36-4 1. Be at least 21 years of age;
36-5 2. Be a citizen of the United States or lawfully entitled to
36-6 remain and work in the United States;
36-7 3. Be of good moral character and physically and emotionally
36-8 capable of administering a residential facility for groups;
36-9 4. Have satisfactorily completed a course of instruction and
36-10 training prescribed or approved by the Board or be qualified by
36-11 reason of his education, training or experience to administer,
36-12 supervise and manage a residential facility for groups;
36-13 5. Pass an examination conducted and prescribed by the Board;
36-14 6. Submit with his application:
36-15 (a) A complete set of his fingerprints and written permission
36-16 authorizing the Board to forward the fingerprints to the Central
36-17 Repository for Nevada Records of Criminal History for submission
36-18 to the Federal Bureau of Investigation for its report; [and]
36-19 (b) A fee to cover the actual cost of obtaining the report from the
36-20 Federal Bureau of Investigation; and
36-21 (c) The statement required pursuant to NRS 654.145; and
36-22 7. Comply with such other standards and qualifications as the
36-23 Board prescribes.
36-24 Sec. 53. NRS 683A.150 is hereby amended to read as follows:
36-25 683A.150 Written application for a managing general agent’s
36-26 license must be filed with the Commissioner by the applicant . [,
36-27 accompanied by the applicable fee.]
36-28 Sec. 54. NRS 683A.160 is hereby amended to read as follows:
36-29 683A.160 [Application for a license as a managing general
36-30 agent shall be made in writing by the applicant desiring a license as
36-31 a managing general agent, and filed with the Commissioner. The
36-32 application shall be accompanied by the applicant’s fingerprints, by]
36-33 Each applicant for a license as a managing general agent must
36-34 submit with his application:
36-35 1. A complete set of his fingerprints which the Commissioner
36-36 may forward to the Central Repository for Nevada Records of
36-37 Criminal History for submission to the Federal Bureau of
36-38 Investigation for its report;
36-39 2. The appointment of the applicant as a managing general
36-40 agent by each insurer or underwriter department to be so represented
36-41 [, and by the] ; and
36-42 3. The application and license fee specified in NRS 680B.010
36-43 . [(fee schedule).]
37-1 Sec. 55. NRS 689.175 is hereby amended to read as follows:
37-2 689.175 1. The proposed seller, or the appropriate corporate
37-3 officer of the proposed seller, shall apply in writing to the
37-4 Commissioner for a seller’s certificate of authority, showing:
37-5 (a) The proposed seller’s name and address, and his occupations
37-6 during the preceding 5 years;
37-7 (b) The name and address of the proposed trustee;
37-8 (c) The names and addresses of the proposed performers,
37-9 specifying what particular services, supplies and equipment each
37-10 performer is to furnish under the proposed prepaid contract; and
37-11 (d) Such other pertinent information as the Commissioner may
37-12 reasonably require.
37-13 2. The application must be accompanied by:
37-14 (a) A copy of the proposed trust agreement and a written
37-15 statement signed by an authorized officer of the proposed trustee to
37-16 the effect that the proposed trustee understands the nature of the
37-17 proposed trust fund and accepts it;
37-18 (b) A copy of each contract or understanding, existing or
37-19 proposed, between the seller and performers relating to the proposed
37-20 prepaid contract or items to be supplied under it;
37-21 (c) A certified copy of the articles of incorporation and the
37-22 bylaws of any corporate applicant;
37-23 (d) A copy of any other document relating to the proposed
37-24 seller, trustee, trust, performer or prepaid contract, as required by
37-25 the Commissioner;
37-26 (e) A complete set of his fingerprints and written permission
37-27 authorizing the Commissioner to forward those fingerprints to the
37-28 Central Repository for Nevada Records of Criminal History for
37-29 submission to the Federal Bureau of Investigation for its report;
37-30 (f) A fee representing the amount charged by the Federal Bureau
37-31 of Investigation for processing the fingerprints of the applicant; and
37-32 (g) The applicable fee established in NRS 680B.010, which is
37-33 not refundable.
