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- 83rd Session (2025)
Senate Bill No. 26–Committee on Judiciary
CHAPTER..........
AN ACT relating to records of criminal history; revising 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; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing federal law authorizes a state to establish by statute or regulation
procedures that require designated qualified entities, which are businesses or
organizations that provide care or care placement services to children, elderly
persons or persons with disabilities, to contact an authorized state agency to request
a nationwide background check to determine whether certain persons have bee n
convicted of a crime that bears upon the fitness of the person to have responsibility
for the safety and well -being of children, elderly persons or persons with
disabilities. (34 U.S.C. §§ 40102(a)(1), 40104(5), 40104(9), 40104(10)) Existing
federal law requires such procedures to include certain requirements. (34 U.S.C. §
40102(b)) Pursuant to that federal law, existing state law establishes procedures by
which a qualified entity may obtain information relating to the records of criminal
history of emplo yees, volunteers, persons applying to be an employee or volunteer
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
procedures to allow a qualif ied 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 s eeks to be
employed by or volunteer with, a qualified entity. (34 U.S.C. § 40104(9)) This bill
eliminates references set forth in existing state law to an employee, volunteer or
person applying to be an employee or volunteer of a qualified entity that are
duplicative of the definition of “covered individual” set forth in existing federal
law.
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. NRS 179A.325 is hereby amended to read as
follows:
179A.325 1. Before submitting a request for screening
pursuant to subsection 2, a qualified entity must:
(a) Establish an account with the Central Repository and, as part
of the establishment of such an account, agree to comply with all
applicable state and federal laws by signing an agreement approved
by the Central Repository.
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(b) Provide written notificat ion to any 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. The
notification must also include instructions on how to complete the
appeals process.
(c) Obtain a signed waiver from any person being screened, on a
form approved by the Division, that allows the release of
information relating to the records of criminal history of the person
to the qualified entity and contains the information required by 34
U.S.C. § 40102(b)(1).
2. A qualified entity shall submit to the Central Repository any
request for screening [an employee, volunteer, person applying to be
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. 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. §§ 40101 et seq.
3. 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. §
40102(e).
4. After a request is submitted pursuant to subsection 2, the
Central Repository shall provide directly to the qualified entity, as
authorized by the signe d waiver obtained by the qualified entity
pursuant to subsection 1:
(a) Any records of criminal history of the person being screened
that are not otherwise confidential pursuant to statute or law. Such a
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person may challenge the accuracy of such records o f criminal
history only as provided in this chapter.
(b) Any records of criminal history of the person being screened
that were received from the Federal Bureau of Investigation. Any
records of criminal history obtained are available for qualified
entities to use only for the purpose of screening [employees,
volunteers, persons applying to be an employee or volunteer or ]
covered individuals , independent contractors or vendors of the
qualified entity who have supervised or unsupervised access to
children, elderly persons or persons with disabilities.
5. The making of a determination as to the fitness of a person
to have responsibility for the safety and well -being of children,
elderly persons or persons with disabilities is the sole responsibility
of the qualified entity that submitted the request for screening. 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 crime
that bears upon his or her fitness to have responsibility for the safety
and well -being of children, elderly persons or pe rsons with
disabilities. The provisions of this section must not be construed to
require the Central Repository to make such a determination on
behalf of any qualified entity.
6. 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
criteria to any information relating to records of criminal history
received from the Central Repository.
7. If a person chooses to appeal the results of a background
screening report, the appeals process must meet the requirements
established in 34 U.S.C. § 40102(b)(2)(C).
8. 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 infor mation relating to records of
criminal history requested pursuant to this section.
9. The Central Repository may audit any qualified entity that
submits a request for screening pursuant to this section to ensure
compliance with all applicable state and federal laws. Each qualified
entity shall maintain all signed waivers obtained pursuant to
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subsection 1 for the purpose of such an audit for one audit cycle as
determined by the Department.
10. In addition to complying with the provisions of this section,
each qualified entity and the Central Repository shall comply with
all applicable provisions of 34 U.S.C. § 40102.
11. As used in this section:
(a) “Children” has the meaning ascribed to “child” in
NRS 432B.040.
(b) “Covered individual” has the meani ng ascribed to it in 34
U.S.C. § 40104(9).
(c) “Disability” has the meaning ascribed to it in NRS 426.068.
(d) “Division” means the Records, Communications and
Compliance Division of the Department.
(e) “Elderly persons” means any persons who are 60 years of
age or older.
(f) “Qualified entity” has the meaning ascribed to it in 34 U.S.C.
§ 40104(10).
(g) “Record of criminal history” has the meaning ascribed to it
in NRS 179A.070 and also includes, unless the context otherwise
requires, records of cr iminal history obtained from the Federal
Bureau of Investigation.
(h) “VECHS program” means the Volunteer and Employee
Criminal History System program of the Division through which
information relating to the records of criminal history of a person
may be requested and obtained by a qualified entity.
Sec. 2. This act becomes effective upon passage and approval.
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