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2 | 2 | | |
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3 | 3 | | - 82nd Session (2023) |
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4 | 4 | | Senate Bill No. 32–Committee on Commerce and Labor |
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5 | 5 | | |
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6 | 6 | | CHAPTER.......... |
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7 | 7 | | |
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8 | 8 | | AN ACT relating to the Private Investigator’s Licensing Board; |
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9 | 9 | | exempting persons engaged exclusively in transporting |
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10 | 10 | | persons for the purposes of a temporary transfer of custody |
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11 | 11 | | pursuant to the Agreement on Detainers, extradition pursuant |
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12 | 12 | | to the Uniform Criminal Extradition Act or a temporary or |
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13 | 13 | | permanent transfer of the custody of a person from one state |
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14 | 14 | | or local governmental agency to another from licensure and |
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15 | 15 | | regulation by the Board; and providing other matters properly |
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16 | 16 | | relating thereto. |
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17 | 17 | | Legislative Counsel’s Digest: |
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18 | 18 | | Existing law provides for the licensure and regulation of private investigators, |
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19 | 19 | | private patrol officers, process servers, repossessors, dog handlers, security |
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20 | 20 | | consultants and polygraphic examiners by the Private Investigator’s Licensing |
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21 | 21 | | Board. (Chapter 648 of NRS) Existing law further requires an employee of a person |
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22 | 22 | | licensed by the Board to be registered with the Board to perform any work |
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23 | 23 | | regulated by the Board. (NRS 648.060, 648.1493, 648.203) |
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24 | 24 | | Under existing law, Nevada has enacted the Agreement on Detainers, an |
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25 | 25 | | interstate agreement setting forth certain procedures for the temporary transfer of |
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26 | 26 | | custody of an incarcerated person from the state in which the person is incarcerated |
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27 | 27 | | to another state where the person is subject to pending criminal charges. (NRS |
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28 | 28 | | 178.620) Existing law also sets forth the Uniform Criminal Extradition Act, which |
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29 | 29 | | establishes certain procedures governing the extradition to and from this State of a |
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30 | 30 | | person who has been charged with a crime or who has been alleged to have escaped |
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31 | 31 | | from confinement or broken the terms of the person’s bail, probation or parole. |
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32 | 32 | | (NRS 179.177-179.235) Because persons who transport persons from this State to |
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33 | 33 | | another state, from another state to this State or through this State are private patrol |
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34 | 34 | | officers for the purposes of existing law governing the licensure of private patrol |
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35 | 35 | | officers by the Private Investigator’s Licensing Board, such persons are required to |
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36 | 36 | | obtain a license from the Board and employees of such persons are required to be |
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37 | 37 | | registered with the Board. (NRS 648.013, 648.060, 648.063, 648.1493, 648.203) |
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38 | 38 | | This bill exempts from the provisions of existing law governing the licensure |
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39 | 39 | | and regulation of private investigators and related professions by the Private |
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40 | 40 | | Investigator’s Licensing Board any person, or any employee thereof, who is |
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41 | 41 | | engaged exclusively in the business of transporting persons: (1) from this State to |
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42 | 42 | | another state, from another state to this State or through this State for the purpose of |
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43 | 43 | | a temporary transfer of custody pursuant to the Agreement on Detainers or |
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44 | 44 | | extradition pursuant to the Uniform Criminal Extradition Act; or (2) within this |
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45 | 45 | | State for the purpose of a temporary or permanent transfer of the custody of a |
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46 | 46 | | person from one state or local governmental agency to another. |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | |
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53 | 53 | | |
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54 | 54 | | |
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55 | 55 | | – 2 – |
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56 | 56 | | |
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57 | 57 | | |
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58 | 58 | | - 82nd Session (2023) |
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59 | 59 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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60 | 60 | | |
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61 | 61 | | |
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62 | 62 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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63 | 63 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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64 | 64 | | |
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65 | 65 | | Section 1. NRS 648.018 is hereby amended to read as follows: |
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66 | 66 | | 648.018 Except as to polygraphic examiners and interns, this |
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67 | 67 | | chapter does not apply: |
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68 | 68 | | 1. To any detective or officer belonging to the law enforcement |
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69 | 69 | | agencies of the State of Nevada or the United States, or of any |
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70 | 70 | | county or city of the State of Nevada, while the detective or officer |
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71 | 71 | | is engaged in the performance of his or her official duties. |
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72 | 72 | | 2. To special police officers appointed by the police |
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73 | 73 | | department of any city, county, or city and county within the State |