37-34 Sec. 56. NRS 689.235 is hereby amended to read as follows:
37-35 689.235 1. To qualify for an agent’s license, the applicant:
37-36 (a) Must file a written application with the Commissioner on
37-37 forms prescribed by the Commissioner;
37-38 (b) Must have a good business and personal reputation; and
37-39 (c) Must not have been convicted of, or entered a plea of guilty
37-40 or nolo contendere to, forgery, embezzlement, obtaining money
37-41 under false pretenses, larceny, extortion, conspiracy to defraud or
37-42 any crime involving moral turpitude.
37-43 2. The application must:
38-1 (a) Contain information concerning the applicant’s identity,
38-2 address, social security number and personal background and
38-3 business, professional or work history.
38-4 (b) Contain such other pertinent information as the
38-5 Commissioner may require.
38-6 (c) Be accompanied by a complete set of the fingerprints of the
38-7 applicant and written permission authorizing the Commissioner to
38-8 forward those fingerprints to the Central Repository for Nevada
38-9 Records of Criminal History for submission to the Federal Bureau
38-10 of Investigation for its report.
38-11 (d) Be accompanied by a fee representing the amount charged
38-12 by the Federal Bureau of Investigation for processing the
38-13 fingerprints of the applicant.
38-14 (e) Be accompanied by the statement required pursuant to
38-15 NRS 689.258.
38-16 (f) Be accompanied by the applicable fee established in NRS
38-17 680B.010, which is not refundable.
38-18 3. A conviction of, or plea of guilty or nolo contendere by, an
38-19 applicant or licensee for any crime listed in paragraph (c) of
38-20 subsection 1 is a sufficient ground for the Commissioner to deny a
38-21 license to the applicant, or to suspend or revoke the agent’s license
38-22 pursuant to NRS 689.265.
38-23 Sec. 57. NRS 689.490 is hereby amended to read as follows:
38-24 689.490 1. The proposed seller, or the appropriate corporate
38-25 officer of the seller, shall apply in writing to the Commissioner for a
38-26 seller’s permit, showing:
38-27 (a) The proposed seller’s name and address and his occupations
38-28 during the preceding 5 years;
38-29 (b) The name and address of the proposed trustee;
38-30 (c) The names and addresses of the proposed performers,
38-31 specifying what particular services, supplies and equipment each
38-32 performer is to furnish under the proposed prepaid contract; and
38-33 (d) Such other pertinent information as the Commissioner may
38-34 reasonably require.
38-35 2. The application must be accompanied by:
38-36 (a) A copy of the proposed trust agreement and a written
38-37 statement signed by an authorized officer of the proposed trustee to
38-38 the effect that the proposed trustee understands the nature of the
38-39 proposed trust fund and accepts it;
38-40 (b) A copy of each contract or understanding, existing or
38-41 proposed, between the seller and performers relating to the proposed
38-42 prepaid contract or items to be supplied under it;
38-43 (c) A certified copy of the articles of incorporation and the
38-44 bylaws of any corporate applicant;
39-1 (d) A copy of any other document relating to the proposed
39-2 seller, trustee, trust, performer or prepaid contract, as required by
39-3 the Commissioner;
39-4 (e) A complete set of his fingerprints and written permission
39-5 authorizing the Commissioner to forward those fingerprints to the
39-6 Central Repository for Nevada Records of Criminal History for
39-7 submission to the Federal Bureau of Investigation for its report;
39-8 (f) A fee representing the amount charged by the Federal Bureau
39-9 of Investigation for processing the fingerprints of the applicant; and
39-10 (g) The applicable fee established in NRS 680B.010, which is
39-11 not refundable.
