Assembly Bill No. 106-Committee on Commerce

(On Behalf of the Office of the Attorney General)

January 29, 1997
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Referred to Committee on Commerce

SUMMARY--Clarifies provisions governing qualifications of employees of private investigators and other licensees of private investigator's licensing board. (BDR 54-627)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to employment; clarifying the provisions governing the qualifications of employees of private investigators and other persons licensed by the private investigator's licensing board; providing a civil penalty for the employment of certain nonlicensed persons by private investigators or such other licensees; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 648.060 is hereby amended to read as follows:
648.060 1. No person may:
(a) Engage in the business of private investigator, private patrolman, process server, repossessor, dog handler, security consultant , or polygraphic examiner or intern; or
(b) Advertise his business as such, irrespective of the name or title actually used,
unless he is licensed pursuant to this chapter.
2. No person may be employed by a licensee unless [he] the person holds a work card issued by the sheriff of the county in which the work is to be performed. The provisions of this subsection do not apply to a person licensed pursuant to this chapter.
3. A person licensed pursuant to this chapter may employ only another licensee, or a nonlicensed person who:
(a) Is at least 18 years of age.
(b) Is a citizen of the United States or lawfully entitled to remain and work in the United States.
(c) Is of good moral character and temperate habits.
(d) Has not been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
Sec. 2 NRS 648.181 is hereby amended to read as follows:
648.181 1. The board may apply to any court of competent jurisdiction to enjoin any person who has engaged or is about to engage in any act which violates any provision of this chapter or any regulation adopted by the board.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not preclude criminal prosecution and punishment of a violator.
3. In addition to issuing the injunction, the court may impose a civil penalty not to exceed $10,000 if the person [has] :
(a) Has violated a provision of subsection 1 or 2 of NRS 648.060; or
(b) Employs a person in violation of paragraph (c) or (d) of subsection 3 of NRS 648.060.
Sec. 3 NRS 648.1405 is hereby repealed.
Sec. 4 This act becomes effective on July 1, 1997.

TEXT OF REPEALED SECTION

648.1405 Employees of licensee. A person licensed pursuant to this chapter may employ only another licensee or a nonlicensed person who:
1. Is at least 18 years of age.
2. Is a citizen of the United States or lawfully entitled to remain and work in the United States.
3. Is of good moral character and temperate habits.
4. Has not been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.

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