Nevada 2017 Regular Session Status: Enacted 5 D cosponsors

AB 384 — Revises provisions governing the consideration of the criminal history of an applicant for employment by the State or a county, city or unincorporated town. (BDR 23-33)

Last action — Approved by the Governor. Chapter 340.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 26 sponsors

    10 primary, 16 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

580 added · 609 removed

580 line(s) added, 609 removed.

→
Previous
Latest
(Reprinted with amendments adopted on May 25, 2017) SECOND REPRINT A.B.
Assembly Bill No.
384 ASSEMBLY B ILL NO.
384–Assemblymen Thompson, McCurdy II, Flores, Araujo, Carrillo;
384–ASSEMBLYMEN THOMPSON , MC CURDY II, LORES , ARAUJO, C ARRILLO;
Bilbray-Axelrod, Brooks, Bustamante Adams, Carlton, Daly, Frierson, Fumo, Miller, Monroe-Moreno, Neal, Ohrenschall, Sprinkle and Yeager Joint Sponsors:
BILBRAY- AXELROD , BROOKS , BUSTAMANTE ADAMS , C ARLTON, DALY , FRIERSON, FUMO , M ILLER, MONROE -M ORENO, NEAL, OHRENSCHALL , PRINKLE ANDY EAGER M ARCH 20, 2017 ____________ JOINT SPONSORS:
Senators Ford, Atkinson, Spearman, Cancela, Parks;
ENATORS F ORD, TKINSON , PEARMAN , C ANCELA, ARKS ;
Denis, Segerblom and Woodhouse CHAPTER..........
ENIS, EGERBLOM AND WOODHOUSE ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the consideration of the criminal history of an applicant for employment by the State or a county, city or unincorporated town.
(BDR 23-33) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
providing that, except in certain circumstances, the criminal history of a person may serve as the basis for the Administrator offer of employment in the unclassified or classified service ofonal the State only after consideration of certain factors relating to the criminal history of the person;
providing that, except in certain circumstances, the criminal history of a person may serve as the basis for the Administrator to refuse to certify an applicant or for rescission of a conditional offer of employment in the unclassified or classified service of the State only after consideration of certain factors relating to the criminal history of the person;
establishing similar provisions relating to the consideration by the governing body of a county, incorporated city or unincorporated town of the criminal history of an applicant for employment by a county, incorporated city or unincorporated town;
establishing governingrovibodys rofatiag county,conincorporatedy tcity or unincorporated town of the criminal history of an applicant for employment by a county, incorporated city or unincorporated town;
authorizing the filing of a complaint with the Nevada Equal Rights matters properly relating thereto.nces;
authorizing the filing of a complaint with the Nevada Equal Rights Commission under certain circumstances;
and providing other - *AB384_R2* – 2 – Legislative Counsel’s Digest:
and providing other matters properly relating thereto.
unclassified service of the State.
Legislative Counsel’s Digest:
Existing law further establishes the duties of the Administrator of the Division of Human Resource Management of the Department of Administration with regard to administering competitive examinations of persons seeking employment in the classified service of the State and maintaining a list of eligible persons for employment in the classified service.
Existing law governs generally the employment of persons in the classified and unclassified service of the State.
(Chapter 284 of NRS) Under existing law, the Administrator may refuse to examine an applicant or refuse to certify an eligible person if the person has been found guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.
Existing law further establishes the duties of the of Administration with regard to administering competitive examinations ofnt persons seeking employment in the classified service of the State and maintaining a list of eligible persons for employment in the classified service.
(NRS 284.240) Section 2 of this bill provides, with exceptions, that the criminal history of an unclassified service of the State may be considered only after the earliest of:
(Chapter 284 of NRS) Under existing law, the Administrator may refuse to examine an applicant or refuse to certify an eligible person if the person has been found guilty of any crime (NRS 284.240)al turpitude or of infamous or notoriously disgraceful conduct.
- 79th Session (2017) – 2 – Section 2 of this bill provides, with exceptions, that the criminal history of an applicant or other qualified person under consideration for employment in the unclassified service of the State may be considered only after the earliest of:
Section 3 of this bill prohibits the Administrator from considering the criminal history of an applicant in examining the applicant.
Section 3 of this bill prohibits the the applicant.
Sections 2 and 3 set Administrator before the criminal history of an applicant may be used as the basis for rescinding a conditional offer of employment or for rejection of the applicant, including:
Sections 2 and 3 set forth specific factors that must be considered by an appointing authority or the Administrator before the criminal history of an applicant may be used as the basis for rescinding a conditional offer of employment or for rejection of the applicant, including:
Sections 5, 6 and 6.3 of this bill establish similar provisions relating to the consideration by respectively, of the criminal history of an applicant for employment by the county, incorporated city or unincorporated town.
Sections 5, 6 and 6.3 of this bill establish similar provisions relating to the consideration by the governing body of a county, incorporated city or unincorporated town, incorporated city or unincorporated town.
Sections 2, 3, 5, 6 and 6.3 also prohibit the appointing authority or the governing body of a county, incorporated city or unincorporated town from considering authority or the governing body of a county, incorporated city or unincorporatedg town to include certain information in an application for employment.
Sections 2, 3, 5, 6 and 6.3 also prohibit the appointing authority or the governing body of a county, incorporated city or unincorporated town from considering certain criminal records.
Sections 2, 3, 5, 6 and 6.3 also require the appointing authority or the governing body of a county, incorporated city or unincorporated town to include certain information in an application for employment.
Existing law declares certain employment practices to be unlawful and authorizes any person injured by such a practice to file a complaint with the Nevada Equal Rights Commission.
authorizes any person injured by such a practice to file a complaint with the Nevada Equal Rights Commission.
Generally, the Commission has jurisdiction only over - *AB384_R2* – 3 – practices involving discrimination on the basis of race, color, sex and certain other enumerated characteristics.
Generally, the Commission has jurisdiction only over practices involving discrimination on the basis of race, color, sex and certain other enumerated characteristics.
(NRS 613.330, 613.405) Section 6.5 of this bill 6.3 and fails to follow the procedure required by those sections in considering the or criminal history of an applicant for employment thereby engages in an unlawful employment practice.
(NRS 613.330, 613.405) Section 6.5 of this bill provides that an employer that is subject to the requirements of section 2, 3, 5, 6 or 6.3 and fails to follow the procedure required by those sections in considering the criminal history of an applicant for employment thereby engages in an unlawful employment practice.
- 79th Session (2017) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
or (c) If applicable, the applicant has been certified by the Administrator.
or (c) If applicable, the applicant has been certified by the Adm2.istAn appointing authority may, before examining an applicant or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
2.
An appointing authority may, before examining an applicant or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
- *AB384_R2* – 4 – (c) The age of the person at the time of the commission of each criminal offense;
(c) The age of the person at the time of the commission of each criminal offense;
and (e) Any information or documentation demonstrating the person’s rehabilitation.
and - 79th Session (2017) – 4 – (e) Any information or documentation demonstrating the person’s rehabilitation.
An appointing authority shall not consider any of the following criminal records in connection with an application for employment:
An appointing authority shall not consider any of the following criminal records in connection with an application for emp(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(3) The severity and nature of the offense;
Show all 94 changed rows (54 more)
Previous
Latest
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a - *AB384_R2* – 5 – particular position because of the particular criminal history of the person:
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person:
(a) The Administrator shall not consider the criminal history of an applicant in examining the applicant.
