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- 83rd Session (2025)
Assembly Bill No. 551–Committee on Ways and Means
CHAPTER..........
AN ACT relating to background investigations; requiring a
background investigation of employees, prospective
employees, contractors and prospective contractors of
the Division of Welfare and Supportive Services of the
Department of Health and Human Services and the
Department of Employment, Training and Rehabilitation; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing state law requires the Department of Health and Human Services,
through the Division of Welfare and Supportive Services of the Department, to
administer certain programs of public assistance. (NRS 232.320, 422A.338) Under
existing federal law, any officer or employee of any State who is authorized by
federal law to obtain information from federal tax returns for the purpose of
administering pro visions of state or federal law is prohibited from disclosing any
information obtained from those returns. (26 U.S.C. § 6103) As a condition of
receiving such information, federal law requires state officers and employees to
comply with certain safeguards prescribed by the United States Secretary of the
Treasury to ensure the confidentiality of the federal tax returns and the information
contained in those returns. (26 U.S.C. § 6103(p)(4)) Publication 1075 of the United
States Internal Revenue Service: (1) establishes the “Tax Information Security
Guidelines for Federal, State and Local Agencies” to provide guidance to federal,
state and local agencies to ensure that the policies, practices, controls and
safeguards of those agencies adequately protect the co nfidentiality of federal
taxpayer information; and (2) includes in those Guidelines requirements related to
conducting background investigations of employees and contractors of an agency
that have access to federal taxpayer information.
Assembly Bill No. 530 of the 2019 Session of the Nevada Legislature requires:
(1) the Department of Taxation to conduct a background investigation of each
employee or contractor of the Department upon initial employment or contract and
at least once every 5 years thereafter ; and (2) such employees and contractors to
submit to the Department proof of citizenship or eligibility to legally work in the
United States and two complete sets of fingerprints for the purposes of the
background investigation. (NRS 360.142) Sections 1 and 1.5 of this bill enact
identical provisions governing employees and contractors of the Division of
Welfare and Supportive Services of the Department of Health and Human Services
and the Department of Employment, Training and Rehabilitation. Section 1 .8 of
this bill applies certain definitions to section 1.5. Sections 2 and 2.5 of this bill
require: (1) current employees of the Division of Welfare and Supportive Services
or the Department of Employment, Training and Rehabilitation to submit
information to the Division or the Department, as applicable, for such background
investigations by January 1, 2026; and (2) current contractors of the Division or
Department to submit information to the Division or Department, as applicable, for
such a background investigation when the contract is being renewed.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; 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:
Section 1. Chapter 422A of NRS is hereby amended by
adding thereto a new section to read as follows:
1. The Division shall secure from appropriate law
enforcement agencies information on the background and
personal history of a prospective employee or prospective
contractor, as applicable, of the Division.
2. A prospective employee or prospective contractor, as
applicable, of the Division must submit to the Division:
(a) Proof that he or she is a citizen of the United States or is
lawfully entitled to remain and work in the United States; and
(b) Two complete sets of fingerprints and written authorization
to forward those fingerpr ints to the Central Repository for
submission to:
(1) The Federal Bureau of Investigation for a report on his
or her background; and
(2) Any appropriate law enforcement agency that the
Division deems necessary.
3. The Division shall submit the finger prints submitted
pursuant to subsection 2 to the Central Repository for submission
to:
(a) The Federal Bureau of Investigation for a report on the
background of the prospective employee or prospective contractor,
as applicable; and
(b) Any appropriate law enforcement agency that the Division
deems necessary.
4. When a report from the Federal Bureau of Investigation or
any information from an appropriate law enforcement agency is
received by the Central Repository, the Central Repository shall
immediately forward a copy of the report or the information to the
Division.
5. The Division shall conduct an investigation of each
employee and contractor of the Division pursuant to this section at
least once every 5 years after the initial investigation.
