AB 417 — Revises provisions governing the dissemination of certain records of criminal history to certain persons by the Central Repository for the Nevada Records of Criminal History. (BDR 14-714)

(ReprintedAssembly withBill amendmentsNo. adopted on May 23, 2019) SECOND REPRINT A.B.

417417–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

417–C OMMITTEE ON JUDICIARY M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing the dissemination of certain records of criminal history to certain persons by the Central Repository for the Nevada Records of Criminal History.

(BDR 14-714) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

has(NRS entered179A.103) intoExisting alaw contractauthorizes withan theemployment Centralscreening Repositoryservice towhich inquire about, obtain and provide those records of criminal history to the employer or volunteer organization.

(NRS 179A.103) This bill provides that a person who enters into a contract with a person, business or organization for certain services provided by an independent contractor, subcontractor or third party is an employer for the purpose of being employee pursuant to existing law.earch of records of criminal history of an -EXPLANATION *AB417_R2* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

An authorized participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment - 80th Session (2019) – 2 – or the suitability of the volunteer or prospective volunteer for volunteering.

An employee, prospective employee, volunteer or prospectivebased volunteersearch whomust isprovide proposedhis toor beher thewritten subjectconsent ofdirectly ato name-the authorized participant or, if the authorized participant is a to the screening service, directly to the eligible person designating the screening service to receive records of criminal history, for the Central Repository to perform the search and to release the information to an authorized participant.

[An employment] A screening service that is designated to receive records of criminal history on behalf of an [employer or volunteer organization] eligible person may provide such records of - *AB417_R2* – 3 – criminal history to the [employer or volunteer organization] eligible person upon request of the [employer or volunteer organization,] eligible person if the [employment] screening service maintains records of its dissemination of the records of criminal history.

The Central Repository may audit an authorized participant, at such times as the Central Repository deems necessary, to ensure that records of criminal history are securely maintained.maintained.to ensure 9.

9.

- 80th Session (2019) – 3 – (1) An employer.

(f) “Screening service” means a person or entity designated , directly or indirectly, by an [employer or volunteer organization] eligible person to provide employment or volunteer screening services to the [employer or volunteer organization.] eligible person.

- *AB417_R2* – 4 – (2) Completion of the form designated by the Central Repository pursuant to paragraph (a) of subsection 6;

or (3) Consent by means of mail, the Internet, other electronic means or other means pursuant to 15 U.S.C.

§ 1681b(b)(2), andronicand any regulations adopted pursuant thereto.

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