AB357 - Revises provisions relating to background checks. (BDR 38-646)

A.B. 357 - *AB357* ASSEMBLY BILL NO. 357–ASSEMBLYMEMBERS HUNT; D’SILVA AND JACKSON MARCH 4, 2025 ____________ JOINT SPONSOR: SENATOR CRUZ-CRAWFORD ____________ 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. ~ 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 – 2 – - *AB357* 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 – 3 – - *AB357* 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 – 4 – - *AB357* 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 – 5 – - *AB357* [(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