- 79th Session (2017) – 5 – (a) The Administrator shall not consider the criminal history of an applicant in examining the applicant.
(1) The final interview conducted in person;
(b) The nature and severity of each criminal offense charged against the person or committed by the person;
(b) The nature and severity of each criminal offense charged aga(c) The age of the person at the time of the commission of each criminal offense;
(c) The age of the person at the time of the commission of each criminal offense;
or - *AB384_R2* – 6 – (c) An infraction or misdemeanor for which a sentence of imprisonment in a county jail was not imposed.
or - 79th Session (2017) – 6 – (c) An infraction or misdemeanor for which a sentence of imprisonment in a county jail was not imposed.
If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of a conditional offer of employment must:
If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment must:
(a) Be made in writing;
rejection or rescission of a conditional offer of (a) Be made in writing;
or (b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
or or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
4.] Has been dismissed from the public service for delinquency or misconduct.
- 79th Session (2017) – 7 – 4.] Has been dismissed from the public service for delinquency or misconduct.
- *AB384_R2* – 7 – [5.] 4.
[5.] 4.
Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of or in connection with, the examination, appointment or proposed appointment of the applicant or eligible person.
Has, directly or indirectly, given, rendered or paid, or valuable thing to any person for, or on account of or in connection with, the examination, appointment or proposed appointment of the applicant or eligible person.
The board of county commissioners, a county officer or any other person acting on behalf of a county may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
The board of county commissioners, a county officer or any other person acting on behalf of a county may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a par3.culUnless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the board of county commissioners, a county officer or any other person acting on behalf of a county may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
3.
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the board of county commissioners, a county officer or any other person acting on behalf of a county may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
(b) The nature and severity of each criminal offense charged against the applicant or committed by the applicant;
- 79th Session (2017) – 8 – (b) The nature and severity of each criminal offense charged against the applicant or committed by the applicant;
- *AB384_R2* – 8 – (d) The period between the commission of each criminal offense and the date of the application for employment;
offense and the date of the application for employment;
and (c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of the department of human resources of the county or a person designated by the director.
and (c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of designated by the director.ources of the county or a person 6.
6.
7.
- 79th Session (2017) – 9 – 7.
or (b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
or (b) In any position that entails physical access to a computer Information System or the National Crime Information Center.stice Sec.
- *AB384_R2* – 9 – Sec.
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the governing body or a city officer may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the governing body or a city officer may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal previous 6 months or has been convicted of a criminal offense only after considering:
4.
- 79th Session (2017) – 10 – 4.
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(a) Except as otherwise provided in subsection 3, an arrest of the(b) A record of conviction which was dismissed, expunged or sealed;
(b) A record of conviction which was dismissed, expunged or sealed;
- *AB384_R2* – 10 – 5.
5.
(2) The age of the applicant at the time of the offense;
the offense;
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the criminal history of an applicant for employment by an unincorporated town may be considered only after the earlier of:
Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular - 79th Session (2017) – 11 – position because of the particular criminal history of the person, the criminal history of an applicant for employment by an unincorporated town may be considered only after the earlier of:
or (b) The unincorporated town has extended to the applicant a conditional offer of employment.
or conditional offer of employment.as extended to the applicant a 2.
2.
The town board, the board of county commissioners or any other person acting on behalf of an unincorporated town may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
The town board, the board of county commissioners or any other person acting on behalf of an unincorporated town may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that - *AB384_R2* – 11 – disqualifies a person with a particular criminal history from employment in a particular position.
(c) The age of the applicant at the time of the commission of each offense;
each offense;e of the applicant at the time of the commission of (d) The period between the commission of each criminal offense and the date of the application for employment;
(d) The period between the commission of each criminal offense and the date of the application for employment;
or (c) An infraction or misdemeanor in which a sentence of imprisonment in a county jail was not imposed.
or - 79th Session (2017) – 12 – (c) An infraction or misdemeanor in which a sentence of imprisonment in a county jail was not imposed.
If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of the offer of employment must:
If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment must:
(a) Be made in writing;
rejection or rescission of the offer of (a) Be made in writing;
- *AB384_R2* – 12 – 6.
6.
This section does not apply to any applicant for employment:
This section does not apply to any applicant for emp(a) As a peace officer or firefighter;
(a) As a peace officer or firefighter;
or (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.
or - 79th Session (2017) – 13 – (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual origin.tion, gender identity or expression, age, disability or national 2.
2.
- *AB384_R2* – 13 – (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person’s employment opportunities or otherwise adversely affect the person’s status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person’s employment opportunities or otherwise adversely affect the person’s status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, dis(c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.
or (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.
Except as otherwise provided in subsection 6, it is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.
Except as otherwise provided in subsection 6, it is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, - 79th Session (2017) – 14 – directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.
It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee’s service animal with him or her at all times in his or her place of employment, except that an employer may refuse to permit an employee to keep a service animal that is a miniature horse with him or her if the employer determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R.
It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee’s service animal with him or her at all times in his or her place of employment, except that an employer may refuse to permit an employee to keep a service animal that is a miniature horse with him or her if the employer determines that it is not reasonable to comply, using the assessment factors set forth in C.F.R.
7.
authority governed by the provisions of chapter 284 of NRS, the Administrator of the Division of Human Resource Management of the Department of Administration or the governing body of a county, incorporated city or unincorporated town to consider the criminal history of an applicant for employment without following the procedure required in section 2, 3, 5, 6 or 6.3 of this act, as applicable.
It is an unlawful employment practice for an appointing authority governed by the provisions of chapter 284 of NRS, the Administrator of the Division of Human Resource Management of the Department of Administration or the governing body of a county, incorporated city or unincorporated town to consider the criminal history of an applicant for employment without following the procedure required in section 2, 3, 5, 6 or 6.3 of this act, as applicable.
8.
- *AB384_R2* – 14 – 8.
613.405 [Any] injured by an unlawful employment practice within the scope ofn NRS 613.310 to 613.435, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
613.405 [Any] 1.
Except as otherwise provided in subsection 2, any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.435, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
H - *AB384_R2*
17 ~~~~~ - 79th Session (2017)
⬇ Download PDF
View plain text versions (4)

