Senate Bill No. 228–Senator Hardy

 

March 3, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Exempts certain persons from provisions governing licensing of private investigators. (BDR 54‑876)

 

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 private investigators; exempting certain persons from the provisions governing the licensing of private investigators; 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 648.018 is hereby amended to read as follows:

1-2  648.018  1.  Except as to polygraphic examiners and interns,

1-3  this chapter does not apply:

1-4  [1.] (a) To any detective or officer belonging to the law

1-5  enforcement agencies of the State of Nevada or the United States, or

1-6  of any county or city of the State of Nevada, while the detective or

1-7  officer is engaged in the performance of his official duties.

1-8  [2.] (b) To special police officers appointed by the police

1-9  department of any city, county, or city and county within the State

1-10  of Nevada while the officer is engaged in the performance of his

1-11  official duties.

1-12      [3.] (c) To insurance adjusters and their associate adjusters

1-13  licensed pursuant to the Nevada Insurance Adjusters Law who are

1-14  not otherwise engaged in the business of private investigators.

1-15      [4.] (d) To any private investigator, private patrolman, process

1-16  server, dog handler or security consultant employed by an employer

1-17  regularly in connection with the affairs of that employer if a bona

2-1  fide employer-employee relationship exists, except as otherwise

2-2  provided in NRS 648.060, 648.140 and 648.203.

2-3  [5.] (e) To a repossessor employed exclusively by one employer

2-4  regularly in connection with the affairs of that employer if a bona

2-5  fide employer-employee relationship exists, except as otherwise

2-6  provided in NRS 648.060, 648.140 and 648.203.

2-7  [6.] (f) To a person engaged exclusively in the business of

2-8  obtaining and furnishing information as to the financial rating of

2-9  persons.

2-10      [7.] (g) To a charitable philanthropic society or association

2-11  incorporated under the laws of this state which is organized and

2-12  maintained for the public good and not for private profit.

2-13      [8.] (h) To an attorney at law in performing his duties as such.

2-14      [9.] (i) To a collection agency unless engaged in business as a

2-15  repossessor, licensed by the Commissioner of Financial Institutions,

2-16  or an employee thereof while acting within the scope of his

2-17  employment while making an investigation incidental to the

2-18  business of the agency, including an investigation of the location of

2-19  a debtor or his assets and of property which the client has an interest

2-20  in or lien upon.

2-21      [10.] (j) To admitted insurers and agents and insurance brokers

2-22  licensed by [the State,] this state performing duties in connection

2-23  with insurance transacted by them.

2-24      [11.] (k) To any bank organized pursuant to the laws of this

2-25  state or to any national bank engaged in banking in this state.

2-26      [12.] (l) To any person employed to administer a program of

2-27  supervision for persons who are serving terms of residential

2-28  confinement.

2-29      (m) To any person who acts as a customer or client of a

2-30  business, business organization or governmental entity for the

2-31  purpose of evaluating the service provided to customers or clients

2-32  by the employees of the business, business organization or

2-33  governmental entity, the operational procedures and cleanliness of

2-34  the business, business organization or governmental entity, and

2-35  the quality, availability and prices of the goods and services of the

2-36  business, business organization or governmental entity if:

2-37          (1) The person uses a questionnaire that is approved by the

2-38  business, business organization or governmental entity to record

2-39  those observations;

2-40          (2) The information included in the questionnaire is not

2-41  used as the sole basis to discipline or discharge an employee of the

2-42  business, business organization or governmental entity;

2-43          (3) The information included in the questionnaire is used to

2-44  provide training or incentives to employees of the business,

2-45  business organization or governmental entity;

3-1       (4) The person does not engage in any investigation or

3-2  observation of an employee of the business, business organization

3-3  or governmental entity to determine whether the employee has

3-4  committed a crime; and

3-5       (5) Except as otherwise provided in subsection 2, the

3-6  person:

3-7           (I) Is trained and certified by the Mystery Shopping

3-8  Providers Association or its successor organization;

3-9           (II) Enters into an agreement with the Mystery

3-10  Shopping Providers Association or its successor organization

3-11  requiring the person to comply with the professional standards

3-12  and ethics of the Mystery Shopping Providers Association or the

3-13  successor organization; and

3-14             (II) Is provided to the business, business organization or

3-15  governmental entity by a business that is a member of the Mystery

3-16  Shopping Providers Association or its successor organization, if

3-17  the business enters into an agreement with the Mystery Shopping

3-18  Providers Association or its successor organization requiring the

3-19  business to comply with the professional standards and ethics of

3-20  the Mystery Shopping Providers Association or the successor

3-21  organization.

3-22      2.  A person is not required to comply with the provisions of

3-23  subparagraph (5) of paragraph (m) of subsection 1 if:

3-24      (a) The Mystery Shopping Providers Association or its

3-25  successor organization ceases to exist; and

3-26      (b) At the time the person acts as a customer or client of the

3-27  business, business organization or governmental entity, no

3-28  organization exists that performs functions similar to the

3-29  functions performed by the Mystery Shopping Providers

3-30  Association or its successor organization.

3-31      Sec. 2.  This act becomes effective upon passage and approval.

 

3-32  H