A.B. 357
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ASSEMBLY BILL NO. 357–ASSEMBLYMEMBERS
HUNT; D’SILVA AND JACKSON
MARCH 4, 2025
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JOINT SPONSOR: SENATOR CRUZ-CRAWFORD
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to background checks.
(BDR 38-646)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to employment; establishing requirements relating
to the release of certain information in the Statewide
Central Registry for the Collection of Information
Concerning the Abuse or Neglect of a Child and the
Central Repository for Nevada Records of Criminal
History to public employers; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes a Statewide Central Registry for the Collection of 1
Information Concerning the Abuse or Neglect of a Child which is maintained by 2
the Division of Child and Family Services of the Department of Health and Human 3
Services. (NRS 432.100) Existing law authorizes the Division to release 4
information contained in the Central Registry under certain circumstances. (NRS 5
432.120) Section 1 of this bill requires the Division to release information 6
contained in the Central Registry to a public employer that is authorized to receive 7
such information within 72 hours after the Division receives the application for 8
such information and requires that the information is released by secure electronic 9
transmission to the electronic mail address of the public employer or a designee of 10
the public employer. 11
Existing law creates the Central Repository for Nevada Records of Criminal 12
History within the Records, Communications and Compliance Division of the 13
Department of Public Safety. Under existing law, each agency of criminal justice 14
and any other agency dealing with crime and each state and local law enforcement 15
agency are required to submit certain information relating to records of criminal 16
history to the Central Repository. (NRS 179A.075) Further, existing law establishes 17
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a service to conduct a name-based search of records of criminal history of an 18
employee, prospective employee, volunteer or prospective volunteer. In order to 19
participate in the service a person must contract with the Central Repository to 20
become an authorized participant. (NRS 179A.103) Section 2 of this bill requires 21
the Central Repository to release the results of an inquiry into the information 22
contained in the Central Repository to a public employer that is an authorized 23
participant within 72 hours after the public employer makes the inquiry and 24
requires that the results are released by secure electronic transmission to the 25
electronic mail address of the public employer or a designee of the public 26
employer. 27
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432.120 is hereby amended to read as follows: 1
432.120 1. Information contained in the Central Registry 2
must not be released unless the right of the applicant to the 3
information is confirmed, the information concerning the report of 4
abuse or neglect of the child or a violation of NRS 201.540, 5
201.553, 201.560, 392.4633 or 394.366 has been reported pursuant 6
to NRS 392.337 or 432B.310, as applicable, the released 7
information discloses the disposition of the case and, if the 8
information is being provided pursuant to subsection 3 of NRS 9
432.100, the person who is the subject of the background 10
investigation provides written authorization for the release of the 11
information. 12
2. The information contained in the Central Registry 13
concerning cases in which a report of abuse or neglect of a child has 14
been substantiated by an agency which provides child welfare 15
services must be deleted from the Central Registry not later than 10 16
years after the child who is the subject of the report reaches the age 17
of 18 years. 18
3. The Division shall not release information from the Central 19
Registry regarding a report of child abuse or neglect made pursuant 20
to NRS 392.303 or 432B.220 that received a disposition other than 21
substantiated to any person or entity except for an agency which 22
provides child welfare services. 23
4. If an applicant for the release of information from the 24
Central Registry is a public employer and the release of 25
information from the Central Registry is not otherwise prohibited 26
by this section, the Division shall release the information from the 27
Central Registry to the public employer within 72 hours after the 28
Division receives the application. The information from 29
the Central Registry must be sent by secure electronic 30
transmission to the electronic mail address of the public employer 31
or a designee of the public employer. 32
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5. The Division shall adopt regulations to carry out the 1
provisions of this section. 2
6. As used in this section: 3
(a) “Public employer” means the State of Nevada, an agency 4
of this State or a political subdivision of this State. 5
(b) “Secure electronic transmission” has the meaning ascribed 6
to it in NRS 179.530. 7
Sec. 2. NRS 179A.103 is hereby amended to read as follows: 8
