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ê2009 Statutes of Nevada, Page 1007ê

 

CHAPTER 248, AB 361

Assembly Bill No. 361–Assemblyman McArthur

 

CHAPTER 248

 

AN ACT relating to common-interest communities; providing that, under certain circumstances, a unit-owners’ association may, without liability for trespass, enter the grounds of a vacant unit or a unit in foreclosure to abate a public nuisance or maintain the exterior of the unit; providing that a unit-owners’ association may request a copy of certain deeds of trust under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law assigns the responsibility for maintenance of a unit in a common-interest community to the owner of the unit, and maintenance of a common element in the community to the unit-owners’ association. (NRS 116.3107) Existing law provides procedures for the executive board of the association to fine a unit’s owner who fails to maintain his residence according to the governing documents. (NRS 116.31031)

      Section 1 of this bill provides that the association may, without liability for trespass, enter on the grounds of a unit that is vacant or that is in the foreclosure process, whether vacant or not, to maintain the exterior of the unit or abate a public nuisance on the exterior of the unit if, after notice and a hearing, the unit’s owner refuses or fails to do so. Section 1 also provides that any amount of the costs for such maintenance or abatement which are not paid by the unit’s owner will be a lien against the unit. Further, this section provides that the lien has priority over certain other liens, claims, encumbrances and titles, except certain liens recorded before the declaration for the association was recorded and certain liens of assessments and taxes. Finally, this section provides that the period of priority of the lien shall be indefinite, unless regulations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association provide for a shorter period of priority for the lien, but even if such organization’s regulations provide for a shorter period of priority for the lien, the period of priority shall not be less than 6 months.

      Section 2 of this bill specifically authorizes a unit-owners’ association to charge a unit’s owner for the maintenance and abatement services provided pursuant to section 1 of the bill. (NRS 116.3102) Section 3 of this bill further provides that a lien for such maintenance and abatement services has priority over a first security interest on the unit. (NRS 116.3116)

      Section 4 of this bill provides that a unit-owners’ association may record in the office of the county recorder a request for a trustee or other authorized person to provide the association with a copy of the deed after the sale of a unit upon a deed of trust for any unit within the association. (NRS 107.090)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who holds a security interest in a unit must provide the association with his contact information as soon as reasonably practicable, but not later than 30 days after the person:

      (a) Files an action for recovery of a debt or enforcement of any right secured by the unit pursuant to NRS 40.430; or

 


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      (b) Records or has recorded on his behalf a notice of a breach of obligation secured by the unit and the election to sell or have the unit sold pursuant to NRS 107.080.

      2.  If an action or notice described in subsection 1 has been filed or recorded regarding a unit and the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association, including its employees, agents and community manager, may, but is not required to, enter the grounds of the unit, whether or not the unit is vacant, to take any of the following actions if the unit’s owner refuses or fails to take any action or comply with any requirement imposed on the unit’s owner within the time specified by the association as a result of the hearing:

      (a) Maintain the exterior of the unit in accordance with the standards set forth in the governing documents, including, without limitation, any provisions governing maintenance, standing water or snow removal.

      (b) Remove or abate a public nuisance on the exterior of the unit which:

            (1) Is visible from any common area of the community or public streets;

            (2) Threatens the health or safety of the residents of the common-interest community;

            (3) Results in blighting or deterioration of the unit or surrounding area; and

            (4) Adversely affects the use and enjoyment of nearby units.

      3.  If a unit is vacant and the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association, including its employees, agents and community manager, may enter the grounds of the unit to maintain the exterior of the unit or abate a public nuisance as described in subsection 2 if the unit’s owner refuses or fails to do so.

      4.  The association may order that the costs of any maintenance or abatement conducted pursuant to subsection 2 or 3, including, without limitation, reasonable inspection fees, notification and collection costs and interest, be charged against the unit. The association shall keep a record of such costs and interest charged against the unit and has a lien on the unit for any unpaid amount of the charges. The lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      5.  A lien described in subsection 4 bears interest from the date that the charges become due at a rate determined pursuant to NRS 17.130 until the charges, including all interest due, are paid.

      6.  Except as otherwise provided in this subsection, a lien described in subsection 4 is prior and superior to all liens, claims, encumbrances and titles other than the liens described in paragraphs (a) and (c) of subsection 2 of NRS 116.3116. If the federal regulations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior and superior to other security interests shall be determined in accordance with those federal regulations. Notwithstanding the federal regulations, the period of priority of the lien must not be less than the 6 months immediately preceding the institution of an action to enforce the lien.

 


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      7.  A person who purchases or acquires a unit at a foreclosure sale pursuant to NRS 40.430 or a trustee’s sale pursuant to NRS 107.080 is bound by the governing documents of the association and shall maintain the exterior of the unit in accordance with the governing documents of the association. Such a unit may only be removed from a common-interest community in accordance with the governing documents pursuant to this chapter.

      8.  Notwithstanding any other provision of law, an association, its directors or members of the executive board, employees, agents or community manager who enter the grounds of a unit pursuant to this section are not liable for trespass.

      9.  As used in this section:

      (a) “Exterior of the unit” includes, without limitation, all landscaping outside of a unit and the exterior of all property exclusively owned by the unit owner.

      (b) “Vacant” means a unit:

            (1) Which reasonably appears to be unoccupied;

            (2) On which the owner has failed to maintain the exterior to the standards set forth in the governing documents the association; and

            (3) On which the owner has failed to pay assessments for more than 60 days.

      Sec. 2.  NRS 116.3102 is hereby amended to read as follows:

      116.3102  1.  Except as otherwise provided in subsection 2, and subject to the provisions of the declaration, the association may do any or all of the following:

      (a) Adopt and amend bylaws, rules and regulations.

      (b) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from the units’ owners.

      (c) Hire and discharge managing agents and other employees, agents and independent contractors.

      (d) Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community.

      (e) Make contracts and incur liabilities.

      (f) Regulate the use, maintenance, repair, replacement and modification of common elements.

      (g) Cause additional improvements to be made as a part of the common elements.

      (h) Acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

            (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and

            (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

      (i) Grant easements, leases, licenses and concessions through or over the common elements.

 


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      (j) Impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners [.] , including, without limitation, any services provided pursuant to section 1 of this act.

      (k) Impose charges for late payment of assessments.

      (l) Impose construction penalties when authorized pursuant to NRS 116.310305.

      (m) Impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

      (n) Impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.

      (o) Provide for the indemnification of its officers and executive board and maintain directors’ and officers’ liability insurance.

      (p) Assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

      (q) Exercise any other powers conferred by the declaration or bylaws.

      (r) Exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

      (s) Direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

            (1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

            (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

      (t) Exercise any other powers necessary and proper for the governance and operation of the association.

      2.  The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.

      Sec. 3.  NRS 116.3116 is hereby amended to read as follows:

      116.3116  1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 are enforceable as assessments under this section.

 


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paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

      2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

      (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

      (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent; and

      (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.

Ê The lien is also prior to all security interests described in paragraph (b) to the extent of any charges incurred by the association on a unit pursuant to section 1 of this act and to the extent of the assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 6 months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

      3.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

      4.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

      5.  A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments becomes due.

      6.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

      7.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

      8.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

      9.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:

      (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

 


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      (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s lien:

            (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or

            (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      Sec. 4.  NRS 107.090 is hereby amended to read as follows:

      107.090  1.  As used in this section, “person with an interest” means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in the deed of trust, as evidenced by any document or instrument recorded in the office of the county recorder of the county in which any part of the real property is situated.

      2.  A person with an interest or any other person who is or may be held liable for any debt secured by a lien on the property desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time after recordation of the deed of trust record in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of the notice of default or of sale. The request must state the name and address of the person requesting copies of the notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation, and the book and page where it is recorded.

      3.  The trustee or person authorized to record the notice of default shall, within 10 days after the notice of default is recorded and mailed pursuant to NRS 107.080, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice, addressed to:

      (a) Each person who has recorded a request for a copy of the notice; and

      (b) Each other person with an interest whose interest or claimed interest is subordinate to the deed of trust.

