AB155_R4

Assembly Bill No. 155–Committee on Judiciary

CHAPTER..........

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. 1.5. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

An employer who fails to request information concerning the criminal history of a volunteer or prospective volunteer as authorized pursuant to subsection 4 of NRS 179A.100 is not liable to a child served by the employer for civil damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by such a volunteer or prospective volunteer.

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

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.

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.

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] In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer [, upon request, information relating to sexual offenses] the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information [.] if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information. Except as otherwise provided in this subsection, the provisions of NRS

179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to this subsection.

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.

(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 employers 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. 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

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. (Deleted by amendment.)

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) A conviction for a felony within the immediately preceding 7 years;

(c) An act committed outside this state that would constitute a sexual offense if committed in this state or a conviction for an act committed outside this state that would constitute a felony if committed in this state; and

(d) The aiding, abetting, attempting or conspiring to engage in any such act in this state or another state.

Sec. 11. NRS 179A.200 is hereby amended to read as follows:

179A.200 1. [An] In addition to any other information

which an employer is authorized to request pursuant to this

chapter, an employer may request from the Central Repository

notice of information relating to [sexual] the offenses listed in

subsection 4 of NRS 179A.190 concerning an employee.

2. A request for notice of information relating to [sexual] the

offenses listed in subsection 4 of NRS 179A.190 from an employer

must conform to the requirements of the Central Repository. The

request must include:

(a) The name and address of the employer, and the name and

signature of the person requesting the notice on behalf of the

employer;

(b) The name and address of the employer’s facility in which the

employee is employed or seeking to become employed;

identifying information of the employee;

(d) Signed consent by the employee [to a] authorizing:

(1) The employer to forward the fingerprints of the

employee to the Central Repository for submission to the Federal

Bureau of Investigation for its report;

(2) A search of information relating to [sexual] the offenses

listed in subsection 4 of NRS 179A.190 concerning [him, and for]

the employee; and

(3) The release of a notice concerning that information;

(e) The mailing address of the employee or a signed waiver of

the right of the employee to be sent a copy of the information

disseminated to the employer as a result of the search of the records

of criminal history; and

(f) The signature of the employee indicating that he has been

notified of:

(1) The types of information for which notice is subject to

dissemination pursuant to NRS 179A.210, or a description of the

information;

(2) The employer’s right to require a check of the records of

criminal history as a condition of employment; and

(3) The employee’s right, pursuant to NRS 179A.150, to

challenge the accuracy or sufficiency of any information

disseminated to the employer.

Sec. 12. NRS 179A.210 is hereby amended to read as follows:

179A.210 1. Upon receipt of a request from an employer for

notice of information relating to [sexual offenses,] the offenses

listed in subsection 4 of NRS 179A.190, the Central Repository

shall undertake a search for the information, unless the request does

not conform to the requirements of the Repository. The search must

be based on the [employee’s fingerprints,] fingerprints of the

employee, or on a number furnished to the employee for

identification pursuant to a previous search, as provided by the

employer, and must include:

(a) Identifying any information relating to [sexual] the offenses

listed in subsection 4 of NRS 179A.190 concerning the employee in

the Central Repository;

(b) Requesting information relating to [sexual] the offenses

listed in subsection 4 of NRS 179A.190 concerning the employee

from federal repositories and repositories of other states, if

authorized by federal law or an agreement entered into pursuant to

NRS 179A.075;

disposition has been reported, contacting appropriate officers in the

local jurisdiction where the arrest or prosecution occurred to verify

and update the information; and

(d) Determining whether the information relating to [sexual] the

offenses listed in subsection 4 of NRS 179A.190 is the type of

information for which notice is subject to dissemination pursuant to

this section.

2. Notice of information relating to [sexual] the offenses listed

in subsection 4 of NRS 179A.190 may be disseminated to an

employer who has requested it only if a check of the pertinent

records indicates:

(a) A conviction for [a sexual] any such offense, or a conviction

based on an arrest or on an initial charge for [a sexual] any such

offense;

(b) An arrest or an initial charge for a sexual offense that is

pending at the time of the request; or

a sexual offense that have not resulted in a conviction.

3. If a search of the records of the Central Repository reveals

no information for which notice is subject to release, the Central

Repository shall submit the fingerprints of the employee to the

Federal Bureau of Investigation for a search of its records of

criminal history. The Central Repository shall review all

information received from the Federal Bureau of Investigation.

Notice of any information received from the Federal Bureau of

Investigation may be disseminated only if the information is of a

kind for which notice is subject to release pursuant to this section.

4. Within 30 days after receipt of a request by an employer for

notice of information relating to [sexual offenses,] the offenses

listed in subsection 4 of NRS 179A.190, the Central Repository

shall send a written report of the results of the search to the

employer and to the employee, except that if the employee has

waived his right to receive the results of the search, the report must

be sent only to the employer. If the search revealed:

(a) No information for which notice is subject to release, the

report must include a statement to that effect; or

(b) Information about the employee for which notice is subject

to release, the report must include a notice of the type of

information, limited to the descriptions set forth in subsection 2,

revealed by the search. The notice must not include any further facts

or details concerning the information. A statement of the purpose for

which the notice is being disseminated, and the procedures by which

the employee might challenge the accuracy and sufficiency of the

information, must also be included with the report.

5. Upon receipt of corrected information relating to [sexual]

the offenses listed in subsection 4 of NRS 179A.190 for which

notice was disseminated under this section, the Central Repository

shall send written notice of the correction to:

(a) The employee who was the subject of the search, unless the

employee has waived his right to receive such a notice;

(b) All employers to whom notice of the results of the search

were disseminated within 3 months before the correction; and

previously received the information.

6. Upon receipt of new information relating to [sexual] the

offenses listed in subsection 4 of NRS 179A.190 concerning an

employee who was the subject of a search within the previous 3

months, for which notice is subject to dissemination under this

section, the Central Repository shall send written notice of the

information to:

(a) The employee who was the subject of the search, unless the

employee has waived his right to receive such a notice;

(b) All employers to whom a report of the results of the search

were disseminated within 3 months before the correction; and

previously received a report of the results of the search.

Sec. 13. 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.180 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] the

offenses listed in subsection 4 of NRS 179A.190 not authorized for

dissemination; or

(2) Release of information relating to [sexual] the offenses

listed in subsection 4 of NRS 179A.190 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] the offenses listed in subsection 4 of NRS 179A.190 which

was disseminated pursuant to NRS 179A.180 to 179A.240,

inclusive; or

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 employer is liable to a child served by the employer for

damages suffered by the child as a result of [a sexual] an offense

listed in subsection 4 of NRS 179A.190 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] the 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.180 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.] an offense

listed in subsection 4 of NRS 179A.190.

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.

Sec. 14. NRS 179A.240 is hereby amended to read as follows:

179A.240 A person who knowingly and willfully:

1. Uses NRS 179A.180 to 179A.240, inclusive, to obtain or

seek to obtain information relating to [sexual] the offenses listed in

subsection 4 of NRS 179A.190 under false pretenses;

2. Disseminates or attempts to disseminate information relating

to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that

he knows was not received in accordance with the provisions of this

chapter; or

3. Disseminates or attempts to disseminate information relating

to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that

he knows is false, inaccurate or incomplete,

is guilty of a misdemeanor.

Sec. 15. NRS 179A.310 is hereby amended to read as follows:

179A.310 1. The revolving Account to Investigate the

Background of Volunteers Who Work With Children is hereby

created in the State General Fund.

2. The Director of the Department shall administer the Account

to Investigate the Background of Volunteers Who Work With

Children. The money in the Account must be expended only to pay

the costs of the Central Repository to process requests from

nonprofit agencies to determine whether a volunteer of a nonprofit

agency who works directly with children or a prospective volunteer

of the nonprofit agency who will work directly with children has

committed [a sexual offense.] an offense listed in subsection 4 of

NRS 179A.190. The existence of the Account to Investigate the

Background of Volunteers Who Work With Children does not

create a right in any person to receive money from the Account.

3. The Director of the Department may apply for and accept

any gift, donation, bequest, grant or other source of money. Any

money so received must be deposited in the Account to Investigate

the Background of Volunteers Who Work With Children.

4. The interest and income earned on money in the Account

from any gift, donation[,] or bequest, after deducting any applicable

charges, must be credited to the Account. Money from any gift,

donation[,] or bequest that remains in the Account at the end of the

fiscal year does not revert to the State General Fund, and the balance

in the Account must be carried forward to the next fiscal year.

5. The Director of the Department shall adopt regulations to

carry out the provisions of this section. The regulations must

include, without limitation:

(a) The procedure by which a person may apply for a grant of

money from the Account to Investigate the Background of

Volunteers Who Work With Children;

(b) The criteria that the Department will consider in determining

whether to award such a grant of money from the Account; and

and equitable manner.

6. The following facts must not be considered as evidence of

negligence or causation in any civil action brought against a

nonprofit agency:

(a) The fact that the nonprofit agency did not apply for a grant of

money from the Account.

(b) The fact that the nonprofit agency did not request that the

Central Repository, through the use of the Account, determine

whether a volunteer or prospective volunteer of the nonprofit agency

has committed [a sexual offense.] an offense listed in subsection 4

of NRS 179A.190.