179A.103 1. There is hereby established within the Central 9
Repository a service to conduct a name-based search of records of 10
criminal history of an employee, prospective employee, volunteer or 11
prospective volunteer. 12
2. An eligible person that wishes to participate in the service 13
must enter into a contract with the Central Repository. The elements 14
of a contract entered into pursuant to this section must be limited to 15
requiring the eligible person to: 16
(a) Pay a fee pursuant to subsection 3, if applicable; and 17
(b) Comply with applicable law. 18
3. The Central Repository may charge a reasonable fee for 19
participation in the service. 20
4. An authorized participant of the service may inquire about 21
the records of criminal history of an employee, prospective 22
employee, volunteer or prospective volunteer to determine the 23
suitability of the employee or prospective employee for employment 24
or the suitability of the volunteer or prospective volunteer for 25
volunteering. 26
5. The Central Repository shall disseminate to an authorized 27
participant of the service information which reflects convictions 28
only. 29
6. An employee, prospective employee, volunteer or 30
prospective volunteer who is proposed to be the subject of a name-31
based search must provide his or her written consent directly to the 32
authorized participant or, if the authorized participant is a screening 33
service, directly to the eligible person designating the screening 34
service to receive records of criminal history, for the Central 35
Repository to perform the search and to release the information to 36
an authorized participant. The written consent form may be: 37
(a) A form designated by the Central Repository; or 38
(b) If the authorized participant is a screening service, a form 39
that complies with the provisions of 15 U.S.C. § 1681b(b)2 for the 40
procurement of a consumer report. 41
7. If an authorized participant is a public employer, the 42
Central Repository shall release the results of any inquiry about 43
the records of criminal history made by the public employer within 44
72 hours after the public employer makes the inquiry. The results 45
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of such an inquiry must be sent by secure electronic transmission 1
to the electronic mail address of the public employer or a designee 2
of the public employer. 3
8. A screening service that is designated to receive records of 4
criminal history on behalf of an eligible person may provide such 5
records of criminal history to the eligible person upon request of the 6
eligible person if the screening service maintains records of its 7
dissemination of the records of criminal history. 8
[8.] 9. The Central Repository may audit an authorized 9
participant, at such times as the Central Repository deems 10
necessary, to ensure that records of criminal history are securely 11
maintained. 12
[9.] 10. The Central Repository may terminate participation in 13
the service if an authorized participant fails: 14
(a) To pay the fees required to participate in the service; or 15
(b) To address, within a reasonable period, deficiencies 16
identified in an audit conducted pursuant to subsection 8. 17
[10.] 11. As used in this section: 18
(a) “Authorized participant” means an eligible person who has 19
entered into a contract with the Central Repository to participate in 20
the service established pursuant to subsection 1. 21
(b) “Consumer report” has the meaning ascribed to it in 15 22
U.S.C. § 1681a(d). 23
(c) “Eligible person” means: 24
(1) An employer. 25
(2) A volunteer organization. 26
(3) A screening service. 27
(d) “Employer” means a person that: 28
(1) Employs an employee or makes employment decisions; 29
(2) Enters into a contract with an independent contractor or 30
makes the determination whether to enter into a contract with an 31
independent contractor; or 32
(3) Enters into a contract with a person, business or 33
organization for the provision, directly or indirectly, of labor, 34
services or materials by an independent contractor, subcontractor or 35
a third party. 36
(e) “Employment” includes performing services, directly or 37
indirectly, for an employer as an independent contractor, 38
subcontractor or a third party pursuant to a contract. 39
(f) “Public employer” means the State of Nevada, an agency of 40
this State or a political subdivision of this State. 41
(g) “Screening service” means a person or entity designated, 42
directly or indirectly, by an eligible person to provide employment 43
or volunteer screening services to the eligible person. 44
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[(g)] (h) “Secure electronic transmission” has the meaning 1
ascribed to it in NRS 179.530. 2
(i) “Written consent” means: 3
(1) An electronic signature pursuant to 15 U.S.C. § 7006(5), 4
and any regulations adopted pursuant thereto; 5
(2) Completion of the form designated by the Central 6
Repository pursuant to paragraph (a) of subsection 6; or 7
(3) Consent by means of mail, the Internet, other electronic 8
means or other means pursuant to 15 U.S.C. § 1681b(b)(2), and any 9
regulations adopted pursuant thereto. 10
H