      4.  The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person described in subsection 3.

      5.  An association may record in the office of the county recorder of the county in which a unit governed by the association is situated an acknowledged request for a copy of the deed upon sale of the unit pursuant to a deed of trust. A request recorded by an association must include, without limitation:

      (a) A legal description of the unit or the assessor’s parcel number of the unit;

      (b) The name and address of the association; and

      (c) A statement that the request is made by an association.

      6.  A request recorded by an association pursuant to subsection 5 regarding a unit supersedes all previous requests recorded by the association pursuant to subsection 5 regarding the unit.

      7.  If a trustee or person authorized to record a notice of default records the notice default for a unit regarding which an association has recorded a request pursuant to subsection 5, the trustee or authorized person shall mail to the association a copy of the deed upon the sale of the unit pursuant to a deed of trust within 15 days after the trustee records the deed upon the sale of the unit.

 


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person shall mail to the association a copy of the deed upon the sale of the unit pursuant to a deed of trust within 15 days after the trustee records the deed upon the sale of the unit.

      8.  No request recorded pursuant to the provisions of subsection 2 or 5 affects the title to real property [.] , and failure to mail a copy of the deed upon the sale of the unit after a request is made by an association pursuant to subsection 5 does not affect the title to real property.

      9.  As used in this section:

      (a) “Association” has the meaning ascribed to it in NRS 116.011.

      (b) “Unit” has the meaning ascribed to it in NRS 116.093.

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CHAPTER 249, SB 231

Senate Bill No. 231–Senator Cegavske

 

CHAPTER 249

 

AN ACT relating to food establishments; exempting a licensed child care facility from certain regulations applicable to a food establishment, regardless of whether the child care facility includes a kindergarten; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law exempts licensed child care facilities from certain regulations adopted by the State Board of Health or a local board of health governing standards for the construction of a food establishment and the equipment required in a food establishment. (NRS 446.941) This bill provides that a licensed child care facility is exempt from such regulations, regardless of whether the child care facility includes a kindergarten.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 446.941 is hereby amended to read as follows:

      446.941  1.  Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS 446.940 that establishes a standard for the construction of a food establishment or the equipment required to be present in a food establishment [shall] does not apply to any child care facility that limits its menu to:

      (a) Food that does not constitute a potential or actual hazard to the public health; and

      (b) Potentially hazardous food that has been:

            (1) Commercially prepared and precooked; or

            (2) Pasteurized [.] ,

Ê regardless of whether the child care facility includes a kindergarten.

      2.  As used in this section [, “child] :

      (a)Child care facility” includes:

      [(a)] (1) A child care facility licensed pursuant to chapter 432A of NRS; or

      [(b)] (2) A child care facility licensed by a city or county.

 


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ê2009 Statutes of Nevada, Page 1014 (Chapter 249, SB 231)ê

 

      (b) “Kindergarten” means a program of education for children who are 5 and 6 years of age which is:

            (1) Licensed to operate as such pursuant to chapter 394 of NRS or which is exempt from licensure pursuant to NRS 394.211; and

            (2) Located on the premises of a child care facility.

      Sec. 2.  This act becomes effective on July 1, 2009.

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CHAPTER 250, AB 480

Assembly Bill No. 480–Committee on Government Affairs

 

CHAPTER 250

 

AN ACT relating to water; revising the fees collected by the State Engineer; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: May 28, 2009]

 

Legislative Counsel’s Digest:

      This bill adds several additional fees and increases various existing fees collected by the State Engineer.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.435 is hereby amended to read as follows:

      533.435  1.  The State Engineer shall collect the following fees:

 

For examining and filing an application for a permit to appropriate water............................................................................. [$250.00] $300.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a permit to appropriate water........... 100.00

For examining and acting upon plans and specifications for construction of a dam....................................................................... [500.00] 1,000.00

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right [150.00] 200.00

This fee includes the cost of the publication of the application, which is $50.

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock or wildlife purposes.................................................................. [150.00] 300.00

plus [$2] $3 per acre-foot approved or fraction thereof.

 


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For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only [, or for irrigational purposes which change the point of diversion or place of use only]. [$100.00] $250.00

plus [$2] $3 per acre-foot approved or fraction thereof.

[For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes............................................................ 200.00]

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock or wildlife purposes... 200.00

plus $50 for each second-foot of water approved or fraction thereof . [....................................................................................... 50.00]

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water.................................................................................................. 400.00

plus $50 for each second-foot of water approved or fraction thereof . [...................................................................................... 100.00

This fee must not exceed $1,000.]

For issuing a waiver in connection with an application to drill a well.................................................................................................. 100.00

For filing a secondary application under a reservoir permit [200.00] 250.00

For approving and recording a secondary permit under a reservoir permit.................................................................................. [200.00] 450.00

For reviewing each tentative subdivision map....................... 150.00

plus $1 per lot.

For reviewing and approving each final subdivision map.. 100.00

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet [100.00] 400.00

plus $1 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work........................ [10.00] 50.00

For filing proof of beneficial use................................................ 50.00

 


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For filing proof of resumption of a water right.................. $300.00

For filing any protest..................................................................... 25.00

For filing any application for extension of time within which to file proofs.................................................................................................. 100.00

For reviewing a cancellation of a water right pursuant to a petition for review ..................................................................................... 300.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384...................... [25.00] 100.00

plus [$10] $20 per conveyance document .

For filing any other instrument........................................ [1.00] 10.00

For making copy of any document recorded or filed in his office, for the first page.............................................................................................. 1.00

For each additional page................................................................... .20

For certifying to copies of documents, records or maps, for each certificate........................................................................................... [1.00] 5.00

For each blueprint copy of any drawing or map, per square foot [.50] 5.00

The minimum charge for a blueprint copy, per print.................. 3.00

For colored mylar plots............................................................... 10.00

 

      2.  When fees are not specified in subsection 1 for work required of his office, the State Engineer shall collect the actual cost of the work.

      3.  Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the General Fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, he shall deposit the fees in the State Treasury for credit to the General Fund. The State Engineer may maintain, with the approval of the State Board of Examiners, a checking account in any bank or credit union qualified to handle state money to carry out the provisions of this subsection. The account must be secured by a depository bond satisfactory to the State Board of Examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

      Sec. 2.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1017ê

 

CHAPTER 251, SB 8

Senate Bill No. 8–Committee on Commerce and Labor

 

CHAPTER 251

 

AN ACT relating to medical professions; requiring the Board of Medical Examiners, the Board of Homeopathic Medical Examiners and the State Board of Osteopathic Medicine to retain copies of acknowledgments by members of the boards related to conflict of interest provisions; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires all public officers to read and understand statutory ethical standards and to acknowledge such on a form prescribed by the Commission on Ethics. (NRS 281A.500) Sections 4, 7 and 10 of this bill clarify that these requirements apply to members of the Board of Medical Examiners, the Board of Homeopathic Medical Examiners and the State Board of Osteopathic Medicine. Sections 4, 7 and 10 also require that the Executive Director of the Board of Medical Examiners, the Secretary-Treasurer of the Board of Homeopathic Medical Examiners and the Executive Director of the State Board of Osteopathic Medicine retain copies of the acknowledgment required pursuant to NRS 281A.500.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 4.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each member of the Board shall comply with the provisions of NRS 281A.500.

      2.  Each member of the Board shall provide a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Executive Director of the Board, and the Executive Director shall retain an acknowledgment provided pursuant to this section for 6 years after the date on which the acknowledgment was provided to the Executive Director.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each member of the Board shall comply with the provisions of NRS 281A.500.

      2.  Each member of the Board shall provide a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Secretary-Treasurer of the Board, and the Secretary-Treasurer shall retain an acknowledgment provided pursuant to this section for 6 years after the date on which the acknowledgment was provided to the Secretary-Treasurer.

      Secs. 8 and 9.  (Deleted by amendment.)

      Sec. 10.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each member of the Board shall comply with the provisions of NRS 281A.500.

 


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ê2009 Statutes of Nevada, Page 1018 (Chapter 251, SB 8)ê

 

      2.  Each member of the Board shall provide a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Executive Director of the Board, and the Executive Director shall retain an acknowledgment provided pursuant to this section for 6 years after the date on which the acknowledgment was provided to the Executive Director.

