Assembly Bill No. 142-Assemblymen Nolan, Herrera, Buckley, Segerblom, Manendo, Sandoval, Koivisto and Collins
February 5, 1997
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Referred to Committee on Judiciary
SUMMARY--Expands provisions regarding requests by certain employers for information regarding history of prior sexual offenses of employees and provides civil immunity for such employers. (BDR 14-86)
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 sexual offenses; providing certain employers with civil immunity for a sexual offense against a child committed by a volunteer of the employer; expanding the definition of "employee" to include volunteers and prospective volunteers for the purposes of provisions relating to inquiries by certain employers regarding the prior sexual offenses of employees; 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 Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 1. An employer that is a governmental agency or nonprofit organization shall:
(a) Request from the central repository pursuant to NRS 179A.200 notice of information relating to sexual offenses for each volunteer who offers to provide services for the employer; or
(b) Adopt and enforce policies and procedures that:
(1) Prohibit a volunteer from being in a secluded environment with a child unless another adult is present; and
(2) Require each volunteer to read the policies and procedures and sign an affidavit stating that he has read and understands them before beginning volunteer service for the employer.
2. An employer may allow a volunteer to perform services at the employer's place of business during the period when the employer is waiting to receive from the central repository the results of the request for notice of information concerning the volunteer.
Sec. 3 The employer of a volunteer who commits a sexual offense against a child is immune from civil liability for damages arising from the sexual offense if the employer is a governmental agency or nonprofit organization and, before the offense was committed, the employer:
1. Adopted and enforced policies and procedures pursuant to section 2 of this act and obtained a signed affidavit from the volunteer stating that he read and understood the policies and procedures;
2. Requested from the central repository notice of information relating to sexual offenses concerning the volunteer and was waiting for the results of the request when the offense was committed;
3. Received from the central repository notice of information relating to sexual offenses concerning the volunteer and the notice indicated that the volunteer was not the subject of information relating to sexual offenses for which notice was subject to release; or
4. Received directly from the volunteer a valid written report from the central repository that:
(a) Was issued by the central repository not more than 6 months before the volunteer's offer to provide services for the employer; and
(b) Indicated that the volunteer was not the subject of information relating to sexual offenses for which notice was subject to release.
Sec. 4 NRS 179A.180 is hereby amended to read as follows:
179A.180 As used in NRS 179A.190 to 179A.240, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. "Employee" means a person who renders time and services to an employer [,] 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.
3. "Volunteer" means a person who renders time and services to an employer without compensation.
Sec. 5 NRS 179A.230 is hereby amended to read as follows:
179A.230 1. A person who is the subject of a request for notice of information relating to sexual offenses pursuant to NRS 179A.190 to 179A.240, inclusive, may recover his actual damages in a civil action against:
(a) The central repository for an intentional or grossly negligent:
(1) Dissemination of information relating to sexual offenses not authorized for dissemination; or
(2) Release of information relating to sexual offenses to a person not authorized to receive the information;
(b) The central repository for an intentional or grossly negligent failure to correct any notice of information relating to sexual offenses which was disseminated pursuant to NRS 179A.190 to 179A.240, inclusive; or
(c) An employer, representative of an employer or employee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may be awarded against an employer, representative of an employer or employee whose violation of NRS 179A.110 is malicious.
2. [An] Except as otherwise provided in section 3 of this act, an employer is liable to a child served by the employer for damages suffered by the child as a result of a sexual offense committed against the child by an employee hired on or after January 1, 1988, if, at the time the employer hired the employee, the employee was the subject of information relating to sexual offenses for which notice was available for dissemination to the employer and the employer:
(a) Failed, without good cause, to request notice of the information pursuant to NRS 179A.190 to 179A.240, inclusive; or
(b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal.
The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of the sexual offense.
3. An action pursuant to this section must be brought within 3 years after:
(a) The occurrence upon which the action is based; or
(b) The date upon which the party bringing the action became aware or reasonably should have become aware of the occurrence, whichever was earlier, if he was not aware of the occurrence at the time of the occurrence.
4. This section does not limit or affect any other rights, claims or causes of action arising by statute or common law.