Action History

  1. Approved by the Governor. Chapter 340.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 952 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 12, Nays: 9.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 952.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 27, Nays: 15.) To Senate.

  13. From printer. To engrossment. Engrossed. First reprint .

  14. Read second time. Amended. (Amend. No. 364.) To printer.

  15. Placed on Second Reading File.

  16. From committee: Amend, and do pass as amended.

  17. From printer. To committee.

  18. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

10 sponsors · 16 co-sponsors · 41 not signed on

Sponsors (10)

Co-sponsors (16)

Not signed on (41)

41 members have not signed on to this bill.

Show all 41 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 384?
AB 384 is sponsored by Skip Daly, Neal, Dina (Democratic), Monroe-Moreno, Daniele (Democratic), Cancela, Parks, Ford, Sprinkle, Ohrenschall, James (Democratic), Denis, Miller, Brittney M. (Democratic), Yeager, Steve (Democratic), Flores, BustamanteAdams, Chris Brooks, William McCurdy II, Jason Frierson, Tyrone Thompson, Pat Spearman, Maggie Carlton, Shannon Bilbray-Axelrod, Joyce Woodhouse, Kelvin Atkinson, Richard Carrillo, Ozzie Fumo, Tick Segerblom, and Nelson Araujo.
What is the current status of AB 384?
This bill has been enacted into law. Introduced March 20, 2017. Enacted.
Where can I track AB 384?
Track AB 384 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 384

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 384

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →