(Reprinted with amendments adopted on April 21, 2003)

 

Senate Bill No. 457–Committee on Human
Resources and Facilities

 

March 24, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Prohibits use of false or misleading educational credentials. (BDR 34‑1311)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 education; prohibiting under certain circumstances the use or attempted use of a false or misleading educational credential; 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:

 

1-1  Section 1. Chapter 394 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  It is unlawful for a person knowingly to use or attempt to

1-4  use a false or misleading educational credential in connection

1-5  with any education, business, employment, occupation, profession,

1-6  trade or public office.

1-7  2.  For the purposes of this section, an educational credential

1-8  is false or misleading if it:

1-9  (a) States or suggests that the person named in the credential

1-10  has completed the requirements of an academic or professional

1-11  program of study in a particular field of endeavor beyond the

1-12  secondary school level and the person has not, in fact, completed

1-13  the requirements of the program of study;

1-14      (b) Is offered as his own by a person other than the person

1-15  who completed the requirements of the program of study; or

1-16      (c) Is given in violation of NRS 394.630.

 

2-1  Sec. 2.  NRS 394.125 is hereby amended to read as follows:

2-2  394.125  It is the policy of this state to encourage and enable its

2-3  [citizens] residents to receive an education commensurate with their

2-4  respective talents and desires. The Legislature recognizes that

2-5  privately owned institutions offering elementary, secondary and

2-6  postsecondary education and vocational and professional instruction

2-7  perform a necessary service to the [citizens] residents of this state. It

2-8  is the purpose of this chapter to provide for the protection, education

2-9  and welfare of the [citizens] residents of the State of Nevada, its

2-10  educational, vocational and professional institutions, and its

2-11  students, by:

2-12      1.  Establishing minimum standards concerning quality of

2-13  education, ethical and business practices, health and safety, and

2-14  fiscal responsibility, to protect against substandard, transient,

2-15  unethical, deceptive or fraudulent institutions and practices;

2-16      2.  Prohibiting the granting or use of false or misleading

2-17  educational credentials;

2-18      3.  Regulating the use of academic terminology in naming or

2-19  otherwise designating educational institutions;

2-20      4.  Prohibiting misleading literature, advertising, solicitation or

2-21  representation by educational institutions or their agents;

2-22      5.  Providing for the preservation of essential academic records;

2-23  and

2-24      6.  Providing certain rights and remedies to the consuming

2-25  public and the Commission and the Board necessary to effectuate

2-26  the purposes of this chapter.

2-27      Sec. 3.  NRS 394.620 is hereby amended to read as follows:

2-28      394.620  As used in NRS 394.620 to 394.670, inclusive[:] ,

2-29  and section 1 of this act:

2-30      1.  “Degree” means any statement, diploma, certificate or other

2-31  writing in any language which indicates or represents, or which is

2-32  intended to indicate or represent, that the person named thereon is

2-33  learned in or has satisfactorily completed the requirements of an

2-34  academic or professional program of study in a particular field of

2-35  endeavor beyond the secondary school level as a result of formal

2-36  preparation or training.

2-37      2.  “Honorary degree” means any statement, diploma,

2-38  certificate or other writing in any language which indicates or

2-39  represents, or which is intended to indicate or represent, that the

2-40  person named thereon is learned in any field of public service or has

2-41  performed outstanding public service or that the person named

2-42  thereon has demonstrated proficiency in a field of endeavor without

2-43  having completed formal courses of instruction or study or formal

2-44  preparation or training.

 

3-1  Sec. 4.  NRS 394.650 is hereby amended to read as follows:

3-2  394.650  Any person, including, without limitation, any firm,

3-3  partnership, corporation, association or [any] other organization ,

3-4  which violates any [of the provisions] provision of NRS 394.620 to

3-5  394.640, inclusive, and section 1 of this act is liable for a civil

3-6  penalty not to exceed $2,500 for each violation, which [shall] may

3-7  be recovered in a civil action[,] brought in the name of the State of

3-8  Nevada by the Attorney General or by any district attorney in a

3-9  court of competent jurisdiction. As used in this section, “each

3-10  violation” includes, as a single violation, a continuous or repetitive

3-11  violation arising out of the same act.

3-12      Sec. 5.  NRS 394.660 is hereby amended to read as follows:

3-13      394.660  The Attorney General or any district attorney may

3-14  bring an action in any court of competent jurisdiction, either as a

3-15  part of any action brought pursuant to NRS 394.650 or as a separate

3-16  action, to enjoin [any] a violation of [the provisions] any provision

3-17  of NRS 394.620 to 394.640, inclusive[.] , and section 1 of this act.

3-18      Sec. 6.  NRS 394.670 is hereby amended to read as follows:

3-19      394.670  Every person who violates any [of the provisions]

3-20  provision of NRS 394.620 to 394.640, inclusive, and section 1 of

3-21  this act is guilty of a gross misdemeanor. Each day’s violation is a

3-22  separate offense.

3-23      Sec. 7.  NRS 205.420 is hereby amended to read as follows:

3-24      205.420  Every person who [shall conduct] conducts any

3-25  business or [perform] performs any act under color of, or [file] files

3-26  for record with any public officer, any false or fraudulent permit,

3-27  license [, diploma] or writing, or any permit, license [, diploma] or

3-28  writing not lawfully belonging to [such] that person, or who [shall

3-29  obtain] obtains any permit, license, diploma or writing by color or

3-30  aid of any false representation, pretense, personation, token or

3-31  writing, [shall be] is guilty of a gross misdemeanor.

3-32      Sec. 8.  This act becomes effective on July 1, 2003.

 

3-33  H