Senate Bill No. 313-Committee on Human Resources and Facilities
(On Behalf of the Department of Administration,
Commission on Postsecondary Education)
April 17, 1997
____________
Referred to Committee on Human Resources and Facilities
SUMMARY--Makes various changes to provisions governing investigation of background of applicants for certain positions at postsecondary educational institutions. (BDR 34-402)
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 education; making various changes to the provisions governing the investigation of the background of applicants for certain positions at postsecondary educational institutions; 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 394.465 is hereby amended to read as follows:
394.465 1. Except as otherwise provided in subsection 4, before a postsecondary educational institution employs or contracts with a person [to occupy:
(a) An] :
(a) To occupy an instructional position [or to act as an agent for the institution, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicant's background, limited to a photograph, history of residences, employment, education and criminal history, and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation.
(b) An] ;
(b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position [, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicant's background, including but not limited to, the items set forth in paragraph (a) of this subsection.
2. The sheriff shall retain one copy of the application and results of the investigation and forward one copy to the administrator.] ; or
(c) To act as an agent for the institution,
the applicant must submit to the administrator completed fingerprint cards and a form authorizing an investigation of the applicant's background and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those which are provided to the applicant by the administrator. The applicant's fingerprints must be taken by an agency of law enforcement.
2. The administrator shall keep the results of the investigation confidential, except that if the investigation discloses that the applicant has been convicted of any felony, the administrator shall notify the applicant and the hiring institution of the conviction and the nature of the offense.
3. The applicant shall pay the cost of the investigation.
4. An applicant is not required to [arrange for an investigation of his background] satisfy the requirements of subsection 1 if he [is:
(a) Licensed] :
(a) Is licensed by the superintendent of public instruction;
(b) [An] Is an employee of the United States Department of Defense; [or
(c) A]
(c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution [.] ; or
(d) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.
Sec. 2 This act becomes effective upon passage and approval.