Sec. 16. NRS 179B.250 is hereby amended to read as follows:

179B.250 1. The Department shall, in a manner prescribed

by the Director, establish within the Central Repository a program to

provide the public with access to certain information contained in

the statewide registry. The program may include, but is not limited

to, the use of a secure website on the Internet or other electronic

means of communication to provide the public with access to certain

information contained in the statewide registry if such information is

made available and disclosed in accordance with the procedures set

forth in this section.

2. Before a search of the statewide registry is conducted on

behalf of a requester seeking information from the program, the

requester must provide his name, address and telephone number and

the following information concerning the identity of the subject of

the search:

(a) The name of the subject of the search and at least one of the

following items:

(1) The social security number of the subject of the search;

(2) The identification number from a driver’s license or an

identification card issued to the subject of the search by this state; or

(3) The date of birth of the subject of the search; or

(b) The name and address of the subject of the search and all of

the following items:

(1) The race or ethnicity of the subject of the search;

(2) The hair color and eye color of the subject of the search;

(3) The approximate height and weight of the subject of the

search; and

(4) The approximate age of the subject of the search.

After conducting a search based upon information provided

pursuant to paragraph (a) or (b), the Central Repository may require

the requester to provide additional information to confirm the

identity of the subject of the search. The additional information may

include, but is not limited to, the license number from a motor

vehicle frequently driven by the subject of the search, the employer

of the subject of the search or any information listed in paragraph

(a) or (b) that was not provided for the initial search.

3. After conducting a search of the statewide registry on behalf

of a requester, the Central Repository shall inform the requester that:

(a) No person listed in the statewide registry matches the

information provided by the requester concerning the identity of the

subject of the search;

(b) The requester needs to provide additional information

concerning the identity of the subject of the search before the

Central Repository may disclose the results of the search; or

information provided by the requester concerning the identity of the

subject of the search. If a search of the statewide registry results in a

match pursuant to this paragraph, the Central Repository:

(1) Shall inform the requester of each offense for which the

subject of the search was convicted and the date and location of

each conviction.

(2) May, through the use of a secure website on the Internet

or other electronic means of communication, provide the requester

with a photographic image of the subject of the search if such an

image is available.

(3) Shall not provide the requester with any other

information that is included in the record of registration for the

subject of the search.

4. For each inquiry to the program, the Central Repository

shall:

(a) Charge a fee to the requester;

(b) Maintain a log of the information provided by the requester

to the Central Repository and the information provided by the

Central Repository to the requester; and

program may not be used to violate the law or the individual rights

of another person and that such misuse of information obtained

through the program may subject the requester to criminal

prosecution or civil liability for damages.

5. A person may not use information obtained through the

program as a substitute for information relating to [sexual] the

offenses listed in subsection 4 of NRS 179A.190 that must be

provided by the Central Repository pursuant to NRS 179A.180 to

179A.240, inclusive, or another provision of law.

Sec. 17. NRS 202.366 is hereby amended to read as follows:

202.366 1. Upon receipt by a sheriff of an application for a

permit, the sheriff shall conduct an investigation of the applicant to

determine if he is eligible for a permit. In conducting the

investigation, the sheriff shall forward a complete set of the

applicant’s fingerprints to the Central Repository for Nevada

Records of Criminal History [and] for submission to the Federal

Bureau of Investigation for [a] its report concerning the criminal

history of the applicant. The sheriff shall issue a permit to the

applicant unless he is not qualified to possess a handgun pursuant to

state or federal law or is not otherwise qualified to obtain a permit

pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations

adopted pursuant thereto.

2. To assist the sheriff in conducting his investigation, any

local law enforcement agency, including the sheriff of any county,

may voluntarily submit to the sheriff a report or other information

concerning the criminal history of an applicant.

3. Within 120 days after a complete application for a permit is

submitted, the sheriff to whom the application is submitted shall

grant or deny the application. If the application is denied, the sheriff

shall send the applicant written notification setting forth the reasons

for the denial. If the application is granted, the sheriff shall provide

the applicant with a permit containing a colored photograph of the

applicant and containing such other information as may be

prescribed by the department. The permit must be in substantially

the following form:

NEVADA CONCEALED FIREARM PERMIT

County...................... Permit Number........

Expires...................... Date of Birth............

Height....................... Weight......................

Name......................... Address.....................

City............................ Zip............................

Photograph

Signature..............

Issued by...............

Date of Issue........

Make, model and caliber of each authorized firearm

4. Unless suspended or revoked by the sheriff who issued the

permit, a permit expires:

(a) If the permittee was a resident of this state at the time the

permit was issued, on the fifth anniversary of the permittee’s

birthday, measured from the birthday nearest the date of issuance or

renewal.

(b) If the permittee was not a resident of this state at the time the

permit was issued, on the third anniversary of the permittee’s

birthday, measured from the birthday nearest the date of issuance or

renewal.

5. If the date of birth of a permittee is on February 29 in a leap

year, for the purposes of NRS 202.3653 to 202.369, inclusive, his

date of birth shall be deemed to be on February 28.

Sec. 18. NRS 239B.010 is hereby amended to read as follows:

239B.010 1. Any agency of the State or any political

subdivision may request of and receive from the Federal Bureau of

Investigation information on the background and personal history of

any person:

[1.] (a) Who has applied to it for a license as required by any

statute or local ordinance which it has the power to grant or deny;

[2.] (b) With whom it intends to enter into a relationship of

employment or a contract for personal services; or

[3.] (c) About whom it has a legitimate need to have accurate

personal information for the protection of the agency or the people

within its jurisdiction.

2. Except as otherwise provided in subsection 3:

(a) To request and receive information from the Federal

Bureau of Investigation concerning a person pursuant to

subsection 1, the agency or political subdivision must:

(1) Require the person to submit a complete set of his

fingerprints; and

(2) Forward the fingerprints to the Central Repository for

Nevada Records of Criminal History for submission to the Federal

Bureau of Investigation for its report.

(b) Only the Central Repository may:

(1) Receive fingerprints from an agency of the State or any

political subdivision for submission to the Federal Bureau of

Investigation pursuant to this section;

(2) Submit those fingerprints to the Federal Bureau of

Investigation; and

(3) Receive a report from the Federal Bureau of

Investigation based on the submission of those fingerprints.

3. If an agency or political subdivision that wishes to request

and receive information from the Federal Bureau of Investigation

concerning a person pursuant to subsection 1 is required by

federal law to comply with specific procedures to request and

receive such information from the Federal Bureau of

Investigation:

(a) The provisions of subsection 2 do not apply to the agency

or political subdivision; and

(b) The agency or political subdivision must comply with the

specific procedures required by federal law.

Sec. 19. NRS 391.033 is hereby amended to read as follows:

391.033 1. All licenses for teachers and other educational

personnel are granted by the Superintendent of Public Instruction

pursuant to regulations adopted by the Commission and as

otherwise provided by law.

2. An application for the issuance of a license must include the

social security number of the applicant.

3. Every applicant for a license must submit with his

application a complete set of his fingerprints and written permission

authorizing the Superintendent to forward the fingerprints to the

Central Repository for Nevada Records of Criminal History for its

report on the criminal history of the applicant and for submission

to the Federal Bureau of Investigation [and to the Central

Repository for Nevada Records of Criminal History for their

reports] for its report on the criminal history of the applicant.

4. The Superintendent may issue a provisional license pending

receipt of the reports of the Federal Bureau of Investigation and the

Central Repository for Nevada Records of Criminal History if he

determines that the applicant is otherwise qualified.

5. A license must be issued to an applicant if:

(a) The Superintendent determines that the applicant is

qualified;

(b) The reports on the criminal history of the applicant from the

Federal Bureau of Investigation and the Central Repository for

Nevada Records of Criminal History:

(1) Do not indicate that the applicant has been convicted of a

felony or any offense involving moral turpitude; or

(2) Indicate that the applicant has been convicted of a felony

or an offense involving moral turpitude but the Superintendent

determines that the conviction is unrelated to the position within the

county school district for which the applicant applied; and

NRS 391.034.

Sec. 20. NRS 391.100 is hereby amended to read as follows:

391.100 1. The board of trustees of a school district may

employ a superintendent of schools, teachers and all other necessary

employees.

2. The board of trustees of a school district:

(a) May employ teacher aides and other auxiliary,

nonprofessional personnel to assist licensed personnel in the

instruction or supervision of children, either in the classroom or at

any other place in the school or on the grounds thereof; and

(b) Shall establish policies governing the duties and

performance of teacher aides.

3. Each applicant for employment pursuant to this section,

except a teacher or other person licensed by the Superintendent of

Public Instruction, must, as a condition to employment, submit to

the school district a full set of his fingerprints and written

permission authorizing the school district to forward the fingerprints

to the Central Repository for Nevada Records of Criminal History

for its report on the criminal history of the applicant and for

submission to the Federal Bureau of Investigation [and the Central

Repository for Nevada Records of Criminal History for their

reports] for its report on the criminal history of the applicant.

4. Except as otherwise provided in subsection 5, the board of

trustees of a school district shall not require a licensed teacher or

other person licensed by the Superintendent of Public Instruction

pursuant to NRS 391.033 who has taken a leave of absence from

employment authorized by the school district, including, without

limitation:

(a) Sick leave;

(b) Sabbatical leave;

(d) Leave for attendance at a regular or special session of the

Legislature of this state if the employee is a member thereof;

(e) Maternity leave; and

(f) Leave permitted by the Family and Medical Leave Act of

1993, 29 U.S.C. §§ 2601 et seq.,

to submit a set of his fingerprints as a condition of return to or

continued employment with the school district if the employee is in

good standing when the employee began the leave.