6. Only the Central Repository may:
(a) Receive fingerprints from the Division for submission to
the Federal Bureau of Investigation pursuant to this section;
(b) Submit the fingerprints to the Federal Bureau of
Investigation; and
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- 83rd Session (2025)
(c) Receive a report from the Federal Bureau of Investigation
based on the submission of the fingerprints.
7. As used in this section:
(a) “Appropriate law enforcement agency” means the local
law enforcement agency with jurisdiction in each location where
the prospective employe e or prospective contractor, as applicable,
of the Division lived, worked or attended school within the
immediately preceding 5 years.
(b) “Central Repository” means the Central Repository for
Nevada Records of Criminal History.
Sec. 1.5. Chapter 232 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The Department shall secure from appropriate law
enforcement agencies information on the background and
personal history of a prospective emplo yee or prospective
contractor, as applicable, of the Department.
2. A prospective employee or prospective contractor , as
applicable, of the Department must submit to the Department:
(a) Proof that he or she is a citizen of the United States or is
lawfully entitled to remain and work in the United States; and
(b) Two complete sets of fingerprints and written authorization
to forward those fingerprints to the Central Repository for
submission to:
(1) The Federal Bureau of Investigation for a report on h is
or her background; and
(2) Any appropriate law enforcement agency that the
Department deems necessary.
3. The Department shall submit the fingerprints submitted
pursuant to subsection 2 to the Central Repository for submission
to:
(a) The Federal Bureau of Investigation for a report on the
background of the prospective employee or prospective contractor,
as applicable; and
(b) Any appropriate law enforcement agency that the
Department deems necessary.
4. When a report from the Federal Bureau of Investigation or
any information from an appropriate law enforcement agency is
received by the Central Repository, the Central Repository shall
immediately forward a copy of the report or the information to the
Department.
5. The Department shall conduct an investigation of each
employee and contractor of the Department pursuant to this
section at least once every 5 years after the initial investigation.
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6. Only the Central Repository may:
(a) Receive fingerprints from the Department for submission
to the Federal Bureau of Investigation pursuant to this section;
(b) Submit the fingerprints to the Federal Bureau of
Investigation; and
(c) Receive a report from the Federal Bureau of Investigation
based on the submission of the fingerprints.
7. As used in this section:
(a) “Appropriate law enforcement agency” means the local
law enforcement agency with jurisdiction in each location where
the prospective employee or prospective contractor, as applicable,
of the Department lived, worked or attended school within the
immediately preceding 5 years.
(b) “Central Repository” means the Central Repository for
Nevada Records of Criminal History.
Sec. 1.8. NRS 232.900 is hereby amended to read as follows:
232.900 As used in NRS 232.900 to 232.990, inclusive, and
section 1.5 of this act unless the context otherwise requires:
1. “Department” means the Department of Employment,
Training and Rehabilitation.
2. “Director” means the Director of the Department.
Sec. 2. 1. For the purpose of the Division of Welfare and
Supportive Services of the Department of Health and Human
Services conducting an investigation pursuant to section 1 of this
act, a person who is an employee of the Division on July 1, 2025,
shall submit the information required by subsection 2 of section 1 of
this act on or before January 1, 2026.
2. For the purpose of the Division conducting an investigation
pursuant to section 1 of this act, a person who is a contractor of the
Division on July 1, 2025, shall submit the information required by
subsection 2 of section 1 of this act on or before the date that the
contractor next renews his or her contract with the Division.
Sec. 2.5. 1. For the purpose of the Department of
Employment, Training and Rehabilitation conducting an
investigation pursuant to section 1.5 of this act, a person who is an
employee of the Department on July 1, 2025, shall submit the
information required by subsection 2 of section 1.5 of this act on or
before January 1, 2026.
2. For the purpose of the Department conducting an
investigation pursuant to section 1.5 of this act, a person who is a
contractor of the Department on July 1, 2025, shall submit the
information required by subsection 2 of section 1.5 of this act on or
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before the date that the contractor next renews his or her contract
with the Department.
Sec. 3. This act becomes effective on July 1, 2025.
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