Assembly Bill No. 505–Committee on Education

 

(On Behalf of the Commission on
Postsecondary Education)

 

March 24, 2003

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions. (BDR 34‑478)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to postsecondary education; revising provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 394.465 is hereby amended to read as follows:

1-2  394.465  1.  Except as otherwise provided in subsection [4,] 3,

1-3  before a postsecondary educational institution employs or contracts

1-4  with a person:

1-5  (a) To occupy an instructional position;

1-6  (b) To occupy an administrative or financial position, including

1-7  a position as school director, personnel officer, counselor, admission

1-8  representative, solicitor, canvasser, surveyor, financial aid officer or

1-9  any similar position; or

1-10      (c) To act as an agent for the institution,

1-11  the applicant must submit to the Administrator completed

1-12  fingerprint cards and a form authorizing an investigation of the

2-1  applicant’s background and the submission of a complete set of his

2-2  fingerprints to the Central Repository for Nevada Records of

2-3  Criminal History [and] for its report and for submission to the

2-4  Federal Bureau of Investigation[.] for its report. The fingerprint

2-5  cards and authorization form submitted must be those which are

2-6  provided to the applicant by the Administrator. The applicant’s

2-7  fingerprints must be taken by an agency of law enforcement.

2-8  2.  [The Administrator shall keep the results of the investigation

2-9  confidential, except that if the investigation discloses that the

2-10  applicant has been convicted of any felony, the Administrator shall

2-11  notify the applicant and the hiring institution of the conviction and

2-12  the nature of the offense.

2-13      3.] The applicant [shall] must pay the cost of the investigation.

2-14      [4.] 3.  An applicant is not required to satisfy the requirements

2-15  of subsection 1 if he:

2-16      (a) Is licensed by the Superintendent ; [of Public Instruction;]

2-17      (b) Is an employee of the United States Department of Defense;

2-18      (c) Is a member of the faculty of an accredited postsecondary

2-19  educational institution in another state who is domiciled in a state

2-20  other than Nevada and is present in Nevada for a temporary period

2-21  to teach at a branch of that accredited institution; or

2-22      (d) Has satisfied the requirements of subsection 1 within the

2-23  immediately preceding 5 years.

2-24      Sec. 2.  This act becomes effective upon passage and approval.

 

2-25  H