      Sec. 11.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 252, SB 26

Senate Bill No. 26–Committee on Commerce and Labor

 

CHAPTER 252

 

AN ACT relating to chiropractic physicians; including certain activities within the scope of unprofessional conduct; allowing the Chiropractic Physicians’ Board of Nevada to impose a fine for each act which constitutes a ground for disciplinary action under chapter 634 of NRS; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill includes within the definition of “unprofessional conduct” the violation of any lawful order of or agreement with the Chiropractic Physicians’ Board of Nevada and of any statute or regulation governing chiropractic physicians. (NRS 634.018)

      Section 2 of this bill authorizes the imposition of a fine of up to $5,000 for each act that constitutes a ground for disciplinary action under chapter 634 of NRS. (NRS 634.190)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 634.018 is hereby amended to read as follows:

      634.018  “Unprofessional conduct” means:

      1.  Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

      2.  Procuring, or aiding or abetting in procuring, criminal abortion.

      3.  Assuring that a manifestly incurable disease can be permanently cured.

      4.  Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, “public communication” includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter.

 


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ê2009 Statutes of Nevada, Page 1019 (Chapter 252, SB 26)ê

 

      5.  Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians’ Board of Nevada.

      6.  Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.

      7.  Administering, dispensing or prescribing any controlled substance.

      8.  Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.

      9.  Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.

      10.  Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

      11.  Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.

      12.  Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

      13.  Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      14.  Solicitation by the licensee or his designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle accident, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:

      (a) “Designated agent” means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.

      (b) “Solicitation” means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.

      15.  Employing, directly or indirectly, any person as a chiropractor’s assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.

      16.  Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:

      (a) The medical records of the patient; or

      (b) An examination of the patient by the chiropractic physician taking such action.

      17.  Violating a lawful order of the Board, a lawful agreement with the Board, or any of the provisions of this chapter or any regulation adopted pursuant thereto.

 


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ê2009 Statutes of Nevada, Page 1020 (Chapter 252, SB 26)ê

 

      Sec. 2.  NRS 634.190 is hereby amended to read as follows:

      634.190  1.  The person charged is entitled to a hearing before the Board, but the failure of the person charged to attend his hearing or his failure to defend himself does not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.

      2.  If the Board finds the person guilty as charged in the complaint, it may by order:

      (a) Place the person on probation for a specified period or until further order of the Board.

      (b) Administer to the person a public reprimand.

      (c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of chiropractic.

      (d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the Board.

      (e) Revoke the license of the person to practice chiropractic.

      (f) Impose a fine of not more than [$10,000,] $5,000 for each act which constitutes a ground for disciplinary action, which must be deposited with the State Treasurer for credit to the State General Fund.

Ê The order of the Board may contain such other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

      3.  If the Board finds that a licensee has violated the provisions of NRS 439B.425, the Board shall suspend his license for a specified period or until further order of the Board.

      4.  The Board shall not administer a private reprimand.

      5.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

________

 


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ê2009 Statutes of Nevada, Page 1021ê

 

CHAPTER 253, SB 53

Senate Bill No. 53–Committee on Government Affairs

 

CHAPTER 253

 

AN ACT relating to the Office of the Secretary of State; authorizing the establishment of an electronic registry for the storage of wills and other documents; revising provisions regarding fees collected for certain services; revising the job classification of the Administrator of the Securities Division within the Office; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires that the Secretary of State maintain the Registry of Advance Directives for Health Care, in which a person can post a digital copy of an advance directive concerning his health care. (NRS 449.900-449.965) Section 8 of this bill authorizes the Secretary of State to create and maintain the Nevada Lockbox, a secure on-line registry which allows a person to post an electronic copy of a will or other document and retrieve that document when needed. Section 9 of this bill establishes the procedures that a person must follow to register a document in the Nevada Lockbox, if established. Sections 10 and 11 of this bill set forth how, and to whom, access to a document registered in the Nevada Lockbox, if established, is to be granted. Section 12 of this bill provides that the Secretary of State is not required to verify the accuracy or validity of any document before that document is submitted for registration in the Nevada Lockbox, if established. Section 12 also: (1) clarifies that registration of a document in the Nevada Lockbox, if established, does not affect the validity of the document; and (2) provides further that failure by an attorney to register the will of a client in the Nevada Lockbox, if established, does not impose on the attorney liability for malpractice. Section 13 of this bill authorizes the Secretary of State to charge fees and accept contributions to establish and maintain the Nevada Lockbox.

      Section 14 of this bill restricts the use of money that the Secretary of State receives for the purpose of establishing and maintaining the Nevada Lockbox. Section 15 of this bill provides that if the Secretary of State, his deputies, employees and attorneys act in good faith, they have civil and criminal immunity regarding any act or omission associated with the establishment and maintenance of the Nevada Lockbox. Section 16 of this bill authorizes the Secretary of State to adopt such regulations as he determines to be necessary or advisable to provide for the establishment and maintenance of the Nevada Lockbox.

      Under existing law, all fees collected by the Secretary of State are required to be deposited with the State Treasurer for credit to the State General Fund unless otherwise specifically provided by law. (NRS 225.150) Currently, one-half of the fees collected by the Office of the Secretary of State for the provision of certain special services are required to be deposited into the State General Fund, and one-half, into the Account for Special Services of the Secretary of State in the State General Fund, which may only be used for certain purposes by the Secretary of State. (NRS 225.140) Section 17 of this bill eliminates the Account for Special Services, and therefore, all the fees collected for the provision of special services will be deposited into the State General Fund.

      Section 18 of this bill moves the position of the Administrator of the Securities Division in the Office of the Secretary of State from the classified service to the unclassified service of the State. (NRS 225.170)

 


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ê2009 Statutes of Nevada, Page 1022 (Chapter 253, SB 53)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 225 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Lockbox” means an electronic file, including, without limitation, any will or other document stored electronically in the file, that is established in the Nevada Lockbox and registered to a person pursuant to section 9 of this act.

      Sec. 4.  “Nevada Lockbox” means the registry authorized to be established by the Secretary of State pursuant to section 8 of this act.

      Sec. 5.  “Other document” means a document registered with the Secretary of State pursuant to section 9 of this act and may include, without limitation, a passport, a birth certificate or a marriage license.

      Sec. 6.  “Registrant” means a person whose will or other document is registered with the Secretary of State pursuant to section 9 of this act.

      Sec. 7.  “Will” has the meaning ascribed to it in NRS 132.370.

      Sec. 8.  The Secretary of State may establish and maintain on his Internet website a registry to be known as the Nevada Lockbox. The registry must include, without limitation, in a secure portion of the website, an electronic reproduction of each will or other document filed by a registrant. The electronic reproduction must be capable of being viewed on the registry and downloaded, printed or otherwise retrieved by a person pursuant to section 9 of this act.

      Sec. 9.  If the Nevada Lockbox is established pursuant to section 8 of this act:

      1.  A person who wishes to establish a lockbox and thereby register a will or other document in the Nevada Lockbox must submit to the Secretary of State:

      (a) An application in the form prescribed by the Secretary of State;

      (b) A copy of the will or other document to be registered; and

      (c) The fee, if any, established by the Secretary of State pursuant to section 13 of this act.

      2.  If the person satisfies the requirements of subsection 1, the Secretary of State shall:

      (a) Make an electronic reproduction of the will or other document and post it within the registrant’s lockbox;

      (b) Assign to the registrant a registration number and access code for the lockbox; and

      (c) Provide to the registrant a registration card that includes, without limitation:

            (1) The name of the registrant;

            (2) The registration number assigned to the registrant pursuant to paragraph (b); and

            (3) The access code assigned to the registrant pursuant to paragraph (b).

      3.  The Secretary of State shall establish procedures for, without limitation:

 


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ê2009 Statutes of Nevada, Page 1023 (Chapter 253, SB 53)ê

 

      (a) The registration of a will or other document which replaces a will or other document that has been registered previously and posted within the Nevada Lockbox;

      (b) The removal from the Nevada Lockbox of a will or other document that has been revoked at the request of the registrant; and

      (c) The issuance of a duplicate registration card or the provision of other access by a registrant to his registration number and access code if a registration card issued pursuant to this section is lost, stolen, mutilated, destroyed or otherwise unavailable.