5. A board of trustees of a school district may ask the

Superintendent of Public Instruction to require a person licensed by

the Superintendent of Public Instruction pursuant to NRS 391.033

who has taken a leave of absence from employment authorized by

the school district to submit a set of his fingerprints as a condition of

return to or continued employment with the school district if the

board of trustees has probable cause to believe that the person has

committed a felony or an offense involving moral turpitude during

the period of his leave of absence.

6. The board of trustees of a school district may employ or

appoint persons to serve as school police officers. If the board of

trustees of a school district employs or appoints persons to serve as

school police officers, the board of trustees shall employ a law

enforcement officer to serve as the chief of school police who is

supervised by the superintendent of schools of the school district.

The chief of school police shall supervise each person appointed or

employed by the board of trustees as a school police officer. In

addition, persons who provide police services pursuant to subsection

7 or 8 shall be deemed school police officers.

7. The board of trustees of a school district in a county that has

a metropolitan police department created pursuant to chapter 280 of

NRS[,] may contract with the metropolitan police department for

the provision and supervision of police services in the public

schools within the jurisdiction of the metropolitan police department

and on property therein that is owned by the school district. If a

contract is entered into pursuant to this subsection, the contract must

make provision for the transfer of each school police officer

employed by the board of trustees to the metropolitan police

department. If the board of trustees of a school district contracts

with a metropolitan police department pursuant to this subsection,

the board of trustees shall, if applicable, cooperate with appropriate

local law enforcement agencies within the school district for the

provision and supervision of police services in the public schools

within the school district and on property owned by the school

district, but outside the jurisdiction of the metropolitan police

department.

8. The board of trustees of a school district in a county that

does not have a metropolitan police department created pursuant to

chapter 280 of NRS may contract with the sheriff of that county for

the provision of police services in the public schools within the

school district and on property therein that is owned by the school

district.

Sec. 21. 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:

(a) To occupy an instructional position;

(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; or

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 a complete set of his

fingerprints to the Central Repository for Nevada Records of

Criminal History [and] for its report and for submission to the

Federal Bureau of Investigation[.] for its report. 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 satisfy the requirements of

subsection 1 if he:

(a) Is licensed by the Superintendent of Public Instruction;

(b) Is an employee of the United States Department of Defense;

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. 22. NRS 450B.800 is hereby amended to read as follows:

450B.800 An applicant for any permit, license or certificate

issued pursuant to this chapter shall furnish to the health authority a

complete set of his fingerprints and written permission authorizing

the health authority to forward those fingerprints to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report. The health

authority may exchange with the Federal Bureau of Investigation

any information respecting the fingerprints of an applicant.

Sec. 23. NRS 463.1405 is hereby amended to read as follows:

463.1405 1. The Board shall investigate the qualifications of

each applicant under this chapter before any license is issued or any

registration, finding of suitability or approval of acts or transactions

for which Commission approval is required or permission is

granted, and shall continue to observe the conduct of all licensees

and other persons having a material involvement directly or

indirectly with a licensed gaming operation or registered holding

company to ensure that licenses are not issued or held by, nor is

there any material involvement directly or indirectly with a licensed

gaming operation or registered holding company by unqualified,

disqualified or unsuitable persons, or persons whose operations are

conducted in an unsuitable manner or in unsuitable or prohibited

places or locations.

2. To request and receive information from the Federal

Bureau of Investigation concerning an investigation of an

applicant pursuant to this section, the Board must receive a

complete set of fingerprints of the applicant which the Board must

forward to the Central Repository for Nevada Records of Criminal

History for submission to the Federal Bureau of Investigation for

its report.

3. The Board has full and absolute power and authority to

recommend the denial of any application, the limitation,

conditioning or restriction of any license, registration, finding of

suitability or approval, the suspension or revocation of any license,

registration, finding of suitability or approval or the imposition of a

fine upon any person licensed, registered, found suitable or

approved for any cause deemed reasonable by the Board.

[3.] 4. The Commission has full and absolute power and

authority to deny any application or limit, condition, restrict, revoke

or suspend any license, registration, finding of suitability or

approval, or fine any person licensed, registered, found suitable or

approved, for any cause deemed reasonable by the Commission.

Sec. 24. NRS 463.4095 is hereby amended to read as follows:

463.4095 1. To register with or request the approval of the

Executive Director, a qualified organization must submit to him:

(a) A written application containing:

(1) The name, address and nature of the organization.

(2) Proof that the organization is a qualified organization.

(3) The names of the officers or principals of the

organization, and of any person responsible for the management,

administration or supervision of the organization’s charitable bingo

games and any activities related to those bingo games.

(4) A description of all the prizes to be offered in charitable

bingo games operated by the organization during the calendar year

to which the application pertains and, if the approval of the

Executive Director is required, a summary of the anticipated

expenses of conducting those bingo games, including copies of any

proposed agreements between the organization and any suppliers of

material for the operation of those bingo games.

(5) A description of the intended use of the net proceeds of

charitable bingo games operated by the organization during the

calendar year to which the application pertains.

(6) The address of the location where charitable bingo games

will be conducted by the organization during the calendar year to

which the application pertains.

(7) A statement that charitable bingo games will be

conducted in accordance with standards of honesty and integrity

applicable to licensed bingo games in this state.

(8) Any other information the Executive Director deems

appropriate.

(b) A nonrefundable fee of:

(1) For registration, $10; or

(2) For a request for approval, $25.

Executive Director, it must [submit the] :

(1) Submit a complete set of the fingerprints of its officers,

principals and persons responsible for management of the bingo

games, on forms approved by the Executive Director , which the

Executive Director may forward to the Central Repository for

Nevada Records of Criminal History for submission to the Federal

Bureau of Investigation for its report; and [must reimburse]

(2) Reimburse the Board for its costs incurred in submitting

the fingerprints for review.

2. A qualified organization shall submit such additional

information as necessary to correct or complete any information

submitted pursuant to this section that becomes inaccurate or

incomplete. The approval of a qualified organization is suspended

during the period that any of the information is inaccurate or

incomplete. The Executive Director may reinstate the approval of

the organization only after all information has been corrected and

completed.

3. The money collected pursuant to this section must be

expended to administer and enforce the provisions of NRS 463.4091

to 463.40965, inclusive.

Sec. 25. NRS 463.520 is hereby amended to read as follows:

463.520 A corporation, other than a publicly traded

corporation, which applies for a state gaming license shall register

as a corporation with the Board, and shall provide the following

information to the Board:

1. The organization, financial structure and nature of the

business to be operated, including [the names,] :

(a) The names and personal history [and] of all officers,

directors and key employees;

(b) A complete set of the fingerprints of all officers, directors

and key employees [, and the] which the Board may forward to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report;

and

stockholders.

2. The rights and privileges acquired by the holders of different

classes of authorized securities, including debentures.

3. The terms on which securities are to be offered.

4. The terms and conditions of all outstanding loans,

mortgages, trust deeds, pledges or any other indebtedness or security

device.

5. The extent of the equity security holding in the corporation

of all officers, directors and underwriters, and their remuneration as

compensation for services, in the form of salary, wages, fees or

otherwise.

6. Remuneration to persons other than directors and officers

exceeding $30,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing, or to be created.

10. Balance sheets for at least 3 preceding fiscal years, or, if

the corporation has not been incorporated for a period of 3 years,

balance sheets from the time of its incorporation. All balance sheets

shall be certified by independent public accountants certified or

registered in the State of Nevada.

11. Profit and loss statements for at least the 3 preceding fiscal

years, or, if the corporation has not been incorporated for a period of

3 years, profit and loss statements from the time of its incorporation.

All profit and loss statements shall be certified by independent

public accountants certified or registered in the State of Nevada.

12. Any further financial data which the Board may deem

necessary or appropriate for the protection of the State of Nevada, or

licensed gambling, or both.

Sec. 26. NRS 463.568 is hereby amended to read as follows:

463.568 The limited partnership which applies for a state

gaming license shall register as a limited partnership with the Board,

and shall provide the following information to the Board:

1. The organization, financial structure and nature of the

business to be operated, including [the names,] :

(a) The names and personal history [and] of all general

partners and key employees;

(b) A complete set of the fingerprints of all general partners and

key employees [, and the]which the Board may forward to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report;

and

2. The rights, privileges and relative priorities of limited

partners as to the return of contributions to capital, and the right to

receive income.

3. The terms on which limited partnership interests are to be

offered.

4. The terms and conditions of all outstanding loans,

mortgages, trust deeds, pledges or any other indebtedness or security

device.

5. The extent of the holding in the limited partnership of all

underwriters, and their remuneration as compensation for services,

in the form of salary, wages, fees or otherwise.

6. Remuneration to persons other than general partners

exceeding $30,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing, or to be created.

10. Balance sheets for at least the 3 preceding fiscal years, or,

if the limited partnership has not been in existence for 3 years,

balance sheets from the time of its formation. All balance sheets

must be certified by independent public accountants certified or

registered in this state.

11. Profit and loss statements for at least the 3 preceding fiscal

years, or, if the limited partnership has not been in existence for 3

years, profit and loss statements from the time of its formation. All

profit and loss statements must be certified by independent public

accountants certified or registered in this state.

12. Any further financial data which the Board may deem

necessary or appropriate for the protection of the State of Nevada, or

licensed gambling, or both.

Sec. 27. NRS 463.5734 is hereby amended to read as follows:

463.5734 A limited-liability company which applies for a

license shall register as a limited-liability company with the Board,

and shall provide the following information to the Board:

1. The organization, financial structure and nature of the

business to be operated, including [the names,] :

(a) The names and personal history of each director, manager,

member and key employee; and

(b) A complete set of the fingerprints of each director, manager,

member and key employee [.] which the Board may forward to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report.

2. The rights, privileges and relative priorities of the members

as to the return of contributions to capital and the right to receive

distribution of profits.

3. The terms on which interests in the limited-liability

company are to be offered.

4. The terms and conditions of all outstanding loans,

mortgages, trust deeds, pledges and any other indebtedness or

security device.

5. The extent of the holding in the limited-liability company of

all underwriters, and their remuneration as compensation for

services, in the form of salary, wages, fees or otherwise.

6. Remuneration to persons other than directors and managers

exceeding $30,000 per annum.

7. Bonus and profit-sharing arrangements.

8. Management and service contracts.

9. Options existing, or to be created.

10. Balance sheets for at least the 3 preceding fiscal years, or,

if the limited-liability company has not been in existence for 3

years, balance sheets from the time of its formation. All balance

sheets must be certified by independent public accountants certified

or registered in this state.

11. Profit and loss statements for at least the 3 preceding fiscal

years, or, if the limited-liability company has not been in existence

for 3 years, profit and loss statements from the time of its formation.

All profit and loss statements must be certified by independent

public accountants certified or registered in this state.

12. Any further financial data which the Board may deem

necessary or appropriate for the protection of the State of Nevada ,

or licensed gambling, or both.

Sec. 28. NRS 463A.030 is hereby amended to read as follows:

463A.030 1. Not later than the date on which a labor

organization which represents or seeks to represent gaming casino

employees in this state begins an organizational activity directed at a

gaming casino employee, the labor organization shall file with the

Board a list of its personnel who:

(a) Adjust or seek to adjust grievances for, negotiate or

administer the wages, hours, working conditions or conditions of

employment of any gaming casino employee;

(b) Solicit, collect or receive , or seek to solicit, collect or

receive any dues, assessments, levies, fines, contributions or other

charges within this state for or on behalf of the organization from

gaming casino employees; or

agents or in any other policymaking or supervisory position in the

organization.

2. Each person listed shall file with the Board :

(a) A complete set of his fingerprints [and complete]which the

Board may forward to the Central Repository for Nevada Records

of Criminal History for submission to the Federal Bureau of

Investigation for its report;

(b) Complete information in writing concerning his labor

organization activities, prior performance of the same or similar

functions, previous employment or occupational history[, and

criminal] ; and

unless the Board determines that a shorter period is appropriate.

3. The Commission shall by regulation prescribe the frequency

or circumstances or both with or under which the list must be

revised.

4. The Commission may by regulation prescribe:

(a) Any further information to be required concerning each

person listed or each person performing a particular function.

(b) The addition of other personnel to the list whose duties

significantly affect the conduct of a gaming operation.

5. In adopting regulations pursuant to this section, the

Commission shall proceed in the manner prescribed in chapter 463

of NRS.

6. For the purposes of this section, “organizational activity”

means:

(a) Soliciting membership by direct personal contact;

(b) Distributing cards regarding interests or representation; or

Sec. 29. NRS 467.030 is hereby amended to read as follows:

467.030 1. The members of the Commission shall elect one

of their number as Chairman of the Commission.

2. The Commission may purchase and use a seal.

3. The Commission may adopt regulations for the

administration of this chapter. The regulations must include:

(a) Number and qualifications of ring officials required at any

exhibition or contest.

(b) [Requirements that fingerprints be obtained and criminal

records be investigated for] Procedures for obtaining fingerprints

pursuant to NRS 467.100 to investigate the criminal history of all

ring officials and employees of the Commission[.] and any other

applicant the Commission wishes to investigate.

(d) Qualifications of licensees.

4. The Commission shall prepare all forms of contracts

between sponsors, licensees, promoters and contestants.

Sec. 30. NRS 467.100 is hereby amended to read as follows:

467.100 1. All contestants, promoters, managers, seconds,

trainers and ring officials must be licensed by the Commission. No

person may participate, directly or indirectly, in any professional

contest or exhibition of unarmed combat unless he has first procured

a license from the Commission.

2. The Commission may deny an application for a license or

grant a limited, restricted or conditional license for any cause

deemed sufficient by the Commission.

3. An application for a license constitutes a request for a

determination of the applicant’s general suitability, character,

integrity, and ability to participate or engage in, or be associated

with contests or exhibitions of unarmed combat. The burden of

proof is on the applicant to establish to the satisfaction of the

Commission that the applicant is qualified to receive a license. By

filing an application with the Commission, an applicant accepts the

risk of adverse public notice, embarrassment, criticism, financial

loss or other action with respect to his application, and expressly

waives any claim for damages as a result thereof. Any written or

oral statement that is made by any member of the Commission or

any witness testifying under oath which is relevant to the application

and investigation of the applicant is absolutely privileged and does

not impose liability for defamation or constitute a ground for

recovery in a civil action.

4. The Commission shall require:

(a) Each ring official and employee of the Commission; and

(b) Any other applicant the Commission wishes to

investigate,

to submit to the Commission with the application a complete set of

his fingerprints which the Commission may forward to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report.

5. After an application has been submitted to the Commission,

the application may not be withdrawn unless the Commission

consents to the withdrawal.

[5.] 6. The Commission shall fix a uniform scale of license

fees.

[6.] 7. In addition to the license fees required by subsection

[5,] 6, the Commission may require an applicant for a license to:

(a) Pay the costs of the proceedings associated with the issuance

of the license, including, without limitation, investigative costs and

attorney’s fees; and

(b) Deposit with the Commission such an amount of money as

the Commission deems necessary to pay for those costs. If any

amount required to be deposited pursuant to this paragraph exceeds

the actual cost of the proceedings, including, without limitation,

investigative costs and attorney’s fees, the Commission shall refund

the excess amount to the applicant upon the completion of the

proceedings.

[7.] 8. It is a violation of this chapter for any person to

participate, directly or indirectly, as stated in subsection 1, unless he

has been granted a license therefor.

Sec. 31. NRS 489.321 is hereby amended to read as follows:

489.321 1. An application for a manufacturer’s, dealer’s,

rebuilder’s, serviceman’s or installer’s license must be filed upon

forms supplied by the Division and include the social security

number of the applicant. The applicant must furnish:

(a) Any proof the Division may deem necessary that the

applicant is a manufacturer, dealer, rebuilder, serviceman or

installer.

(b) Any proof the Division may require that the applicant has an

established place of business.

character and reputation and of his fitness to engage in the activities

for which the license is sought.

(d) A complete set of his fingerprints and written permission

authorizing the Administrator to forward those fingerprints to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report. The

Administrator may exchange with the Central Repository and

the Federal Bureau of Investigation any information relating to the

fingerprints of an applicant under this section.

(e) In the case of a dealer in new manufactured homes, an

instrument in the form prescribed by the Division executed by or on

behalf of the manufacturer certifying that the applicant is an

authorized franchise dealer for the make or makes concerned.

(f) A reasonable fee fixed by regulation.

(g) In the case of a dealer, rebuilder, serviceman or installer,

proof of passing the examination required under NRS 489.351.

(h) Any additional requirements the Division may from time to

time prescribe by regulation.

2. Within 60 days after the receipt of a complete application,

the Division shall issue or deny the license.

3. The Administrator may issue a provisional license pending

receipt of the report from the Federal Bureau of Investigation. Upon

receipt of the report and a determination by the Administrator that

the applicant is qualified, the Division shall issue to the applicant a

dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s

license containing the applicant’s name and the address of his fixed

place of business.

4. Each license is valid for a period of 2 years from the date of

issuance and may be renewed for like consecutive periods upon

application to and approval by the Division.

Sec. 32. NRS 489.341 is hereby amended to read as follows:

489.341 1. A person shall not act as a salesman in this state

or as a responsible managing employee for a person who sells,

leases, reconstructs, improves, repairs or installs any manufactured

home, mobile home or commercial coach subject to the provisions

of this chapter without first having received a license from the

Division. Before issuing such a license, the Division shall require:

(a) An application, signed and verified by the applicant, stating

that he desires to act as a salesman or responsible managing

employee and providing his residential address, his social security

number and the name and address of his employer.

(b) Proof of the employment of the applicant at the time the

application is filed. An applicant for a license as a responsible

managing employee shall submit proof of 2 years’ experience within

the previous 4 years in the business in which the applicant is seeking

to be licensed as a responsible managing employee.

his fitness to act as a salesman or responsible managing employee.

(d) A complete set of his fingerprints and written permission

authorizing the Administrator to forward those fingerprints to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report. The

Administrator may exchange with the Central Repository and the

Federal Bureau of Investigation any information relating to the

fingerprints of an applicant.

(e) A statement as to whether any previous application of the

applicant has been denied or license revoked.

(f) Payment of a reasonable license fee established by

regulation.

