SB 26 — Revises provisions authorizing certain entities to obtain information relating to the records of criminal history of certain persons responsible for the safety and well-being of children, elderly persons or persons with disabilities. (BDR 14-248)

S.B.Senate Bill No.

2626–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

26–COMMITTEE ON JUDICIARY (ON BEHALF OF THE R ECORDS , COMMUNICATIONS AND C OMPLIANCE D IVISION OF THE D EPARTMENT OF PUBLIC SAFETY ) P REFILED N OVEMBER 8, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions authorizing certain entities to obtain information relating to the records of criminal history of certain persons responsible for the safety and well-being of children, elderly persons or persons with disabilities.

(BDR 14-248) 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.

§ which40102(b)) aPursuant qualifiedto entitythat mayfederal obtainlaw, informationexisting relatingstate tolaw theestablishes recordsprocedures ofby criminaly history of employees, volunteers, persons applying to be an employee or volunteervolunteeral and covered individuals of the qualified entity who have access to children, elderly persons or persons with disabilities.

(NRS 179A.325) This bill revises those - *SB26* – 2 – procedures to allow a qualified entity to obtain such information concerning independent contractors and vendors of the qualified entity.

Existing federal law defines the term “covered individual” to include, among other persons, a person who is employed by or volunteers with, or seeks to bengbe employedeliminates byreferences set forth in existing state law to an employee, volunteer orl person applying to be an employee or volunteer with,of a qualified entity.entity that are duplicative of the definition of “covered individual” set forth in existing federal law.

(34EXPLANATION U.S.C.– Matter in bolded italics is new;

§matter 40104(9))between Thisbrackets bill[omitted eliminatesmaterial] referencesis setmaterial forth in existing state law to an employee, volunteer or person applying to be anomitted. employee or volunteer of a qualified entity that are duplicative of the definition of “covered individual” set forth in existing federal law.

(b)- Provide83rd writtenSession notification(2025) to– any2 person– being screened regarding the right of the person to obtain a copy of his or her background screening report, including, without limitation, any records of criminal history contained in the report, to appeal the results of the background screening report to challenge the accuracy and completeness of any information contained therein, and to obtain a determination as to the validity of such a challenge before the qualified entity makes a final determination as to the fitness of the person to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities.

2.request for screening [an employee, volunteer, person applying to bey an employee or volunteer or] a covered individual , independent contractor or vendor of the qualified entity who has supervised or unsupervised access to children, elderly persons or persons with disabilities by submitting the fingerprints of the person to the Central Repository for its report on the criminal history of the person and for forwarding to the Federal Bureau of Investigation for its report on the criminal history of the person.

AEach qualified entity shall submit to the Central Repository any request formust screening [an employee, volunteer, person applying to be anvoluntary employeeand orconform volunteer or] a covered individual , independent contractor or vendor of the qualified entity who has supervised or unsupervised access to children, elderly persons or persons with disabilities by submitting the fingerprintsrequirements ofestablished thein person to the CentralNational RepositoryChild forProtection itsAct report on the criminal history of the1993, personPublic andLaw for103-209, forwardingas toamended by the FederalVolunteers Bureau of Investigation for -Children *SB26*Act, –Public 3Law –105-251, itsU.S.C. report on the criminal history of the person.

Each request must be voluntary and conform to the requirements established in the National Child Protection Act of 1993, Public Law 103-209, as amended by the Volunteers for Children Act, Public Law 105-251, 34 U.S.C.

A request submitted pursuant to subsection 2 must be accompanied by the payment of a fee to the Central Repository as authorized by NRS 179A.140, plus the amount prescribed by the Federal Bureau of Investigation for its report on the criminal history of the person, in accordance with the provisions of 34 U.S.C.

§§history 40102(e).

Such a person- may83rd challengeSession the(2025) accuracy– of3 such– records of criminal history only as provided in this chapter.

records of criminal (b) Any records of criminal history of the person being screened that were received from the Federal Bureau of Investigation.

The qualified entity shall make such a determination pursuant to the procedures set forth in the VECHS program based on whether the information relating to the records of criminal history of the person indicates that the person has been convicted of or is subject to pending criminal charges or a pending indictment for any crimecrimeect that bears upon his or her fitness to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities.

A qualified entity that is required by law to apply screening criteria, including, without limitation, any right to contest or request an exemption from disqualification, shall apply such screening - *SB26* – 4 – criteria to any information relating to records of criminal history received from the Central Repository.

A qualified entity is not liable for damages solely arising out of the accuracy of any information included in or omitted from records of criminal history authorized to be obtained pursuant to this section, and the State of Nevada, any political subdivision of the State or any agency, officer or employee thereof is not liable for damages for providing any information relating to records of criminal history requested pursuant to this section.

Each qualified entity shall maintain all signed waivers obtained pursuant to - 83rd Session (2025) – 4 – subsection 1 for the purpose of such an audit for one audit cycle as determined by the Department.

In addition to complying with the provisions of this section, each qualified entity and the Central Repository shall comply with allall11. applicable provisions of 34 U.S.C.

§ 40102.

11.

U.S.C.

§ 40102.

H~~~~~ 25 - *SB26*83rd Session (2025)