      Sec. 10.  If the Nevada Lockbox is established pursuant to section 8 of this act:

      1.  Except as otherwise provided in this section, the Secretary of State shall not provide access to the lockbox of a registrant unless:

      (a) The person requesting access provides the registration number and access code of the registrant;

      (b) The Secretary of State determines that providing access to the lockbox is in the best interest of the registrant;

      (c) Access to the lockbox is required pursuant to the lawful order of a court of competent jurisdiction; or

      (d) Access to the lockbox is requested by the registrant or his personal representative.

      2.  A registrant or his personal representative may access the lockbox of the registrant for any purpose.

      Sec. 11.  If the Nevada Lockbox is established pursuant to section 8 of this act, the Secretary of State may remove from the Nevada Lockbox the contents of the lockbox of a deceased registrant only:

      1.  Upon the request of the registrant’s personal representative;

      2.  Upon receiving confirmation that probate of the estate of the registrant is completed; or

      3.  Pursuant to the lawful order of a court of competent jurisdiction.

      Sec. 12.  If the Nevada Lockbox is established pursuant to section 8 of this act:

      1.  The provisions of sections 2 to 16, inclusive, of this act do not require that the Secretary of State determine whether the contents of a will or other document submitted for registration are accurate or whether the execution or issuance of the will or other document complies with the requirements necessary to make the will or other document valid.

      2.  The registration of a will or other document does not establish or create a presumption that the contents thereof are accurate or that the execution or issuance of the will or other document complies with the requirements necessary to make the will or other document valid.

      3.  The registration of or the failure to register a will or other document does not otherwise affect the validity of the will or other document.

      4.  Failure to notify the Secretary of State of the revocation of a will or other document does not affect the validity of the will or other document.

      5.  The existence or nonexistence of the registration of a will must not be considered an evidentiary fact in a proceeding relating to the will.

      6.  The failure to register a document related to a will must not be considered in determining the validity of the will.

      7.  An attorney is not subject to liability for malpractice for failing to register a will, or any document related to the will, of a client.

 


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ê2009 Statutes of Nevada, Page 1024 (Chapter 253, SB 53)ê

 

      Sec. 13.  If the Nevada Lockbox is established pursuant to section 8 of this act, the Secretary of State may charge and collect fees for the registration of a will or other document pursuant to section 9 of this act. The Secretary of State may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of sections 2 to 16, inclusive, of this act.

      Sec. 14.  1.  All money received by the Secretary of State pursuant to sections 2 to 16, inclusive, of this act must be:

      (a) Deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) Used only for the purpose of carrying out the provisions of sections 2 to 16, inclusive, of this act.

      2.  The Secretary of State shall administer the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

      3.  The money in the account does not lapse to the State General Fund at the end of a fiscal year.

      4.  Claims against the account must be paid as other claims against the State are paid.

      Sec. 15.  The Secretary of State and the deputies, employees and attorneys of the Secretary of State are not liable for any action or omission made in good faith by the Secretary of State, deputy, employee or attorney in carrying out the provisions of sections 2 to 16, inclusive, of this act.

      Sec. 16.  The Secretary of State may adopt such regulations as he determines to be necessary or advisable to carry out the provisions of sections 2 to 16, inclusive, of this act.

      Sec. 17.  NRS 225.140 is hereby amended to read as follows:

      225.140  1.  Except as otherwise provided in subsection 2, in addition to other fees authorized by law, the Secretary of State shall charge and collect the following fees:

 

For certifying to a copy of any law, joint resolution, transcript of record or other paper on file or of record with the Secretary of State, including, but not limited to, a document required to be filed pursuant to title 24 of NRS, and use of the State Seal, for each impression.................................................................................... $20

For each passport or other document signed by the Governor and attested by the Secretary of State............................................................................................ 10

 

      2.  The Secretary of State:

      (a) Shall charge a reasonable fee for searching records and documents kept in his office, including, but not limited to, records and documents that are stored on a computer database.

      (b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.

      (c) May not charge or collect a filing or other fee for:

            (1) Attesting extradition papers or executive warrants for other states.

            (2) Any commission or appointment issued or made by the Governor, either for the use of the State Seal or otherwise.

      (d) May charge a reasonable fee, not to exceed:

 


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ê2009 Statutes of Nevada, Page 1025 (Chapter 253, SB 53)ê

 

            (1) One thousand dollars, for providing service within 1 hour after the time service is requested;

            (2) Five hundred dollars, for providing service more than 1 hour but within 2 hours after the time the service is requested; and

            (3) One hundred twenty-five dollars, for providing any other special service, including, but not limited to, providing service more than 2 hours but within 24 hours after the time the service is requested, accepting documents filed by facsimile machine and other use of new technology.

      (e) Shall charge a person, for each check or other negotiable instrument returned to the Office of the Secretary of State because the person had insufficient money or credit with the drawee to pay the check or other instrument or because the person stopped payment on the check or other instrument:

            (1) A fee of $25; and

            (2) If the check or other instrument that was returned had been presented for the payment of a filing fee for more than one entity, an additional fee in an amount equal to the actual cost incurred by the Office of the Secretary of State to perform the following actions as a result of the returned check or instrument:

                  (I) Reversing the status of the entities in the records of the Office of the Secretary of State; and

                  (II) Recouping any fees charged for services rendered by the Office of the Secretary of State to the entities, including, without limitation, fees charged for providing service pursuant to paragraph (d), providing copies or issuing certificates.

Ê The Secretary of State shall, by regulation, establish procedures for the imposition of the fees authorized by this paragraph and the manner in which a fee authorized by subparagraph (2) will be calculated.

      (f) May charge a reasonable fee for searching for and cancelling or removing, if requested, any filing that has been submitted to him but not yet processed.

      3.  [From each fee collected pursuant to paragraph (d) of subsection 2:

      (a) One-half of the fee collected must be deposited with the State Treasurer for credit to the Account for Special Services of the Secretary of State in the State General Fund. Any amount remaining in the Account at the end of a fiscal year in excess of $2,000,000 must be transferred to the State General Fund. Money in the Account may be transferred to the Secretary of State’s Operating General Fund Budget Account and must only be used to create and maintain the capability of the Office of the Secretary of State to provide special services, including, but not limited to, providing service:

            (1) On the day it is requested or within 24 hours; or

            (2) Necessary to increase or maintain the efficiency of the Office.

Ê Any transfer of money from the Account for expenditure by the Secretary of State must be approved by the Interim Finance Committee.

      (b) After deducting the amount required pursuant to paragraph (a), the remainder must be deposited with the State Treasurer for credit to the State General Fund.

      4.]  The Secretary of State shall post a schedule of the fees authorized to be charged pursuant to this section in a conspicuous place at each office at which such fees are collected.

 


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ê2009 Statutes of Nevada, Page 1026 (Chapter 253, SB 53)ê

 

      Sec. 18.  NRS 225.170 is hereby amended to read as follows:

      225.170  1.  There is hereby created within the Office of the Secretary of State a Securities Division. The Secretary of State shall appoint an Administrator of the Division. The Administrator of the Division is in the [classified] unclassified service of the State.

      2.  The Secretary of State may, alternatively:

      (a) Use the services of an assigned deputy attorney general as legal counsel for the Division.

      (b) Appoint an attorney as legal counsel for the Division. If appointed, he is in the unclassified service of the State.

      (c) Contract for services to be rendered by such other legal counsel as are needed for assistance in administering chapter 90 of NRS.

      3.  Each of the legal counsel must be an attorney admitted to practice law in Nevada.

      Sec. 19.  1.  This section and sections 1 to 16, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of sections 2 to 16, inclusive, of this act; and

      (b) On July 1, 2009, for all other purposes.

      2.  Sections 17 and 18 of this act become effective on July 1, 2009.

________

 

CHAPTER 254, SB 63

Senate Bill No. 63–Committee on Government Affairs

 

CHAPTER 254

 

AN ACT relating to public financial administration; eliminating the requirement to submit certain reports and statements to the State Controller; moving certain accounts to different funds; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      The Nevada College Savings Program is Nevada’s qualified state tuition program under federal law. (NRS 353B.340; 26 U.S.C. § 529) Under existing state law, money contributed by participants in the Program as well as legislative appropriations, grants from governmental entities and gifts from private sources are deposited into the Nevada College Savings Trust Fund. (NRS 353B.340) Section 1 of this bill limits the sources of money of the Trust Fund only to money deposited in accordance with savings trust agreements and earnings on that money. Section 2 of this bill moves the Administrative Account and the Endowment Account in the Trust Fund to the State General Fund.