(g) The applicant to have passed the examination required by

NRS 489.351.

(h) Any other information the Division deems necessary.

2. Within 60 days after the receipt of a complete application,

the Division shall issue or deny the license.

3. The Administrator may issue a provisional license pending

receipt of the report from the Federal Bureau of Investigation. Upon

receipt of the report and a determination by the Administrator that

the applicant is qualified, the Administrator shall issue to the

applicant a license as a salesman or a responsible managing

employee. The license must contain the licensee’s name and the

address of his employer’s place of business.

4. Each license is valid for 2 years from the date of issuance

and may be renewed for like consecutive periods upon application

to and approval by the Division.

5. A person licensed pursuant to this section shall not engage in

sales activity other than for the account of, or for and in behalf of, a

single employer who is a licensed dealer, rebuilder, serviceman or

installer.

6. A license issued pursuant to this section may be transferred

to another licensed employer upon application and the payment of a

transfer fee of $10. When a salesman or responsible managing

employee holding a current license leaves the employment of one

dealer, rebuilder, serviceman or installer for that of another, the new

employer may employ the salesman or responsible managing

employee pending the transfer of the license if the transfer is

completed within 10 days.

7. A license issued pursuant to this section must be posted in a

conspicuous place on the premises of the employer for whom the

holder of the license is licensed.

8. If a salesman or responsible managing employee ceases to

be employed by a licensed dealer, rebuilder, serviceman[,] or

installer, his license to act as a salesman or responsible managing

employee is automatically suspended and his right to act in that

capacity immediately ceases, and he shall not engage in such an

activity until reemployed by a licensed dealer, rebuilder, serviceman

or installer. Every licensed salesman and responsible managing

employee shall report in writing to the Division every change in his

place of employment[,] or termination of employment within 5 days

after the date of making the change.

Sec. 33. NRS 574.040 is hereby amended to read as follows:

574.040 1. Except as otherwise provided in this subsection

and NRS 574.350, a member, agent or local or district officer of a

society so incorporating, if authorized in writing by the trustees of

the society, approved by the district judge of the county, and sworn

in the same manner as peace officers are sworn, may make arrests

for a violation of the provisions of this chapter in the same manner

as is provided for other officers. The provisions of this subsection

apply only to a society that, on the date the society submits an

application to the district judge for approval for a member, agent or

local or district officer of the society to make arrests pursuant to this

subsection:

(a) Has at least 25 members; and

(b) Has been incorporated in accordance with NRS 574.010 for

not less than 5 years immediately preceding the submission of the

application.

2. Before submitting an application specified in subsection 1,

the society shall [submit to the sheriff of the county a complete set

of the fingerprints of the]require that each member, agent or local

or district officer of the society to whom the application relates [.]

submit to the society a complete set of his fingerprints which the

society shall submit to the sheriff of the county.

3. The sheriff shall:

(a) Upon receipt of the fingerprints, [the sheriff shall] forward

the fingerprints to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation for a report concerning the criminal history of the

member, agent or local or district officer of the society.

(b) Upon receipt of the report, [the sheriff shall] forward the

report to the society. The society shall include the report in the

application submitted pursuant to subsection 1.

[3.] 4. A member, agent or local or district officer who is

authorized to make arrests pursuant to subsection 1 shall, when

making those arrests, exhibit and expose a suitable badge, to be

adopted by the society.

[4.] 5. A person who resists such a specially appointed officer

shall be punished for that resistance in the same manner as is

provided for the punishment of resistance to other officers.

Sec. 34. NRS 599B.115 is hereby amended to read as follows:

599B.115 1. Except as otherwise provided in subsection 5,

each applicant for registration as a seller must obtain a work card

issued pursuant to subsection 3 by the sheriff of the county in which

the business of the applicant is located.

2. Except as otherwise provided in subsection 5, each principal

officer, director, trustee, shareholder, owner, partner and employee

of a seller, and each salesman associated with a seller who is not an

employee of the seller, must obtain a work card issued pursuant to

subsection 3 by the sheriff of the county in which the business of the

seller is located that authorizes his association with the seller.

3. The sheriff of a county shall issue a work card to each

person who is required by this section to obtain a work card and

who complies with the requirements established by the sheriff for

the issuance of such a card. A work card issued pursuant to this

section must be renewed each year.

4. If the sheriff of a county requires an applicant for a work

card to be investigated, the applicant must submit [a set of his

fingerprints] with his application [,] a complete set of his

fingerprints which the sheriff may [submit the fingerprints]forward

to the Central Repository for Nevada Records of Criminal History

[and] for submission to the Federal Bureau of Investigation to

determine the criminal history of the applicant.

5. A person who is licensed or registered pursuant to chapter

119A or 645 of NRS is not required to obtain a work card pursuant

to this section.

Sec. 35. NRS 616B.374 is hereby amended to read as follows:

616B.374 1. Except as otherwise provided in this section, a

person shall not advertise or offer for sale in this state any policies

or memberships or solicit or receive any money, subscriptions,

applications, premiums, assessments, memberships or any other fee

or charge in connection with a proposed association of self-insured

public or private employers unless he has obtained a solicitor’s

permit from the Commissioner.

2. To obtain a solicitor’s permit, a person must file a written

application with the Commissioner. The application must include:

(a) The name, type and purposes of the association formed or

proposed to be formed or financed;

(b) [The name, residential address, business, professional or

employment experience for the preceding 10 years and

qualifications of] On forms furnished by the Commissioner, for

each person associated or to be associated as director, promoter,

manager, member of the board or in other similar capacity in the

association, or in the formation of the proposed association or in the

proposed financing[, together with the fingerprints of each person

so associated or to be associated, on forms furnished by the

Commissioner;] :

(1) His name, residential address and qualifications;

(2) His business, professional or employment experience

for the preceding 10 years; and

(3) A complete set of his fingerprints which the

Commissioner may forward to the Central Repository for Nevada

Records of Criminal History for submission to the Federal Bureau

of Investigation for its report;

and agreements existing or proposed among any persons or entities

so associated or to be associated, and a copy of each such

agreement;

(d) A copy of the articles of incorporation and bylaws of a

solicitor, if incorporated;

(e) The plan according to which solicitations are to be made and

a reasonably detailed estimate of all administrative and sales

expenses to be incurred;

(f) A copy of any certificate proposed to be offered, and a copy

of any proposed application therefor;

(g) A copy of any prospectus, offering circular, advertising or

sales literature or materials proposed to be used;

(h) Proof of an escrow account and agreement for the deposit of

all funds collected during the formation of the association; and

(i) Such additional pertinent information as the Commissioner

may reasonably require.

3. The application must be accompanied by a fee of $500 for

the filing of the application and for the issuance of the permit, if

granted. A solicitor must submit this fee each year thereafter if he

continues to recruit new members for an association.

4. A person who violates subsection 1 is guilty of a category D

felony and shall be punished as provided in NRS 193.130.

5. The provisions of this section do not apply to:

(a) A bona fide trade association that has been in existence for at

least 5 years and solicits members of its trade association; or

(b) A person who is employed by:

(1) Current members of an association; or

(2) Employers that are considering membership in an

association,

whose primary duties do not include solicitation of potential

members of the association.

Sec. 36. NRS 631.220 is hereby amended to read as follows:

631.220 1. Every applicant for a license to practice dental

hygiene or dentistry, or any of its special branches, shall:

(a) File an application with the Board 45 days before the date on

which the examination is to be given.

(b) Accompany the application with a recent photograph of

himself together with the required examination fee and such other

documentation as the Board may require by regulation.

and written permission authorizing the Board to forward the

fingerprints to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation for its report.

2. An application must include the social security number of

the applicant.

Sec. 37. Chapter 634 of NRS is hereby amended by adding

thereto a new section to read as follows:

Each applicant for a license to practice chiropractic or to

practice as a chiropractor’s assistant must submit to the Board a

complete set of his fingerprints which the Board may forward to

the Central Repository for Nevada Records of Criminal History

for submission to the Federal Bureau of Investigation for its

report.

Sec. 38. NRS 634A.110 is hereby amended to read as follows:

634A.110 1. An applicant for examination for a license to

practice Oriental medicine , or any branch thereof, shall:

(a) Submit an application to the Board on forms provided by the

Board;

(b) Submit satisfactory evidence that he is 21 years or older and

meets the appropriate educational requirements;

fingerprints which the Board may forward to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report;

(d) Pay a fee established by the Board of not more than $1,000;

and

[(d)] (e) Pay any fees required by the Board for an investigation

of the applicant or for the services of a translator, if the translator is

required to enable the applicant to take the examination.

2. An application submitted to the Board pursuant to

subsection 1 must include the social security number of the

applicant.

Sec. 39. NRS 640.090 is hereby amended to read as follows:

640.090 Unless he is entitled to licensure under NRS 640.120

or 640.140, a person who desires to be licensed as a physical

therapist must:

1. Apply to the Board, in writing, on a form furnished by the

Board;

2. Include in the application his social security number and

evidence, under oath, satisfactory to the Board, that he possesses the

qualifications required by NRS 640.080 other than having passed

the examination;

3. Pay to the Board at the time of filing his application a fee set

by a regulation of the Board in an amount not to exceed $300;

4. Submit [his fingerprints] to the Board with his application[;

and]a complete set of his fingerprints which the Board may

forward to the Central Repository for Nevada Records of Criminal

History for submission to the Federal Bureau of Investigation for

its report; and

5. Submit other documentation and proof the Board may

require.

