Nevada Revises Law - No Time Limitation For Reporting Criminal Convictions

(Here is a copy of the Bill)

Senate Bill No. 409–Senator Lipparelli

CHAPTER……….

AN ACT relating to gaming; revising provisions related to the preparation of a credit report in connection with a person who is seeking certain employment with a gaming licensee; revising provisions governing the disclosure of certain information by a reporting agency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing state and federal law prohibits a credit reporting agency from disclosing in the credit report of a person information related to a bankruptcy filing that is more than 10 years old and certain other negative credit information that is more than 7 years old. (NRS 598C.150; 15 U.S.C. § 1681c) However, existing federal law provides certain exceptions to the preceding federal prohibition, including an exception for a credit report prepared in connection with the employment of an individual whose salary will be greater than $75,000. (15 U.S.C. § 1681c(b)(3))

Sections 1 and 2 of this bill create a similar exception in state law for a credit report prepared for a gaming licensee in connection with a person who is seeking employment with the licensee or employment in a position connected directly with the licensee’s operations. Section 2 also removes the prohibition against disclosing a record of conviction of a crime which is more than 7 years old, meaning that there is no limitation of time for which such a record may be disclosed.

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 463 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Notwithstanding the provisions of NRS 598C.150, and to the extent allowed by 15 U.S.C. § 1681c, as amended, or any successor provision, and any regulations adopted pursuant thereto, a reporting agency may conduct an investigation or report information in response to a request from a licensee pursuant to the licensee’s internal investigation of a person seeking employment with the licensee or employment in a position connected directly with the operations of the licensee.

2. As used in this section, “reporting agency” has the meaning ascribed to it in NRS 598C.100.

Sec. 2. NRS 598C.150 is hereby amended to read as follows:

598C.150 A reporting agency shall periodically purge from its files and after purging shall not disclose:

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–2–

1. [Bankruptcies] Except as otherwise provided in section 1 of this act, bankruptcies whose dates of adjudication precede the report by more than 10 years. A report of adjudication must include, if known, the chapter of Title 11 of the United States Code under which the case arose.

2. Except as otherwise provided by a specific statute, including, without limitation, section 1 of this act, any other civil judgment, a report of criminal proceedings, or other adverse information , excluding a record of a conviction of a crime, which precedes the report by more than 7 years.

Sec. 3. This act becomes effective upon passage and approval. 20 ~~~~~ 15