      Sections 3-5, 9 and 10 of this bill remove the State Controller from the distribution list for: (1) reports of outstanding indebtedness by local governments (NRS 354.6025); (2) statements by the county auditor of the assessed valuations of property and taxes levied thereon in each county (NRS 361.470); and (3) the annual statements of revenues, expenditures and the balances of the State Sheep Inspection Account and the Woolgrowers’ State Account for Control of Predatory Animals prepared by the county treasurer in a county that administers either or both Accounts pursuant to an interlocal agreement. (NRS 562.195, 567.125)

 


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ê2009 Statutes of Nevada, Page 1027 (Chapter 254, SB 63)ê

 

      Sections 6-8 of this bill move the Revolving Account for the Issuance of Special License Plates, the allocations to that Account for the manufacture of pre-1982 license plates and the Revolving Account for the Issuance of Salvage Titles from the Motor Vehicle Fund to the State Highway Fund. (NRS 482.1805, 482.266, 487.825)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353B.340 is hereby amended to read as follows:

      353B.340  1.  The Nevada College Savings Trust Fund is hereby created.

      2.  The Trust Fund is an instrumentality of this State, and its property and income are exempt from all taxation by this State and any political subdivision thereof.

      3.  The Trust Fund consists of:

      (a) [All legislative appropriations made thereto;

      (b) All money acquired by or for the use of the Trust Fund from:

            (1) Any other governmental source, including, without limitation, any grant from the Federal Government, or a state or local government; or

            (2) Any private source, including, without limitation, any gift, bequest, devise or endowment;

      (c)] All money deposited in accordance with savings trust agreements; and

      [(d)] (b) All earnings on the money in the Trust Fund.

      4.  [All money deposited in accordance with savings trust agreements and all earnings on such money:] Money in the Trust Fund:

      (a) [Are] Is not the property of this State, and this State has no claim to or interest in such money; and

      (b) Must not be commingled with money of this State.

      5.  A savings trust agreement or any other contract entered into by or on behalf of the Trust Fund does not constitute a debt or obligation of this State, and no account owner is entitled to any money in the Trust Fund except for that money on deposit in or accrued to his account.

      6.  The money in the Trust Fund must be preserved, invested and expended solely pursuant to and for the purposes authorized by NRS 353B.300 to 353B.370, inclusive, and must not be loaned or otherwise transferred or used by this State for any other purpose.

      Sec. 2.  NRS 353B.350 is hereby amended to read as follows:

      353B.350  1.  The Trust Fund and any account established by the State Treasurer pursuant to this section must be administered by the State Treasurer.

      2.  The State Treasurer shall establish such accounts [within the Trust Fund] as he determines necessary [,] to carry out his duties pursuant to NRS 353B.300 to 353B.370, inclusive, including, without limitation [, a] :

      (a) A Program Account [, an] in the Trust Fund; and

      (b) An Administrative Account and an Endowment Account [.] in the State General Fund.

      3.  The Program Account must be used for the receipt, investment and disbursement of money pursuant to savings trust agreements.

      4.  The Administrative Account must be used for the deposit and disbursement of money to administer and market the Nevada College Savings Program and to supplement the administration and marketing of the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive.

 


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ê2009 Statutes of Nevada, Page 1028 (Chapter 254, SB 63)ê

 

Savings Program and to supplement the administration and marketing of the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive.

      5.  The Endowment Account must be used for the deposit of any money received by the [Trust Fund] Nevada College Savings Program that is not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, is not necessary for the use of the Administrative Account. The money in the Endowment Account may be expended for any purpose related to the Nevada College Savings Program or otherwise to assist the residents of this State to attain postsecondary education.

      Sec. 3.  NRS 354.6025 is hereby amended to read as follows:

      354.6025  1.  Each local government shall submit to the Department of Taxation , annually, an itemized report showing all its outstanding indebtedness. The Department of Taxation shall prescribe the form and time of filing for all such reports.

      2.  Upon receipt of the annual local government reports of indebtedness, the Department of Taxation shall compile the information into a state report of local government indebtedness. Copies of such report shall be submitted to the Governor [, the State Controller] and the Fiscal Analysis Division of the Legislative Counsel Bureau.

      3.  As used in this section, “indebtedness” does not include any liability which is incurred by a local government for the purchase of goods and services on open accounts.

      Sec. 4.  NRS 361.470 is hereby amended to read as follows:

      361.470  On delivering the assessment roll to the ex officio tax receiver, the county auditor shall [:

      1.  Charge] charge the ex officio tax receiver with the full amount of the taxes levied [; and

      2.  Forthwith transmit by mail to the State Controller a statement showing the assessed valuation of all property in the county and the amount of taxes levied thereon for state and county purposes.] as shown on the roll.

      Sec. 5.  NRS 361.725 is hereby amended to read as follows:

      361.725  1.  On the first Monday of September and May in each fiscal year, the district attorney shall attend at the office of the county auditor with the delinquent list or lists, and the county auditor shall then carefully compare the same with the statements filed by the district attorney. If the same shall be found to be correct, the county auditor shall give to the district attorney a receipt specifying the same.

      2.  The district attorney shall at the same time deliver to the county auditor a written statement of all delinquent taxes upon the delinquent list or lists remaining uncollected, or for which suit has not been brought, with his reason in detail for not being able to collect the same, or for not bringing suit.

      3.  The county auditor shall immediately file the delinquent list or lists and statement with the clerk of the board of county commissioners, and the board of county commissioners shall revise the same by striking off such taxes as cannot be collected. The delinquent list or lists [shall] must then be returned to the county auditor, who shall note the changes made [,] and shall then return the same to the district attorney, taking his receipt therefor.

      [4.  The county auditor shall, in his report to the State Controller, state the amounts stricken off the delinquent list or lists by the board of county commissioners.]

 


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ê2009 Statutes of Nevada, Page 1029 (Chapter 254, SB 63)ê

 

      Sec. 6.  NRS 482.1805 is hereby amended to read as follows:

      482.1805  1.  The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the [Motor Vehicle] State Highway Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the [Motor Vehicle] State Highway Fund for credit to the Account.

      2.  The Department shall use the money in the Account to:

      (a) Pay the expenses involved in issuing special license plates; and

      (b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.

      3.  Money in the Account must be used only for the purposes specified in subsection 2.

      4.  At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.

      Sec. 7.  NRS 482.266 is hereby amended to read as follows:

      482.266  1.  A person who desires to have regular or personalized license plates that are substantially in the same color and form as license plates manufactured before January 1, 1982, must:

      (a) Submit a written request for such license plates to the Department in a manner and form prescribed by the Department; and

      (b) In addition to all other applicable registration fees, licensing fees and governmental services taxes, pay the manufacturing fee prescribed by the Department.

Ê A person requesting license plates pursuant to this section must comply with all requirements for registration and licensing pursuant to this chapter. A request for license plates pursuant to this section does not, by itself, constitute a request for special license plates pursuant to subsection 3 of NRS 482.265.

      2.  After receiving a request and the full amount of the payment due for license plates requested pursuant to subsection 1, the Department shall manufacture the license plates using substantially the same process, dies and materials as were used to manufacture license plates before January 1, 1982. The Department shall deliver license plates requested pursuant to this section to a person who requests such license plates within 180 days after acceptance of the written request or after receipt of payment therefor, whichever occurs last.

      3.  The Department shall:

      (a) Prescribe, by regulation, a manner and form for submitting a written request pursuant to subsection 1. The form must include, without limitation, an indication of whether the requester desires to have the same letters and numbers on the license plates requested as are on the license plates that are registered to him at the time of the request.

      (b) Determine the cost of manufacturing a license plate pursuant to this section and prescribe a manufacturing fee, which must not exceed $25, to defray the cost of manufacturing license plates pursuant to this section. The manufacturing fee must be:

 


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ê2009 Statutes of Nevada, Page 1030 (Chapter 254, SB 63)ê

 

            (1) Collected by the Department;

            (2) Deposited with the State Treasurer to the credit of the [Motor Vehicle] State Highway Fund; and

            (3) Allocated to the Revolving Account for the Issuance of Special License Plates created pursuant to NRS 482.1805 to defray the costs of manufacturing license plates pursuant to this section.