Sec. 40. NRS 640.250 is hereby amended to read as follows:

640.250 Unless he is entitled to a license under NRS 640.270,

a person who desires to be licensed as a physical therapist’s assistant

must:

1. Apply to the Board, in writing, on a form furnished by the

Board. The application for licensure as a physical therapist’s

assistant must also be signed by the supervising physical therapist of

the applicant.

2. Include in the application his social security number and

evidence, under oath, satisfactory to the Board, that he possesses the

qualifications required by NRS 640.230 other than having passed

the examination.

3. Pay to the Board at the time of filing his application a fee set

by a regulation of the Board in an amount not to exceed $200.

4. Submit [his fingerprints] to the Board with his application[.]

a complete set of his fingerprints which the Board may forward to

the Central Repository for Nevada Records of Criminal History

for submission to the Federal Bureau of Investigation for its

report.

5. Submit such documentation and proof as the Board may

require.

6. Pay the fee for examination of the applicant as the Board

may establish.

Sec. 41. Chapter 641B of NRS is hereby amended by adding

thereto a new section to read as follows:

Each applicant for a license must submit to the Board a

complete set of his fingerprints which the Board may forward to

the Central Repository for Nevada Records of Criminal History

for submission to the Federal Bureau of Investigation for its

report.

Sec. 42. NRS 641C.260 is hereby amended to read as follows:

641C.260 Each applicant for a license or certificate must

submit to the Board:

1. An application on a form provided by the Board; [and]

2. A complete set of his fingerprints which the Board may

forward to the Central Repository for Nevada Records of Criminal

History for submission to the Federal Bureau of Investigation for

its report; and

3. The application fee prescribed in NRS 641C.470.

Sec. 43. NRS 645.355 is hereby amended to read as follows:

645.355 1. An applicant for a license as a broker, broker-

salesman or salesman in this state must, as part of his application, be

fingerprinted. Each applicant [shall,] must, at his own expense, and

on a card provided by the Division, arrange to be fingerprinted by

any police or sheriff’s office and [shall]must attach his fingerprint

card, after his fingerprints are taken, to his application.

2. The Division may [mail]forward the applicant’s fingerprint

card to :

(a) The Central Repository for Nevada Records of Criminal

History for submission to theFederal Bureau of Investigation [,

Washington, D.C.,] for its report [, and to such]; and

(b) Such other law enforcement agencies as the Division may

deem necessary.

Sec. 44. NRS 645.6065 is hereby amended to read as follows:

645.6065 1. Except as otherwise provided in NRS 645.607, a

person shall not act as a qualified intermediary unless he is

registered as such with the Division. The Division may adopt such

regulations as it deems necessary to carry out the provisions of NRS

645.606 to 645.609, inclusive.

2. A person may apply for registration by paying to the

Division a $100 fee plus the actual cost of a background

investigation conducted by the Federal Bureau of Investigation and

filing with the Division:

(a) The following information on a form provided by the

Division:

(1) The applicant’s name, address and telephone number;

(2) The name under which the applicant will hold the money

or other property of a client;

(3) The names, residence and business addresses of all

persons having an interest in the business as principals, partners,

officers, trustees or directors, specifying the capacity and title of

each;

(4) If the applicant is a natural person, the social security

number of the applicant; and

(5) The length of time the applicant has been engaged in the

business of acting as such an intermediary;

(b) If the person is a natural person, the statement required

pursuant to NRS 645.6068; and

of the applicant’s fingerprints, taken by an agency of law

enforcement, are displayed.

3. The Division shall:

(a) [Mail] Forward the card upon which the applicant’s

fingerprints are displayed to the Central Repository for submission

to the Federal Bureau of Investigation; and

(b) Request from the Central Repository and the Federal

Bureau of Investigation such information regarding the applicant’s

criminal history as the Division deems necessary.

4. Registration pursuant to this section must be renewed each

year on or before the date of the original registration by providing

the information required by the Division for that purpose and paying

a renewal fee of $75.

Sec. 45. NRS 645B.450 is hereby amended to read as follows:

645B.450 1. A person shall not act as or provide any of the

services of a mortgage agent or otherwise engage in, carry on or

hold himself out as engaging in or carrying on the activities of a

mortgage agent if the person:

(a) Has been convicted of, or entered a plea of nolo contendere

to, a felony or any crime involving fraud, misrepresentation or

moral turpitude; or

(b) Has had a financial services license or registration suspended

or revoked within the immediately preceding 10 years.

2. A mortgage agent may not be associated with or employed

by more than one mortgage broker at the same time.

3. A mortgage broker shall register with the Division each

person who will be associated with or employed by the mortgage

broker as a mortgage agent. A mortgage broker shall register each

such person with the Division when the person begins his

association or employment with the mortgage broker and annually

thereafter. A registration expires 12 months after its effective date.

4. To register a person as a mortgage agent, a mortgage broker

must:

(a) Submit to the Division a registration form which is provided

by the Division and which:

(1) States the name, residence address and business address

of the person;

(2) Is signed by the person;

(3) Includes a provision by which the person gives his

written consent to an investigation of his credit history, criminal

history and background; [and]

(4) Includes a complete set of his fingerprints which the

Division may forward to the Central Repository for Nevada

Records of Criminal History for submission to the Federal Bureau

of Investigation for its report; and

(5) Includes any other information or supporting materials

required by the regulations adopted by the Commissioner. Such

information or supporting materials may include, without limitation,

[a complete set of fingerprints from the person,] the social security

number of the person and other forms of identification of the person.

(b) For each initial registration, pay the actual costs and

expenses incurred by the Division to investigate the credit history,

criminal history and background of the person. All money received

pursuant to this paragraph must be placed in the Investigative

Account created by NRS 232.545.

satisfactory proof that the person attended at least 5 hours of

certified courses of continuing education during the 12 months

immediately preceding the date on which the registration expires.

5. Not later than the date on which the mortgage broker

submits the information for annual registration required by

subsection 4, the person being registered shall pay an annual

registration fee of $125. If the person does not pay the annual

registration fee, the person shall be deemed to be unregistered for

the purposes of this chapter.

6. A mortgage broker shall not employ a person as a mortgage

agent or authorize a person to be associated with the mortgage

broker as a mortgage agent if the mortgage broker has not registered

the person with the Division pursuant to this section or if the person:

(a) Has been convicted of, or entered a plea of nolo contendere

to, a felony or any crime involving fraud, misrepresentation or

moral turpitude; or

(b) Has had a financial services license or registration suspended

or revoked within the immediately preceding 10 years.

7. If a mortgage agent terminates his association or

employment with a mortgage broker for any reason, the mortgage

broker shall, not later than the third business day following the date

of termination:

(a) Deliver to the mortgage agent or send by certified mail to the

last known residence address of the mortgage agent a written

statement which advises him that his termination is being reported

to the Division; and

(b) Deliver or send by certified mail to the Division:

(1) A written statement of the circumstances surrounding the

termination; and

(2) A copy of the written statement that the mortgage broker

delivers or mails to the mortgage agent pursuant to paragraph (a).

8. As used in this section, “certified course of continuing

education” has the meaning ascribed to it in NRS 645B.051.

Sec. 46. NRS 645C.300 is hereby amended to read as follows:

645C.300 1. Every application for a certificate, license or

registration card must include the social security number of the

applicant and be accompanied by the fee for the certificate, license

or registration card.

2. Each applicant must:

(a) At his own expense and on a card provided by the Division,

arrange to be fingerprinted by an agency of law enforcement; and

(b) Attach the completed card to his application.

3. The Division may:

(a) [Mail] Forward the completed card to :

(1) The Central Repository for Nevada Records of Criminal

History for submission to the Federal Bureau of Investigation [or

any] for its report; and

(2) Any other agency of law enforcement; and

(b) Request from such an agency any information regarding the

applicant’s criminal history as the Division deems necessary.

Sec. 47. NRS 645D.180 is hereby amended to read as follows:

645D.180 1. Every application for a certificate must be

accompanied by the fee for the certificate.

2. Each applicant must:

(a) At his own expense and on a card provided by the Division,

arrange to be fingerprinted by an agency of law enforcement; and

(b) Attach the completed card to his application.

3. The Division may:

(a) Require more than one set of fingerprints;

(b) [Mail a] Forward the completed card to :

(1) The Central Repository for Nevada Records of Criminal

History for submission to the Federal Bureau of Investigation [or

any] for its report; and

(2) Any other agency of law enforcement; and

applicant’s criminal history that the Division deems necessary.

Sec. 48. NRS 648.080 is hereby amended to read as follows:

648.080 Every application for a license must contain:

1. A detailed statement of the applicant’s personal history on

the form specified by the Board. If the applicant is a corporation, the

application must include such a statement concerning each officer

and director.

2. A statement of the applicant’s financial condition on the

form specified by the Board. If the applicant is a corporation, the

application must include such a statement concerning each officer

and director.

3. A specific description of the location of the principal place

of business of the applicant, the business in which he intends to

engage and the category of license he desires.

4. A [full] complete set of fingerprints [and a] which the Board

may forward to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation for its report.

5. A recent photograph of the applicant or, if the applicant is a

corporation, of each officer and director.