39-12 Sec. 58. NRS 689.520 is hereby amended to read as follows:
39-13 689.520 1. To qualify for an agent’s license, the applicant:
39-14 (a) Must file a written application with the Commissioner on
39-15 forms prescribed by the Commissioner; and
39-16 (b) Must not have been convicted of, or entered a plea of guilty
39-17 or nolo contendere to, forgery, embezzlement, obtaining money
39-18 under false pretenses, larceny, extortion, conspiracy to defraud or
39-19 any crime involving moral turpitude.
39-20 2. The application must:
39-21 (a) Contain information concerning the applicant’s identity,
39-22 address, social security number, personal background and business,
39-23 professional or work history.
39-24 (b) Contain such other pertinent information as the
39-25 Commissioner may require.
39-26 (c) Be accompanied by a complete set of fingerprints and
39-27 written permission authorizing the Commissioner to forward those
39-28 fingerprints to the Central Repository for Nevada Records of
39-29 Criminal History for submission to the Federal Bureau of
39-30 Investigation for its report.
39-31 (d) Be accompanied by a fee representing the amount charged
39-32 by the Federal Bureau of Investigation for processing the
39-33 fingerprints of the applicant.
39-34 (e) Be accompanied by the statement required pursuant to
39-35 NRS 689.258.
39-36 (f) Be accompanied by the applicable fee established in NRS
39-37 680B.010, which is not refundable.
39-38 3. A conviction of, or plea of guilty or nolo contendere by, an
39-39 applicant or licensee for any crime listed in paragraph (b) of
39-40 subsection 1 is a sufficient ground for the Commissioner to deny a
39-41 license to the applicant, or to suspend or revoke the agent’s license
39-42 pursuant to NRS 689.535.
40-1 Sec. 59. NRS 692B.070 is hereby amended to read as follows:
40-2 692B.070 1. A written application for any permit required
40-3 under NRS 692B.040 must be filed with the Commissioner. The
40-4 application must include or be accompanied by:
40-5 (a) The name, type and purposes of the insurer, corporation,
40-6 syndicate, association, firm or organization formed or proposed to
40-7 be formed or financed;
40-8 (b) [The name, residence address, business background and
40-9 experience for the preceding 10 years and qualifications of]On
40-10 forms furnished by the Commissioner, for each person associated
40-11 or to be associated as incorporator, director, promoter, manager or in
40-12 other similar capacity in the enterprise, or in the formation of the
40-13 proposed insurer, corporation, syndicate, association, firm or
40-14 organization, or in the proposed financing[, together with the
40-15 fingerprints of each individual so associated or to be associated, on
40-16 forms furnished by the Commissioner ;] :
40-17 (1) His name, residential address and qualifications;
40-18 (2) His business background and experience for the
40-19 preceding 10 years; and
40-20 (3) A complete set of his fingerprints which the
40-21 Commissioner may forward to the Central Repository for Nevada
40-22 Records of Criminal History for submission to the Federal Bureau
40-23 of Investigation for its report;
40-24 (c) A full disclosure of the terms of all pertinent understandings
40-25 and agreements existing or proposed among any persons or entities
40-26 so associated or to be associated, and a copy of each such
40-27 agreement;
40-28 (d) Executed quadruplicate originals of the articles of
40-29 incorporation of a proposed domestic stock or mutual insurer;
40-30 (e) The original and one copy of the proposed bylaws of a
40-31 proposed domestic stock or mutual insurer;
40-32 (f) The plan according to which solicitations are to be made and
40-33 a reasonably detailed estimate of all organization and sales expenses
40-34 to be incurred in the proposed organization and offering;
40-35 (g) A copy of any security, receipt or certificate proposed to be
40-36 offered, and a copy of any proposed subscription agreement or
40-37 application therefor;
40-38 (h) A copy of any prospectus, offering circular, advertising or
40-39 sales literature or material proposed to be used;
40-40 (i) A copy of the proposed form of any escrow agreement
40-41 required;
40-42 (j) A copy of:
40-43 (1) The articles of incorporation of any corporation, other
40-44 than a proposed domestic insurer, proposing to offer its securities,
40-45 certified by the public officer having custody of the original thereof;
41-1 (2) Any syndicate, association, firm, organization or other
41-2 similar agreement, by whatever name called, if funds for any of the
41-3 purposes referred to in subsection 1 of NRS 692B.040 are to be
41-4 secured through the sale of any security, interest or right in or
41-5 relative to such syndicate, association, firm or organization; and
41-6 (3) If the insurer is, or is to be, a reciprocal insurer, the
41-7 power of attorney and of other agreements existing or proposed
41-8 affecting subscribers, investors, the attorney in fact or the insurer;
41-9 (k) If the applicant is a natural person, the statement required
41-10 pursuant to NRS 692B.193; and
41-11 (l) Such additional pertinent information as the Commissioner
41-12 may reasonably require.
41-13 2. The application must be accompanied by a deposit of the
41-14 fees required under NRS 680B.010 for the filing of the application
41-15 and for issuance of the permit, if granted.
41-16 3. If the applicant is a natural person, the application must
41-17 include the social security number of the applicant.
41-18 4. In lieu of a special filing thereof of information required by
41-19 subsection 1, the Commissioner may accept a copy of any pertinent
41-20 filing made with the Securities and Exchange Commission relative
41-21 to the same offering.
41-22 Sec. 60. NRS 692B.190 is hereby amended to read as follows:
41-23 692B.190 1. No person may in this state solicit subscription
41-24 to or purchase of any security covered by a solicitation permit issued
41-25 under this chapter, unless then licensed therefor by the
41-26 Commissioner.
41-27 2. Such a license may be issued only to natural persons, and the
41-28 Commissioner shall not license any person found by him to be:
41-29 (a) Dishonest or untrustworthy;
41-30 (b) Financially irresponsible;
41-31 (c) Of unfavorable personal or business history or reputation; or
41-32 (d) For any other cause, reasonably unsuited for fulfillment of
41-33 the responsibilities of such a licensee.
41-34 3. The applicant for such a license must file his written
41-35 application therefor with the Commissioner, on forms and
41-36 containing inquiries as designated and required by the
41-37 Commissioner. The application must include [the]or be
41-38 accompanied by:
41-39 (a) The social security number of the applicant [and be
41-40 endorsed];
41-41 (b) An endorsement by the holder of the permit under which the
41-42 securities are proposed to be sold[. The application must be
41-43 accompanied by];
41-44 (c) A complete set of the fingerprints of the applicant on forms
41-45 furnished by the Commissioner [, and by the] ; and
42-1 (d) The application fee specified in NRS 680B.010.
42-2 4. The Commissioner [shall]:
42-3 (a) May forward the complete set of fingerprints to the Central
42-4 Repository for Nevada Records of Criminal History for submission
42-5 to the Federal Bureau of Investigation for its report; and
42-6 (b) Shall promptly cause an investigation to be made of the
42-7 identity and qualifications of the applicant.
42-8 [4.]5. The license, if issued, must be for the period of the
42-9 permit, and must automatically be extended if the permit is
42-10 extended.
42-11 [5.]6. The Commissioner shall revoke the license if at any
42-12 time after issuance he has found that the license was obtained
42-13 through misrepresentation or concealment of facts, or that the
42-14 licensee is no longer qualified therefor, or that the licensee has
42-15 misrepresented the securities offered, or has otherwise conducted
42-16 himself in or with respect to transactions under the license in a
42-17 manner injurious to the permit holder or to subscribers or prospects
42-18 or the public.
42-19 [6.]7. This section does not apply to securities broker-dealers
42-20 registered as such under the Securities Exchange Act of 1934, or
42-21 with respect to securities the sale of which is underwritten, other
42-22 than on a best efforts basis, by such a broker-dealer.
42-23 [7.] 8. With respect to solicitation of subscriptions to or
42-24 purchase of securities covered by a solicitation permit issued by the
42-25 Commissioner, the license required by this section is in lieu of a
42-26 license or permit otherwise required of the solicitor under any other
42-27 law of this state.