      4.  A person who requests license plates pursuant to this section may keep the license plates which are registered to him at the time of the request if the license plates requested contain the same letters and numbers as the license plates which are registered to him at the time of the request.

      Sec. 8.  NRS 487.825 is hereby amended to read as follows:

      487.825  1.  The Revolving Account for the Issuance of Salvage Titles is hereby created as a special account in the [Motor Vehicle] State Highway Fund.

      2.  The Department shall use the money in the Account only to pay the expenses relating to the issuance of salvage titles.

      3.  At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.

      Sec. 9.  NRS 562.195 is hereby amended to read as follows:

      562.195  1.  The Board may enter into a cooperative agreement with a board of county commissioners for the administration of the State Sheep Inspection Account. Upon execution of such an agreement , the State Controller shall transfer all money in the State Sheep Inspection Account in the State General Fund to the appropriate county treasurer for credit to the State Sheep Inspection Account in the county treasury of the county that executed the agreement. The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the State Sheep Inspection Account. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the [President] Chairman of the Board, the Director of the Department of Administration [, the State Controller] and the Legislative Auditor.

      2.  The agreement may include a provision for reimbursement of the county by the Board of any reasonable costs of administering the Account.

      3.  Upon termination of an agreement executed pursuant to subsection 1, the county treasurer shall transfer all money in the State Sheep Inspection Account in the county treasury to the State Sheep Inspection Account in the county treasury of another county that executed an agreement pursuant to subsection 1 or, if no such agreement has been executed, to the State Controller for deposit in the State Sheep Inspection Account in the State General Fund.

      Sec. 10.  NRS 567.125 is hereby amended to read as follows:

      567.125  1.  The Board may enter into a cooperative agreement with a board of county commissioners for the administration of the Woolgrowers’ State Account for Control of Predatory Animals. Upon execution of such an agreement , the State Controller shall transfer all money in the Woolgrowers’ State Account for Control of Predatory Animals in the State General Fund to the appropriate county treasurer for credit to the Woolgrowers’ State Account for Control of Predatory Animals in the county treasury of the county that executed the agreement. The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the Woolgrowers’ State Account for Control of Predatory Animals.

 


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ê2009 Statutes of Nevada, Page 1031 (Chapter 254, SB 63)ê

 

treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the Woolgrowers’ State Account for Control of Predatory Animals. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the [President] Chairman of the Board, the Director of the Department of Administration [, the State Controller] and the Legislative Auditor.

      2.  The agreement may include a provision for reimbursement of the county by the Board of any reasonable costs of administering the Account.

      3.  Upon termination of an agreement executed pursuant to subsection 1, the county treasurer shall transfer all money in the Woolgrowers’ State Account for Control of Predatory Animals in the county treasury to the Woolgrowers’ State Account for Control of Predatory Animals in the county treasury of another county that executed an agreement pursuant to subsection 1 or, if no such agreement has been executed, to the State Controller for deposit in the Woolgrowers’ State Account for Control of Predatory Animals in the State General Fund.

      Sec. 11.  NRS 354.320 is hereby repealed.

      Sec. 12.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 255, SB 100

Senate Bill No. 100–Committee on Judiciary

 

CHAPTER 255

 

AN ACT relating to driving under the influence; revising the provisions governing the period of revocation of a driver’s license upon conviction of certain offenses involving driving under the influence; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the driver’s license of a person convicted of driving under the influence is revoked for a certain period depending upon whether the violation is punishable as a first, second or third or subsequent violation that occurs within a period of 7 years. (NRS 483.460) This bill provides that the period of revocation of the driver’s license of such a person must be based upon the total number of previous violations within a period of 7 years, regardless of how the violation is treated for sentencing purposes.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

 


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ê2009 Statutes of Nevada, Page 1032 (Chapter 255, SB 100)ê

 

      (a) For a period of 3 years if the offense is:

            (1) A violation of subsection 5 of NRS 484.377.

            (2) A third or subsequent violation within 7 years of NRS 484.379 or 484.379778 . [that is punishable as]

            (3) A violation of NRS 484.379 or 484.379778 resulting in a felony conviction pursuant to NRS 484.3792.

            [(3)] (4) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

      (b) For a period of 1 year if the offense is:

            (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

            (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

            (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

            (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

            (5) A second violation within 7 years of NRS 484.379 or 484.379778 [that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792] and the driver is not eligible for a restricted license during any of that period.

            (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379 or 484.379778 . [that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.]

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 or 484.379778 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484.379 [that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792] has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

 


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ê2009 Statutes of Nevada, Page 1033 (Chapter 255, SB 100)ê

 

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 2.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 , [that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792,] and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484.3943:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

            (1) After at least 1 year of the period during which he is not eligible for a license, if he was convicted of:

                  (I) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

                  (II) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792;

            (2) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 5 of NRS 484.377; or

 


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ê2009 Statutes of Nevada, Page 1034 (Chapter 255, SB 100)ê

 

            (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379 . [that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.]

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484.3943, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  After a driver’s license has been revoked or suspended pursuant to title 5 of NRS, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both;

      (b) To receive regularly scheduled medical care for himself or a member of his immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484.379, 484.3795 or 484.384;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 3.  In determining the number of violations committed by a person for the purposes of NRS 483.460 and 483.490, as amended by this act, the amendatory provisions of this act apply to offenses committed before, on or after the effective date of this act.

      Sec. 4.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 1035ê

 

CHAPTER 256, SB 121

Senate Bill No. 121–Committee on Judiciary

 

CHAPTER 256

 

AN ACT relating to real property; exempting from certain licensing and regulation requirements persons who are engaged in the sale of a subdivision which consists solely of undivided interests, which is not located in the State of Nevada, which is offered for investment only and which does not contain lots or parcels; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a sale of subdivided land must comply with certain licensing and regulation requirements. (Chapter 119 of NRS) Existing law exempts certain types of subdivisions or sales of an interest in a subdivision from complying with the provisions of chapter 119 of NRS. (NRS 119.120-119.125) This bill exempts from the licensing and regulation requirements of chapter 119 of NRS the sale of those subdivisions which consist solely of undivided interests, which do not contain lots or parcels, which are not located in the State of Nevada and which are offered for investment purposes only. This bill also provides for: (1) the application for the exemption; (2) the termination of the exemption if the property report from another jurisdiction is revoked, withdrawn or suspended, or a cease and desist order is entered regarding the sale of the land; and (3) a process for the Real Estate Division of the Department of Business and Industry to address complaints filed by a person against the owner, broker or seller of land under this exemption.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 4.  Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this chapter do not apply, unless the method of disposition is adopted to evade those provisions or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the Division by the person electing to be exempt under this subsection, to the sale of an undivided interest in unimproved land if:

      (a) The land has not been divided into lots or parcels;

      (b) The land is not located in this State; and

      (c) The undivided interest is offered for investment purposes and not for short- or long-term residential development purposes.

      2.  The seller of land exempted pursuant to this section must provide a property report from the jurisdiction where the land is located to each potential purchaser of the land.

      3.  The Division shall adopt regulations prescribing the application for an exemption pursuant to this section. The application must be posted by the Division on its Internet website. The application must contain:

      (a) All information necessary to determine if an applicant is qualified for the exemption, including, without limitation, the information contained in paragraphs (a), (b) and (c) of subsection 1;

 


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ê2009 Statutes of Nevada, Page 1036 (Chapter 256, SB 121)ê

 

      (b) The name, address, telephone number and license number, if any, of the owner, broker or seller of the land; and

      (c) A property report issued by the jurisdiction where the land is located.

      4.  An application for an exemption pursuant to this section must be accompanied by the applicable fee specified in NRS 119.320.

      5.  An owner, broker or seller of land who applies for an exemption pursuant to this section must notify the Division of any change of his address, telephone number or other contact information within 10 days after such change. The Division shall update its records to reflect any changes in such information without charge to the owner, broker or seller.

      6.  If the property report issued by another jurisdiction and submitted as part of the application for exemption pursuant to this section is revoked, withdrawn or suspended, or a cease and desist order is issued by the jurisdiction concerning activities relating to the land, the exemption granted pursuant to this section is automatically revoked.