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74 | 74 | | of Nevada while the officer is engaged in the performance of his or |
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75 | 75 | | her official duties. |
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76 | 76 | | 3. To insurance adjusters licensed pursuant to the Nevada |
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77 | 77 | | Insurance Adjusters Law who are not otherwise engaged in the |
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78 | 78 | | business of private investigators. |
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79 | 79 | | 4. To any private investigator, private patrol officer, process |
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80 | 80 | | server, dog handler or security consultant employed by an employer |
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81 | 81 | | regularly in connection with the affairs of that employer if a bona |
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82 | 82 | | fide employer-employee relationship exists, except as otherwise |
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83 | 83 | | provided in NRS 648.060, 648.140 and 648.203. |
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84 | 84 | | 5. To a repossessor employed exclusively by one employer |
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85 | 85 | | regularly in connection with the affairs of that employer if a bona |
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86 | 86 | | fide employer-employee relationship exists, except as otherwise |
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87 | 87 | | provided in NRS 648.060, 648.140 and 648.203. |
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88 | 88 | | 6. To a person engaged exclusively in the business of obtaining |
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89 | 89 | | and furnishing information as to the financial rating of persons. |
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90 | 90 | | 7. To a charitable philanthropic society or association |
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91 | 91 | | incorporated under the laws of this State which is organized and |
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92 | 92 | | maintained for the public good and not for private profit. |
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93 | 93 | | 8. To an attorney at law in performing his or her duties as such. |
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94 | 94 | | 9. To a collection agency unless engaged in business as a |
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95 | 95 | | repossessor, licensed by the Commissioner of Financial Institutions, |
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96 | 96 | | or an employee thereof while acting within the scope of his or her |
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97 | 97 | | employment while making an investigation incidental to the |
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98 | 98 | | business of the agency, including an investigation of the location of |
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99 | 99 | | a debtor or his or her assets and of property which the client has an |
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100 | 100 | | interest in or lien upon. |
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101 | 101 | | – 3 – |
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102 | 102 | | |
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103 | 103 | | |
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104 | 104 | | - 82nd Session (2023) |
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105 | 105 | | 10. To admitted insurers and agents and insurance brokers |
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106 | 106 | | licensed by the State, performing duties in connection with |
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107 | 107 | | insurance transacted by them. |
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108 | 108 | | 11. To any bank organized pursuant to the laws of this State or |
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109 | 109 | | to any national bank engaged in banking in this State. |
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110 | 110 | | 12. To any person employed to administer a program of |
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111 | 111 | | supervision for persons who are serving terms of residential |
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112 | 112 | | confinement. |
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113 | 113 | | 13. To any commercial registered agent, as defined in NRS |
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114 | 114 | | 77.040, who obtains copies of, examines or extracts information |
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115 | 115 | | from public records maintained by any foreign, federal, state or |
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116 | 116 | | local government, or any agency or political subdivision of any |
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117 | 117 | | foreign, federal, state or local government. |
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118 | 118 | | 14. To any holder of a certificate of certified public accountant |
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119 | 119 | | issued by the Nevada State Board of Accountancy pursuant to |
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120 | 120 | | chapter 628 of NRS while performing his or her duties pursuant to |
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121 | 121 | | the certificate. |
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122 | 122 | | 15. To a person performing the repair or maintenance of a |
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123 | 123 | | computer who performs a review or analysis of data contained on a |
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124 | 124 | | computer solely for the purposes of diagnosing a computer hardware |
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125 | 125 | | or software problem and who is not otherwise engaged in the |
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126 | 126 | | business of a private investigator. |
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127 | 127 | | 16. To any person who for any consideration engages in |
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128 | 128 | | business or accepts employment to provide information security. |
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129 | 129 | | 17. To any person, or any employee thereof, who is engaged |
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130 | 130 | | exclusively in the business of transporting persons: |
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131 | 131 | | (a) From this State to another state, from another state to this |
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132 | 132 | | State or through this State for the purpose of a temporary transfer |
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133 | 133 | | of custody pursuant to NRS 178.620 or extradition pursuant to |
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134 | 134 | | NRS 179.177 to 179.235, inclusive; or |
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135 | 135 | | (b) Within this State for the purpose of a temporary or |
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136 | 136 | | permanent transfer of the custody of a person from one state or |
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137 | 137 | | local governmental agency to another. |
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138 | 138 | | |
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139 | 139 | | 20 ~~~~~ 23 |
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142 | 142 | | |
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