[5.] 6. Evidence supporting the qualifications of the applicant

in meeting the requirements for the license for which he is applying.

[6.] 7. If the applicant is not a natural person, the full name

and residence address of each of its partners, officers, directors and

manager, and a certificate of filing of a fictitious name.

[7.] 8. Such other facts as may be required by the Board to

show the good character, competency and integrity of each

signatory.

Sec. 49. NRS 648.203 is hereby amended to read as follows:

648.203 1. Except as otherwise provided in subsection 2, it is

unlawful for a person to:

(a) Allow an employee, including an independent contractor, to

perform any work regulated pursuant to the provisions of this

chapter unless the employee holds a work card authorizing his work

which is issued by the sheriff of the county in which the work is

performed. The provisions of this paragraph do not apply to a

person licensed pursuant to this chapter.

(b) Work as a security guard unless he holds a work card

authorizing his work as a security guard issued in accordance with

applicable ordinances by the sheriff of the county in which the work

is performed.

2. The provisions of subsection 1 do not apply in any county

whose population is less than 100,000, but this subsection does not

prohibit a board of county commissioners from adopting similar

restrictions by ordinance.

3. The sheriff of any county in which such restrictions apply

shall [submit the fingerprints of] require any person applying for

such a work card to submit a complete set of his fingerprints to the

sheriff who may forward the fingerprints to the Central Repository

for Nevada Records of Criminal History [and] for submission to the

Federal Bureau of Investigation to determine the applicant’s

criminal history.

Sec. 50. NRS 649.196 is hereby amended to read as follows:

649.196 1. Each applicant for a manager’s certificate must

submit proof satisfactory to the Commissioner that he:

(a) Is a citizen of the United States or lawfully entitled to remain

and work in the United States.

(b) Is at least 21 years of age.

and is competent to transact the business of a collection agency in a

manner which protects the interests of the general public.

(d) Has not committed any of the acts specified in NRS 649.215.

(e) Has not had a collection agency license or manager’s

certificate suspended or revoked within the 10 years immediately

preceding the date of filing the application.

(f) Has not been convicted of, or entered a plea of nolo

contendere to, a felony or any crime involving fraud,

misrepresentation or moral turpitude.

(g) Has had not less than 2 years’ full-time experience with a

collection agency in the collection of accounts assigned by creditors

who were not affiliated with the collection agency except as

assignors of accounts. At least 1 year of the 2 years of experience

must have been within the 18-month period preceding the date of

filing the application.

2. Each applicant must:

(a) Pass the examination provided for in NRS 649.205.

(b) Pay the required fees.

prescribes:

(1) Three recent photographs ; and [three]

(2) Three complete sets of his fingerprints [in such form as]

which the Commissioner [prescribes] may forward to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report.

(d) Submit such other information reasonably related to his

qualifications for the manager’s certificate as the Commissioner

determines to be necessary.

3. The Commissioner may refuse to issue a manager’s

certificate if the applicant does not meet the requirements of

subsections 1 and 2.

4. If the Commissioner refuses to issue a manager’s certificate

pursuant to this section, he shall notify the applicant in writing by

certified mail stating the reasons for the refusal. The applicant may

submit a written request for a hearing within 20 days after he

receives the notice. If the applicant fails to submit a written request

within the prescribed period, the Commissioner shall enter a final

order.

Sec. 51. NRS 654.150 is hereby amended to read as follows:

654.150 Each applicant for licensure as a nursing facility

administrator pursuant to this chapter must:

1. Be of good moral character and physically and emotionally

capable of administering a facility for skilled nursing or facility for

intermediate care.

2. Have satisfactorily completed a course of instruction and

training prescribed or approved by the Board, including the study of:

(a) The needs which are to be properly served by a facility for

skilled nursing or facility for intermediate care;

(b) The laws governing the operation of a facility and the

protection of the patients’ interests; and

In lieu of the specific requirements of this subsection, the applicant

may present other evidence satisfactory to the Board of sufficient

education, training or experience by which he would be qualified to

administer, supervise and manage a facility.

3. Pass an examination conducted and prescribed by the Board

pursuant to the provisions of this chapter.

4. Submit with his application:

(a) A complete set of his fingerprints and written permission

authorizing the Board to forward the fingerprints to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report; and

(b) A fee to cover the actual cost of obtaining the report from the

Federal Bureau of Investigation.

5. Submit the statement required pursuant to NRS 654.145.

6. Meet such other standards and qualifications as the Board

may from time to time establish.

Sec. 52. NRS 654.155 is hereby amended to read as follows:

654.155 Each applicant for licensure as an administrator of a

residential facility for groups pursuant to this chapter must:

1. Be at least 21 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 physically and emotionally

capable of administering a residential facility for groups;

4. Have satisfactorily completed a course of instruction and

training prescribed or approved by the Board or be qualified by

reason of his education, training or experience to administer,

supervise and manage a residential facility for groups;

5. Pass an examination conducted and prescribed by the Board;

6. Submit with his application:

(a) A complete set of his fingerprints and written permission

authorizing the Board to forward the fingerprints to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report; [and]

(b) A fee to cover the actual cost of obtaining the report from the

Federal Bureau of Investigation; and

7. Comply with such other standards and qualifications as the

Board prescribes.

Sec. 53. NRS 683A.150 is hereby amended to read as follows:

683A.150 Written application for a managing general agent’s

license must be filed with the Commissioner by the applicant . [,

accompanied by the applicable fee.]

Sec. 54. NRS 683A.160 is hereby amended to read as follows:

683A.160 [Application for a license as a managing general

agent shall be made in writing by the applicant desiring a license as

a managing general agent, and filed with the Commissioner. The

application shall be accompanied by the applicant’s fingerprints, by]

Each applicant for a license as a managing general agent must

submit with his application:

1. A complete set of his fingerprints which the Commissioner

may forward to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation for its report;

2. The appointment of the applicant as a managing general

agent by each insurer or underwriter department to be so represented

[, and by the] ; and

3. The application and license fee specified in NRS 680B.010

. [(fee schedule).]

Sec. 55. NRS 689.175 is hereby amended to read as follows:

689.175 1. The proposed seller, or the appropriate corporate

officer of the proposed seller, shall apply in writing to the

Commissioner for a seller’s certificate of authority, showing:

(a) The proposed seller’s name and address, and his occupations

during the preceding 5 years;

(b) The name and address of the proposed trustee;

specifying what particular services, supplies and equipment each

performer is to furnish under the proposed prepaid contract; and

(d) Such other pertinent information as the Commissioner may

reasonably require.

2. The application must be accompanied by:

(a) A copy of the proposed trust agreement and a written

statement signed by an authorized officer of the proposed trustee to

the effect that the proposed trustee understands the nature of the

proposed trust fund and accepts it;

(b) A copy of each contract or understanding, existing or

proposed, between the seller and performers relating to the proposed

prepaid contract or items to be supplied under it;

bylaws of any corporate applicant;

(d) A copy of any other document relating to the proposed

seller, trustee, trust, performer or prepaid contract, as required by

the Commissioner;

(e) A complete set of his fingerprints and written permission

authorizing the Commissioner to forward those fingerprints to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report;

(f) A fee representing the amount charged by the Federal Bureau

of Investigation for processing the fingerprints of the applicant; and

(g) The applicable fee established in NRS 680B.010, which is

not refundable.

Sec. 56. NRS 689.235 is hereby amended to read as follows:

689.235 1. To qualify for an agent’s license, the applicant:

(a) Must file a written application with the Commissioner on

forms prescribed by the Commissioner;

(b) Must have a good business and personal reputation; and

or nolo contendere to, forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to defraud or

any crime involving moral turpitude.

2. The application must:

(a) Contain information concerning the applicant’s identity,

address, social security number and personal background and

business, professional or work history.

(b) Contain such other pertinent information as the

Commissioner may require.

applicant and written permission authorizing the Commissioner to

forward those fingerprints to the Central Repository for Nevada

Records of Criminal History for submission to the Federal Bureau

of Investigation for its report.

(d) Be accompanied by a fee representing the amount charged

by the Federal Bureau of Investigation for processing the

fingerprints of the applicant.

(e) Be accompanied by the statement required pursuant to

NRS 689.258.

(f) Be accompanied by the applicable fee established in NRS

680B.010, which is not refundable.

3. A conviction of, or plea of guilty or nolo contendere by, an

applicant or licensee for any crime listed in paragraph (c) of

subsection 1 is a sufficient ground for the Commissioner to deny a

license to the applicant, or to suspend or revoke the agent’s license

pursuant to NRS 689.265.

Sec. 57. NRS 689.490 is hereby amended to read as follows:

689.490 1. The proposed seller, or the appropriate corporate

officer of the seller, shall apply in writing to the Commissioner for a

seller’s permit, showing:

(a) The proposed seller’s name and address and his occupations

during the preceding 5 years;

(b) The name and address of the proposed trustee;

specifying what particular services, supplies and equipment each

performer is to furnish under the proposed prepaid contract; and

(d) Such other pertinent information as the Commissioner may

reasonably require.