      7.  If a person files a complaint against an owner, broker or seller of land exempted from this chapter pursuant to this section, the Division shall:

      (a) Provide the person with the contact information of the owner, broker or seller of the land that the Division has on file; and

      (b) If the owner, broker or seller is a licensed or registered broker in another jurisdiction, provide the information contained in the complaint to the appropriate regulatory agency of the other jurisdiction.

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ê2009 Statutes of Nevada, Page 1037ê

 

CHAPTER 257, SB 160

Senate Bill No. 160–Committee on Judiciary

 

CHAPTER 257

 

AN ACT relating to government; implementing the constitutional doctrines of separation of powers and legislative privilege and immunity by codifying in statutory form the constitutional right of State Legislators to be protected from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity; confirming that the constitutional doctrine of legislative privilege and immunity provides a testimonial privilege and an evidentiary privilege; revising provisions of the Nevada Ethics in Government Law and other provisions relating to ethics in government; making various statutory changes to comport with the constitutional doctrines of separation of powers and legislative privilege and immunity and with the constitutional provisions governing impeachment, expulsion and removal from office; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that for any speech or debate in either House of the Legislature, a member of the Senate or Assembly shall not be questioned in any other place. The purpose and effect of section 1 is to implement the constitutional doctrines of separation of powers and legislative privilege and immunity by codifying in statutory form the constitutional right of State Legislators to be protected from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

      Under case law, the constitutional doctrine of legislative privilege and immunity provides a testimonial privilege and an evidentiary privilege which protect a Legislator from having to testify or disclose documents in administrative or judicial proceedings when such acts would intrude upon, interfere with or pry into the legislative process. (Gravel v. United States, 408 U.S. 606, 92 S.Ct. 2614 (1972); United States v. Rayburn House Office Bldg., 497 F.3d 654 (D.C. Cir. 2007)). Section 2 of this bill amends the Nevada statute governing testimonial and evidentiary privileges to confirm that the constitutional doctrine of legislative privilege and immunity provides a testimonial privilege and an evidentiary privilege. (NRS 49.015)

      Sections 6, 7.4 and 9 of this bill amend provisions of the Nevada Ethics in Government Law (Ethics Law) to make those provisions comport with the constitutional doctrines of separation of powers and legislative privilege and immunity. (Chapter 281A of NRS) In particular, section 9 amends NRS 281A.420 to clarify that the responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government. However, other provisions of the Ethics Law remain applicable to State Legislators so that, for example, State Legislators will continue to be required to file the same financial disclosure forms as other public officers and the provisions prohibiting misuse of office that are applicable to other public officers will continue to apply to State Legislators with regard to conduct that falls outside the scope of legitimate legislative activity.

 


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ê2009 Statutes of Nevada, Page 1038 (Chapter 257, SB 160)ê

 

financial disclosure forms as other public officers and the provisions prohibiting misuse of office that are applicable to other public officers will continue to apply to State Legislators with regard to conduct that falls outside the scope of legitimate legislative activity. Section 9 also clarifies that the provisions of NRS 281A.420 concerning disclosure, voting and abstention do not apply to State Legislators or allow the Commission on Ethics to exercise jurisdiction or authority over State Legislators with regard to disclosure, voting and abstention.

      On December 22, 2008, the First Judicial District Court in and for Carson City held that the Commission on Ethics could not apply the provisions of NRS 281A.420 concerning disclosure, voting and abstention to State Legislators because under the constitutional doctrines of separation of powers and legislative privilege and immunity, the Legislator’s own House is the only governmental entity that may sanction the Legislator for performing legislative actions, like voting, that fall within the sphere of legitimate legislative activity and are an essential part of the legislative function. (Warren B. Hardy II v. Commission on Ethics, Nev. First Jud. Dist. Ct. Case No. 08 OC 00381 1B (Dec. 22, 2008)) [Legislative Counsel’s Note. The Nevada Supreme Court affirmed the decision of the district court on May 21, 2009. (Commission on Ethics v. Hardy, 125 Nev. Adv. Op. 27, 212 P.3d 1098 (2009)]

      The decision of the district court was based on the Nevada Supreme Court’s pronouncement that “[u]nder the separation of powers doctrine, individual legislators cannot, nor should they, be subject to fines or other penalties for voting in a particular way.” (Guinn v. Legislature, 119 Nev. 460, at 472 (2003)) The decision of the district court was also based on a long line of cases from the United States Supreme Court which hold that under the constitutional doctrines of separation of powers and legislative privilege and immunity, Federal and State Legislators must be free to represent the interests of their constituents with assurance that they will not later be called to task for that representation by the other branches of government. (Tenney v. Brandhove, 341 U.S. 367, 71 S.Ct. 783 (1951); Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944 (1969); Gravel v. United States, 408 U.S. 606, 92 S.Ct. 2614 (1972); Supreme Court of Virginia v. Consumers Union, 446 U.S. 719, 100 S.Ct. 1967 (1980)) Given this well-established and long-standing precedent, the district court found that the constitutional doctrines of separation of powers and legislative privilege and immunity are intended to protect the independence of individual Legislators by giving them broad freedom of speech, debate, deliberation and action during the legislative process and by shielding them from executive and judicial oversight that realistically threatens to control their conduct as Legislators.

      Thus, because of the constitutional doctrines of separation of powers and legislative privilege and immunity, the district court determined that any inquiry into the ethical propriety of legislative actions concerning disclosure, voting and abstention must be conducted by the Legislative Department and cannot be conducted by an administrative agency of the Executive Department, such as the Commission on Ethics. The district court also determined that because each House is given the exclusive constitutional power to determine the rules of its legislative proceedings and to punish its members for improper conduct related to those legislative proceedings, the Standing Rules adopted by each House concerning disclosure, voting and abstention take precedence over NRS 281A.420. Therefore, out of respect for the separation of powers under Section 1 of Article 3 of the Nevada Constitution and out of respect for the exclusive constitutional power of each House to determine its rules and punish its members under Section 6 of Article 4 of the Nevada Constitution, the district court held that the determination of whether a State Legislator has properly followed the Standing Rules concerning disclosure, voting and abstention is a matter reserved exclusively to the Legislator’s own House.

      Finally, the district court emphasized that its decision applied only to the provisions of NRS 281A.420 concerning disclosure, voting and abstention and that the constitutional doctrines of separation of powers and legislative privilege and immunity do not provide State Legislators with blanket protection from the Nevada Ethics in Government Law. Rather, State Legislators remain subject to the Ethics Law for conduct that falls outside the scope of legitimate legislative activity.

 


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ê2009 Statutes of Nevada, Page 1039 (Chapter 257, SB 160)ê

 

      Sections 3.4-5.4 and 7.2-8.23 of this bill clarify the meaning of terms used in the Ethics Law and codify long-standing interpretations of those terms. Additionally, the definitions in sections 4 and 5 ensure that the Ethics Law accurately reflects the constitutional and legal differences between a “State Legislator” and a “member of a local legislative body.” The definition of “investigatory panel” in section 8.1 recognizes that when the two-member panel is deciding whether there is just and sufficient cause to refer an ethics complaint to the Commission for a hearing, the panel is performing an investigatory function, not an adjudicatory function. Section 8.2 revises and clarifies the definition of “public officer” in the Ethics Law by employing terminology used in the definition of “public officer” in NRS 281.005 and by including members of boards of trustees of general improvement districts within the meaning of the term “public officer.”

      Sections 3.4, 3.6, 8.23 and 17.5 of this bill define the terms “intentionally,” “knowingly,” “willful violation” and “willfully” in the Ethics Law to conform with the legal meanings generally ascribed to those terms. A “willful” act is an act done intentionally and knowingly. (In re Fine, 116 Nev. 1001 (2000); Black’s Law Dictionary 1593 (7th ed. 1999) (defining “willful”)) A person acts “intentionally” when he acts voluntarily or deliberately, rather than accidentally or inadvertently. (Batt v. State, 111 Nev. 1127 (1995); In re Fine, 116 Nev. 1001 (2000); Nevada Service Employees Union v. Orr, 121 Nev. 675 (2005)) A person acts “knowingly” when he has knowledge of the facts which constitute the act or omission. (NRS 193.017, 624.024; State v. Rhodig, 101 Nev. 608 (1985); Garcia v. Sixth Jud. Dist. Ct., 117 Nev. 697 (2001))

      Section 5.6 of this bill clarifies that public officers and employees cannot assert common-law privileges and immunities in proceedings under the Ethics Law but may assert constitutional or statutory privileges and immunities in such proceedings.

