Assembly Bill No. 419–Assemblymen Pierce, Ohrenschall, Manendo, Parks, Koivisto, Anderson, Arberry, Atkinson, Buckley, Chowning, Collins, Conklin, Geddes, Goicoechea, Goldwater, Grady, Horne, Leslie, McClain, McCleary, Mortenson, Oceguera, Sherer and Weber

 

CHAPTER..........

 

AN ACT relating to property; providing that a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ a person to perform work on the premises unless the person has a work card issued by the sheriff of the county; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 118A of NRS is hereby amended by

adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 4, a landlord of

dwelling units intended and operated exclusively for persons 55

years of age and older may not employ any person who will work

36 hours or more per week and who will have access to all

dwelling units to perform work on the premises unless the person

has obtained a work card issued pursuant to subsection 2 by the

sheriff of the county in which the dwelling units are located and

renewed that work card as necessary.

    2.  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:

    (a) Every 5 years; and

    (b) Whenever the person changes his employment to perform

work for an employer other than the employer for which his

current work card was issued.

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

card to be investigated:

    (a) The applicant must submit with his application a complete

set of his fingerprints and written permission authorizing the

sheriff 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.

    (b) The sheriff may submit the fingerprints to the Central

Repository for Nevada Records of Criminal History for submission

to the Federal Bureau of Investigation to determine the criminal

history of the applicant.

    (c) The sheriff shall issue a temporary work card pending the

determination of the criminal history of the applicant by the

Federal Bureau of Investigation.

    4.  The following persons are not required to obtain a work

card pursuant to this section:

    (a) A person who holds a permit to engage in property

management pursuant to chapter 645 of NRS.

    (b) An independent contractor. As used in this paragraph,

“independent contractor” means a person who performs services

for a fixed price according to his own methods and without

subjection to the supervision or control of the landlord, except as

to the results of the work, and not as to the means by which the

services are accomplished.

    (c) An offender in the course and scope of his employment in a

work program directed by the warden, sheriff, administrator or

other person responsible for administering a prison, jail or other

detention facility.

    (d) A person performing work through a court-assigned

restitution or community-service program.

    Sec. 2.  Notwithstanding the provisions of section 1 of this act,

a person who was employed by a landlord to perform work on the

premises before October 1, 2003, who works 36 hours or more per

week and who has access to all dwelling units must obtain a work

card issued pursuant to section 1 of this act before January 1, 2004.

 

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