Nevada 2023 Regular Session

Nevada Senate Bill SB32 Compare Versions

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33 - 82nd Session (2023)
44 Senate Bill No. 32–Committee on Commerce and Labor
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66 CHAPTER..........
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88 AN ACT relating to the Private Investigator’s Licensing Board;
99 exempting persons engaged exclusively in transporting
1010 persons for the purposes of a temporary transfer of custody
1111 pursuant to the Agreement on Detainers, extradition pursuant
1212 to the Uniform Criminal Extradition Act or a temporary or
1313 permanent transfer of the custody of a person from one state
1414 or local governmental agency to another from licensure and
1515 regulation by the Board; and providing other matters properly
1616 relating thereto.
1717 Legislative Counsel’s Digest:
1818 Existing law provides for the licensure and regulation of private investigators,
1919 private patrol officers, process servers, repossessors, dog handlers, security
2020 consultants and polygraphic examiners by the Private Investigator’s Licensing
2121 Board. (Chapter 648 of NRS) Existing law further requires an employee of a person
2222 licensed by the Board to be registered with the Board to perform any work
2323 regulated by the Board. (NRS 648.060, 648.1493, 648.203)
2424 Under existing law, Nevada has enacted the Agreement on Detainers, an
2525 interstate agreement setting forth certain procedures for the temporary transfer of
2626 custody of an incarcerated person from the state in which the person is incarcerated
2727 to another state where the person is subject to pending criminal charges. (NRS
2828 178.620) Existing law also sets forth the Uniform Criminal Extradition Act, which
2929 establishes certain procedures governing the extradition to and from this State of a
3030 person who has been charged with a crime or who has been alleged to have escaped
3131 from confinement or broken the terms of the person’s bail, probation or parole.
3232 (NRS 179.177-179.235) Because persons who transport persons from this State to
3333 another state, from another state to this State or through this State are private patrol
3434 officers for the purposes of existing law governing the licensure of private patrol
3535 officers by the Private Investigator’s Licensing Board, such persons are required to
3636 obtain a license from the Board and employees of such persons are required to be
3737 registered with the Board. (NRS 648.013, 648.060, 648.063, 648.1493, 648.203)
3838 This bill exempts from the provisions of existing law governing the licensure
3939 and regulation of private investigators and related professions by the Private
4040 Investigator’s Licensing Board any person, or any employee thereof, who is
4141 engaged exclusively in the business of transporting persons: (1) from this State to
4242 another state, from another state to this State or through this State for the purpose of
4343 a temporary transfer of custody pursuant to the Agreement on Detainers or
4444 extradition pursuant to the Uniform Criminal Extradition Act; or (2) within this
4545 State for the purpose of a temporary or permanent transfer of the custody of a
4646 person from one state or local governmental agency to another.
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5858 - 82nd Session (2023)
5959 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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6262 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
6363 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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6565 Section 1. NRS 648.018 is hereby amended to read as follows:
6666 648.018 Except as to polygraphic examiners and interns, this
6767 chapter does not apply:
6868 1. To any detective or officer belonging to the law enforcement
6969 agencies of the State of Nevada or the United States, or of any
7070 county or city of the State of Nevada, while the detective or officer
7171 is engaged in the performance of his or her official duties.
7272 2. To special police officers appointed by the police
7373 department of any city, county, or city and county within the State
7474 of Nevada while the officer is engaged in the performance of his or
7575 her official duties.
7676 3. To insurance adjusters licensed pursuant to the Nevada
7777 Insurance Adjusters Law who are not otherwise engaged in the
7878 business of private investigators.
7979 4. To any private investigator, private patrol officer, process
8080 server, dog handler or security consultant employed by an employer
8181 regularly in connection with the affairs of that employer if a bona
8282 fide employer-employee relationship exists, except as otherwise
8383 provided in NRS 648.060, 648.140 and 648.203.
8484 5. To a repossessor employed exclusively by one employer
8585 regularly in connection with the affairs of that employer if a bona
8686 fide employer-employee relationship exists, except as otherwise
8787 provided in NRS 648.060, 648.140 and 648.203.
8888 6. To a person engaged exclusively in the business of obtaining
8989 and furnishing information as to the financial rating of persons.
9090 7. To a charitable philanthropic society or association
9191 incorporated under the laws of this State which is organized and
9292 maintained for the public good and not for private profit.
9393 8. To an attorney at law in performing his or her duties as such.
9494 9. To a collection agency unless engaged in business as a
9595 repossessor, licensed by the Commissioner of Financial Institutions,
9696 or an employee thereof while acting within the scope of his or her
9797 employment while making an investigation incidental to the
9898 business of the agency, including an investigation of the location of
9999 a debtor or his or her assets and of property which the client has an
100100 interest in or lien upon.
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105105 10. To admitted insurers and agents and insurance brokers
106106 licensed by the State, performing duties in connection with
107107 insurance transacted by them.
108108 11. To any bank organized pursuant to the laws of this State or
109109 to any national bank engaged in banking in this State.
110110 12. To any person employed to administer a program of
111111 supervision for persons who are serving terms of residential
112112 confinement.
113113 13. To any commercial registered agent, as defined in NRS
114114 77.040, who obtains copies of, examines or extracts information
115115 from public records maintained by any foreign, federal, state or
116116 local government, or any agency or political subdivision of any
117117 foreign, federal, state or local government.
118118 14. To any holder of a certificate of certified public accountant
119119 issued by the Nevada State Board of Accountancy pursuant to
120120 chapter 628 of NRS while performing his or her duties pursuant to
121121 the certificate.
122122 15. To a person performing the repair or maintenance of a
123123 computer who performs a review or analysis of data contained on a
124124 computer solely for the purposes of diagnosing a computer hardware
125125 or software problem and who is not otherwise engaged in the
126126 business of a private investigator.
127127 16. To any person who for any consideration engages in
128128 business or accepts employment to provide information security.
129129 17. To any person, or any employee thereof, who is engaged
130130 exclusively in the business of transporting persons:
131131 (a) From this State to another state, from another state to this
132132 State or through this State for the purpose of a temporary transfer
133133 of custody pursuant to NRS 178.620 or extradition pursuant to
134134 NRS 179.177 to 179.235, inclusive; or
135135 (b) Within this State for the purpose of a temporary or
136136 permanent transfer of the custody of a person from one state or
137137 local governmental agency to another.
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