Nevada Revised Statutes 179A.310 – Creation; administration; purpose; regulations; failure to apply for grant or request background investigation is not evidence of negligence or causation
1. The Revolving Account to Process Requests for Information on the Background of Volunteers Who Work With Children is hereby created in the State General Fund.
Terms Used In Nevada Revised Statutes 179A.310
- Bequest: Property gifted by will.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. The Director of the Department shall administer the Account. The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies for information on the background of a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children. The existence of the Account does not create a right in any person to receive money from the Account.
3. The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.
4. The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
5. The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:
(a) The procedure by which a person may apply for a grant of money from the Account;
(b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and
(c) Procedures to distribute the money in the Account in a fair and equitable manner.
6. The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:
(a) The fact that the nonprofit agency did not apply for a grant of money from the Account.
(b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, provide information on the background of a volunteer or prospective volunteer of the nonprofit agency.