42-28 Sec. 61. NRS 697.180 is hereby amended to read as follows:
42-29 697.180 1. A written application for a license as a bail agent,
42-30 general agent, bail enforcement agent or bail solicitor must be filed
42-31 with the Commissioner by the applicant, accompanied by the
42-32 applicable fees. The application form must [include] :
42-33 (a) Include the social security number of the applicant [and be]
42-34 ;
42-35 (b) Be accompanied by a complete set of the applicant’s
42-36 fingerprints [, and must require] which the Commissioner may
42-37 forward to the Central Repository for Nevada Records of Criminal
42-38 History for submission to the Federal Bureau of Investigation for
42-39 its report; and
42-40 (c) Require full answers to questions reasonably necessary to
42-41 determine the applicant’s:
42-42 [(a)](1) Identity and residence.
42-43 [(b)](2) Business record or occupations for not less than the 2
42-44 years immediately preceding the date of the application, with the
42-45 name and address of each employer, if any.
43-1 [(c)](3) Prior criminal history, if any.
43-2 2. The Commissioner may require the submission of such other
43-3 information as may be required to determine the applicant’s
43-4 qualifications for the license for which he applied.
43-5 3. The applicant must verify his application. An applicant for a
43-6 license under this chapter shall not knowingly misrepresent or
43-7 withhold any fact or information called for in the application form
43-8 or in connection therewith.
43-9 Sec. 62. NRS 706.8841 is hereby amended to read as follows:
43-10 706.8841 1. The Administrator shall issue a driver’s permit
43-11 to qualified persons who wish to be employed by certificate holders
43-12 as taxicab drivers. Before issuing a driver’s permit, the
43-13 Administrator shall:
43-14 (a) Require the applicant to submit a complete set of his
43-15 fingerprints [, which must be forwarded] which the Administrator
43-16 may forward to the Central Repository for Nevada Records of
43-17 Criminal History for submission to the Federal Bureau of
43-18 Investigation to ascertain whether the applicant has a criminal
43-19 record and the nature of any such record, and shall further
43-20 investigate the applicant’s background; and
43-21 (b) Require proof that the applicant:
43-22 (1) Has been a resident of the State for 30 days before his
43-23 application for a permit;
43-24 (2) Can read and orally communicate in the English
43-25 language; and
43-26 (3) Has a valid license issued under NRS 483.325 which
43-27 authorizes him to drive a taxicab in this state.
43-28 2. The Administrator may refuse to issue a driver’s permit if
43-29 the applicant has been convicted of:
43-30 (a) A felony, other than a felony involving any sexual offense,
43-31 in this state or any other jurisdiction within 5 years before the date
43-32 of the application;
43-33 (b) A felony involving any sexual offense in this state or any
43-34 other jurisdiction at any time before the date of the application; or
43-35 (c) A violation of NRS 484.379 or 484.3795 or a law of any
43-36 other jurisdiction that prohibits the same or similar conduct within 3
43-37 years before the date of the application.
43-38 3. The Administrator may refuse to issue a driver’s permit if
43-39 the Administrator, after the background investigation of the
43-40 applicant, determines that the applicant is morally unfit or if the
43-41 issuance of the driver’s permit would be detrimental to public
43-42 health, welfare or safety.
43-43 4. A taxicab driver shall pay to the Administrator, in advance,
43-44 $20 for an original driver’s permit and $5 for a renewal.
43-45 Sec. 63. NRS 179A.065 and 179B.120 are hereby repealed.
44-1 Sec. 64. This act becomes effective upon passage and
44-2 approval.
44-3 TEXT OF REPEALED SECTIONS
44-4 179A.065 “Information relating to sexual offenses” defined.
44-5 “Information relating to sexual offenses” means information
44-6 contained in or concerning a record of criminal history, or the
44-7 records of criminal history of the United States or another state,
44-8 relating in any way to a sexual offense.
44-9 179B.120 “Sexual offense” defined. “Sexual offense” has
44-10 the meaning ascribed to it in NRS 179D.410.
44-11 H