SUMMARY--Regulates employment of proprietary security officers. (BDR 54-360)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to proprietary security officers; regulating the employment of certain proprietary security officers; 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 Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 "Proprietary security officer" means a person who:
1. Is employed by, and performs security work on the premises of or in connection with, an employer who does not provide, or advertise as providing, services regulated by this chapter;
2. Is employed in either an armed or unarmed capacity; and
3. In connection with his employment, wears a uniform or displays a badge.
Sec. 3 1. A person shall not be employed as a proprietary security officer unless he:
(a) Obtains a work card from the sheriff of the county in which the person is to be employed. To qualify for such a work card, a person must:
(1) Be at least 18 years of age.
(2) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
(3) Be of good moral character and temperate habits.
(4) Have never been convicted of any crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
(5) Provide a set of fingerprints to, and pay a fee prescribed by, the sheriff.
(b) Applies to the board for a registration card as a proprietary security officer and pays a fee prescribed by the board in an amount not to exceed $100.
The fees charged pursuant to this subsection are not refundable.
2. Upon submission of a completed application for a registration card, an applicant may begin employment. If the board denies the application, the person's employment as a proprietary security officer must terminate immediately. If the application is approved, the registrant shall carry with him while on duty a card issued by the board that indicates his registration and is of a size to be carried in a wallet.
3. A proprietary security officer who changes employers shall provide written notice to the board of his new employer's name and address within 30 days after leaving his former employment.
4. A registration card as a proprietary security officer is valid for 3 years. At least 90 days before the expiration of a registration card, the board shall mail to the registrant written notice of the expiration date of the registration card on a renewal form prescribed by the board. To renew the registration card, the registrant must:
(a) File with the board the completed renewal form on or before the expiration date stated thereon; and
(b) Pay a fee prescribed by the board in an amount not to exceed $100.
5. To carry a firearm while on duty, a proprietary security officer must:
(a) Obtain from his employer an authorization to carry a firearm while on duty;
(b) File his employer's authorization with the board; and
(c) Obtain a certified firearms card from a certified firearms instructor at a course approved by the board.
Sec. 4 NRS 648.005 is hereby amended to read as follows:
648.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 648.006 to 648.016, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5 NRS 648.013 is hereby amended to read as follows:
648.013 "Private patrolman" means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen, uniformed officers to control traffic, bodyguards or other persons for the purpose of protecting persons or property, including armored transport, to prevent the theft, loss or concealment of property of any kind or to investigate the theft, loss or concealment of property he has been hired to protect. The term does not include a proprietary security officer.
Sec. 6 NRS 648.016 is hereby amended to read as follows:
648.016 "Security guard" means a person employed as a watchman, guard, security consultant, patrolman or in any other similar position. The term does not include a proprietary security officer.
Sec. 7 NRS 648.018 is hereby amended to read as follows:
648.018 Except as to polygraphic examiners and interns, this chapter does not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his official duties.
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any private investigator, private patrolman, process server, dog handler or security consultant employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
5. To a repossessor employed exclusively by one employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.
6. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
7. To a charitable philanthropic society or association incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
8. To an attorney at law in performing his duties as such.
9. To a collection agency unless engaged in business as a repossessor, licensed by the commissioner of financial institutions, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
10. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
11. To any bank organized pursuant to the laws of this state or to any national bank engaged in banking in this state.
12. To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.
13. To any proprietary security officer:
(a) Whose employer provides security for the University and Community College System of Nevada or a tourism facility operated by a convention and visitors authority;
(b) Whose employer operates a licensed gaming establishment; or
(c) Who is employed in the mining industry.
Sec. 8 NRS 648.210 is hereby amended to read as follows:
648.210 A person who violates any of the provisions of NRS 648.060 to 648.205, inclusive [:] , and section 3 of this act:
1. For the first violation is guilty of a misdemeanor.
2. For the second and subsequent violations, is guilty of a gross misdemeanor.
Sec. 9 The amendatory provisions of this act do not apply to any offenses that are committed before the effective date of this act.
Sec. 10 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.