2. The application must be accompanied by:

(a) A copy of the proposed trust agreement and a written

statement signed by an authorized officer of the proposed trustee to

the effect that the proposed trustee understands the nature of the

proposed trust fund and accepts it;

(b) A copy of each contract or understanding, existing or

proposed, between the seller and performers relating to the proposed

prepaid contract or items to be supplied under it;

bylaws of any corporate applicant;

(d) A copy of any other document relating to the proposed

seller, trustee, trust, performer or prepaid contract, as required by

the Commissioner;

(e) A complete set of his fingerprints and written permission

authorizing the Commissioner to forward those fingerprints to the

Central Repository for Nevada Records of Criminal History for

submission to the Federal Bureau of Investigation for its report;

(f) A fee representing the amount charged by the Federal Bureau

of Investigation for processing the fingerprints of the applicant; and

(g) The applicable fee established in NRS 680B.010, which is

not refundable.

Sec. 58. NRS 689.520 is hereby amended to read as follows:

689.520 1. To qualify for an agent’s license, the applicant:

(a) Must file a written application with the Commissioner on

forms prescribed by the Commissioner; and

(b) Must not have been convicted of, or entered a plea of guilty

or nolo contendere to, forgery, embezzlement, obtaining money

under false pretenses, larceny, extortion, conspiracy to defraud or

any crime involving moral turpitude.

2. The application must:

(a) Contain information concerning the applicant’s identity,

address, social security number, personal background and business,

professional or work history.

(b) Contain such other pertinent information as the

Commissioner may require.

written permission authorizing the Commissioner to forward those

fingerprints to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation for its report.

(d) Be accompanied by a fee representing the amount charged

by the Federal Bureau of Investigation for processing the

fingerprints of the applicant.

(e) Be accompanied by the statement required pursuant to

NRS 689.258.

(f) Be accompanied by the applicable fee established in NRS

680B.010, which is not refundable.

3. A conviction of, or plea of guilty or nolo contendere by, an

applicant or licensee for any crime listed in paragraph (b) of

subsection 1 is a sufficient ground for the Commissioner to deny a

license to the applicant, or to suspend or revoke the agent’s license

pursuant to NRS 689.535.

Sec. 59. NRS 692B.070 is hereby amended to read as follows:

692B.070 1. A written application for any permit required

under NRS 692B.040 must be filed with the Commissioner. The

application must include or be accompanied by:

(a) The name, type and purposes of the insurer, corporation,

syndicate, association, firm or organization formed or proposed to

be formed or financed;

(b) [The name, residence address, business background and

experience for the preceding 10 years and qualifications of]On

forms furnished by the Commissioner, for each person associated

or to be associated as incorporator, director, promoter, manager or in

other similar capacity in the enterprise, or in the formation of the

proposed insurer, corporation, syndicate, association, firm or

organization, or in the proposed financing[, together with the

fingerprints of each individual so associated or to be associated, on

forms furnished by the Commissioner ;] :

(1) His name, residential address and qualifications;

(2) His business background and experience for the

preceding 10 years; and

(3) A complete set of his fingerprints which the

Commissioner may forward to the Central Repository for Nevada

Records of Criminal History for submission to the Federal Bureau

of Investigation for its report;

and agreements existing or proposed among any persons or entities

so associated or to be associated, and a copy of each such

agreement;

(d) Executed quadruplicate originals of the articles of

incorporation of a proposed domestic stock or mutual insurer;

(e) The original and one copy of the proposed bylaws of a

proposed domestic stock or mutual insurer;

(f) The plan according to which solicitations are to be made and

a reasonably detailed estimate of all organization and sales expenses

to be incurred in the proposed organization and offering;

(g) A copy of any security, receipt or certificate proposed to be

offered, and a copy of any proposed subscription agreement or

application therefor;

(h) A copy of any prospectus, offering circular, advertising or

sales literature or material proposed to be used;

(i) A copy of the proposed form of any escrow agreement

required;

(j) A copy of:

(1) The articles of incorporation of any corporation, other

than a proposed domestic insurer, proposing to offer its securities,

certified by the public officer having custody of the original thereof;

(2) Any syndicate, association, firm, organization or other

similar agreement, by whatever name called, if funds for any of the

purposes referred to in subsection 1 of NRS 692B.040 are to be

secured through the sale of any security, interest or right in or

relative to such syndicate, association, firm or organization; and

(3) If the insurer is, or is to be, a reciprocal insurer, the

power of attorney and of other agreements existing or proposed

affecting subscribers, investors, the attorney in fact or the insurer;

(k) If the applicant is a natural person, the statement required

pursuant to NRS 692B.193; and

(l) Such additional pertinent information as the Commissioner

may reasonably require.

2. The application must be accompanied by a deposit of the

fees required under NRS 680B.010 for the filing of the application

and for issuance of the permit, if granted.

3. If the applicant is a natural person, the application must

include the social security number of the applicant.

4. In lieu of a special filing thereof of information required by

subsection 1, the Commissioner may accept a copy of any pertinent

filing made with the Securities and Exchange Commission relative

to the same offering.

Sec. 60. NRS 692B.190 is hereby amended to read as follows:

692B.190 1. No person may in this state solicit subscription

to or purchase of any security covered by a solicitation permit issued

under this chapter, unless then licensed therefor by the

Commissioner.

2. Such a license may be issued only to natural persons, and the

Commissioner shall not license any person found by him to be:

(a) Dishonest or untrustworthy;

(b) Financially irresponsible;

(d) For any other cause, reasonably unsuited for fulfillment of

the responsibilities of such a licensee.

3. The applicant for such a license must file his written

application therefor with the Commissioner, on forms and

containing inquiries as designated and required by the

Commissioner. The application must include [the]or be

accompanied by:

(a) The social security number of the applicant [and be

endorsed];

(b) An endorsement by the holder of the permit under which the

securities are proposed to be sold[. The application must be

accompanied by];

furnished by the Commissioner [, and by the] ; and

(d) The application fee specified in NRS 680B.010.

4. The Commissioner [shall]:

(a) May forward the complete set of fingerprints to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation for its report; and

(b) Shall promptly cause an investigation to be made of the

identity and qualifications of the applicant.

[4.]5. The license, if issued, must be for the period of the

permit, and must automatically be extended if the permit is

extended.

[5.]6. The Commissioner shall revoke the license if at any

time after issuance he has found that the license was obtained

through misrepresentation or concealment of facts, or that the

licensee is no longer qualified therefor, or that the licensee has

misrepresented the securities offered, or has otherwise conducted

himself in or with respect to transactions under the license in a

manner injurious to the permit holder or to subscribers or prospects

or the public.

[6.]7. This section does not apply to securities broker-dealers

registered as such under the Securities Exchange Act of 1934, or

with respect to securities the sale of which is underwritten, other

than on a best efforts basis, by such a broker-dealer.

[7.] 8. With respect to solicitation of subscriptions to or

purchase of securities covered by a solicitation permit issued by the

Commissioner, the license required by this section is in lieu of a

license or permit otherwise required of the solicitor under any other

law of this state.

Sec. 61. NRS 697.180 is hereby amended to read as follows:

697.180 1. A written application for a license as a bail agent,

general agent, bail enforcement agent or bail solicitor must be filed

with the Commissioner by the applicant, accompanied by the

applicable fees. The application form must [include] :

(a) Include the social security number of the applicant [and be]

;

(b) Be accompanied by a complete set of the applicant’s

fingerprints [, and must require] which the Commissioner may

forward to the Central Repository for Nevada Records of Criminal

History for submission to the Federal Bureau of Investigation for

its report; and

determine the applicant’s:

[(a)](1) Identity and residence.

[(b)](2) Business record or occupations for not less than the 2

years immediately preceding the date of the application, with the

name and address of each employer, if any.

[(c)](3) Prior criminal history, if any.

2. The Commissioner may require the submission of such other

information as may be required to determine the applicant’s

qualifications for the license for which he applied.

3. The applicant must verify his application. An applicant for a

license under this chapter shall not knowingly misrepresent or

withhold any fact or information called for in the application form

or in connection therewith.

Sec. 62. NRS 706.8841 is hereby amended to read as follows:

706.8841 1. The Administrator shall issue a driver’s permit

to qualified persons who wish to be employed by certificate holders

as taxicab drivers. Before issuing a driver’s permit, the

Administrator shall:

(a) Require the applicant to submit a complete set of his

fingerprints [, which must be forwarded] which the Administrator

may forward to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation to ascertain whether the applicant has a criminal

record and the nature of any such record, and shall further

investigate the applicant’s background; and

(b) Require proof that the applicant:

(1) Has been a resident of the State for 30 days before his

application for a permit;

(2) Can read and orally communicate in the English

language; and

(3) Has a valid license issued under NRS 483.325 which

authorizes him to drive a taxicab in this state.

2. The Administrator may refuse to issue a driver’s permit if

the applicant has been convicted of:

(a) A felony, other than a felony involving any sexual offense,

in this state or any other jurisdiction within 5 years before the date

of the application;

(b) A felony involving any sexual offense in this state or any

other jurisdiction at any time before the date of the application; or

other jurisdiction that prohibits the same or similar conduct within 3

years before the date of the application.

3. The Administrator may refuse to issue a driver’s permit if

the Administrator, after the background investigation of the

applicant, determines that the applicant is morally unfit or if the

issuance of the driver’s permit would be detrimental to public

health, welfare or safety.

4. A taxicab driver shall pay to the Administrator, in advance,

$20 for an original driver’s permit and $5 for a renewal.

Sec. 63. NRS 179A.065 and 179B.120 are hereby repealed.

Sec. 64. This act becomes effective upon passage and

approval.

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