      Section 5.8 of this bill moves the existing provisions of NRS 281.236 into the Ethics Law so that those provisions may be enforced by the Commission on Ethics. Under the existing provisions of NRS 281.236, certain regulated businesses and industries must observe a 1-year “cooling off” period before they may hire a former public officer or employee who had significant involvement in regulating the business or industry. Section 5.8 contains the same substantive provisions as NRS 281.236, except that the requirement to observe the 1-year “cooling off” period is imposed on the former public officer or employee instead of on the regulated business or industry.

      Sections 8.25, 8.35 and 8.45 of this bill clarify existing provisions of the Ethics Law which prohibit members of the Commission on Ethics and the Commission’s Executive Director and Counsel from performing certain lobbying activities on behalf of private parties. (NRS 281A.200, 281A.230, 281A.250) Section 8.35 also provides that the Executive Director must have experience in administration, investigations and law.

      The Ethics Law imposes civil penalties for certain violations (NRS 281A.480), but it does not contain an express statute of limitations. When a law imposes civil penalties but does not contain an express statute of limitations, it is presumed that the Legislature intended for a generally applicable statute of limitations to apply to proceedings brought under the law. (DelCostello v. Int’l Bhd. of Teamsters, 462 U.S. 151, 103 S.Ct. 2281 (1983); 3M Co. v. Browner, 17 F.3d 1453 (D.C. Cir. 1994); 51 Am. Jur. 2d Limitation of Actions § 129 (2000)) Because NRS 11.190 contains a generally applicable 2-year statute of limitations for actions brought upon a statute for a penalty or forfeiture, the 2-year period in NRS 11.190 is presumptively applicable to proceedings brought under the Ethics Law. (Community Cause v. Boatwright, 177 Cal. Rptr. 657 (Cal. Ct. App. 1981)) For purposes of clarity and certainty of application, sections 8.55 and 26 of this bill codify the existing 2-year statute of limitations expressly into the Ethics Law. (NRS 281A.280)

 


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ê2009 Statutes of Nevada, Page 1040 (Chapter 257, SB 160)ê

 

      The Ethics Law places restrictions on certain public officers and employees with regard to representing or counseling a private person for compensation before various agencies. (NRS 281A.410) Section 8.7 of this bill clarifies those restrictions by replacing the terms “member of the executive branch” and “member of the legislative branch” with more specific, descriptive and accurate terms. Section 8.7 also clarifies the methods for filing the disclosure form certain public officers must file if they have represented or counseled a private person for compensation before certain agencies.

      The Ethics Law requires public officers to disclose conflicts of interest and to abstain from voting because of certain types of conflicts. (NRS 281A.420) Because public officers must disclose conflicts before determining whether to abstain, section 9.5 of this bill rearranges the order of the existing disclosure and abstention provisions in the statute so that the disclosure provisions come before the abstention provisions. Section 9.5 also changes the abstention requirements which apply to members of certain county and city planning commissions so that those members are subject to the same abstention requirements which apply to other public officers under the statute.

      Section 9.5 additionally requires the Commission to give appropriate weight and proper deference to the public policy of this State which favors the right of public officers to vote, provided they have properly disclosed all conflicts. Under this public policy, abstention is required only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the conflicts. This public policy demands proper disclosures of conflicts but prefers fewer instances of abstention because abstention disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs.

      The Ethics Law allows public officers and employees to bid on or enter into contracts with governmental agencies when certain requirements are met, including that the contracting process is controlled by the rules of competitive bidding. (NRS 281A.430) Section 11 of this bill allows public officers and employees to enter into such contracts in situations where existing law exempts the contracts from the rules of competitive bidding because the contract is an emergency contract or because no responsible bids were received in response to a previous request for bids on the contract. (NRS 332.112, 332.148)

      The Ethics Law contains procedures for investigating and adjudicating alleged ethical violations. (NRS 281A.440) Section 12 of this bill: (1) authorizes a public officer or employee who requested an advisory opinion regarding his own conduct to waive certain time limits; (2) provides a public officer or employee with 30 days to file an informational response to an ethics complaint and also provides that no objection or defense is waived by the failure to assert it in the informational response or during the investigatory stage of the proceedings; (3) grants the Executive Director an additional 10 days to complete his investigation of an ethics complaint and to present a recommendation regarding just and sufficient cause to the investigatory panel; and (4) grants the Commission a total of 60 days to hold a hearing and render an opinion if the investigatory panel finds just and sufficient cause, unless the public officer or employee waives the time limit.

      The Ethics Law requires public officers to file a form acknowledging that they have received, read and understand the statutory ethical standards. (NRS 281A.500) Section 14 of this bill requires public officers to file the form at certain times while holding office and to acknowledge in the form that they have a responsibility to inform themselves of any amendments to the statutory ethical standards. Section 14 provides methods for public officers to obtain hard copies of the statutory ethical standards and also provides for Internet access to the statutory ethical standards. Section 14 additionally clarifies the methods for filing the form and provides that the willful refusal to execute and file the form constitutes a willful violation of the Ethics Law.

 


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ê2009 Statutes of Nevada, Page 1041 (Chapter 257, SB 160)ê

 

      Finally, when the Nevada Constitution specifies a particular method for removing a public officer from office for misconduct, that constitutional method is exclusive, and the public officer may not be removed from office through statutory removal proceedings. Because certain elected and appointed state officers may be removed from office only through impeachment pursuant to Article 7 of the Nevada Constitution, they may not be removed from office through statutory removal proceedings. (Robison v. First Jud. Dist. Ct., 73 Nev. 169 (1957)) Similarly, because State Legislators may be removed from office only through expulsion by their own House pursuant to Section 6 of Article 4 of the Nevada Constitution, they may not be removed from office through impeachment or statutory removal proceedings. (Hiss v. Bartlett, 69 Mass. 468 (1855); State ex rel. Martin v. Gilmore, 20 Kan. 551 (1878); In re Speakership, 25 P. 707 (Colo. 1891); State ex rel. Haviland v. Beadle, 111 P. 720 (Mont. 1910); State ex rel. Ezzell v. Shumate, 113 S.W.2d 381 (Tenn. 1938); State ex rel. Danforth v. Hickey, 475 S.W.2d 617 (Mo. 1972)) Sections 13 and 18-24 of this bill conform existing statutory law with the constitutional provisions governing impeachment, expulsion and removal from office.

 

 

      Whereas, The doctrine of separation of powers is fundamental to our system of State Government; and

      Whereas, The constitutional source of the doctrine of separation of powers is Section 1 of Article 3 of the Nevada Constitution, which establishes a tripartite system of State Government and which firmly fixes the principle of separation of powers in the organic law of this State; and

      Whereas, Under the doctrine of separation of powers, when the Nevada Constitution expressly grants the Legislative Department an exclusive power, the other Departments of State Government may not usurp, exercise, infringe upon or interfere with that exclusive power out of respect for an equal and coordinate branch of government; and

      Whereas, Under Section 6 of Article 4 of the Nevada Constitution, each House of the Legislature has the exclusive constitutional power to determine the rules of its legislative proceedings and to punish its members for improper conduct related to those legislative proceedings; and

      Whereas, Because Section 6 of Article 4 of the Nevada Constitution creates an exclusive constitutional power in each House, neither the Legislature nor one of the Houses may delegate that exclusive constitutional power to another branch of government; and

      Whereas, For centuries, freedom of speech, debate, deliberation and action in National and State Legislatures has been recognized as essential to protect the integrity of the legislative process by ensuring that individual Legislators may perform their core or essential legislative functions without harassment, intimidation or interference by the other branches of government; and

      Whereas, Legislative privilege and immunity has its origins in the Parliamentary struggles of the 16th and 17th centuries when the English monarchs used civil and criminal proceedings to harass, intimidate and suppress members of Parliament who were critical of the Crown; and

      Whereas, Legislative privilege and immunity was first codified in the English Bill of Rights of 1689, which provided “That the Freedom of Speech, and Debates or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament”; and

      Whereas, Legislative privilege and immunity was extended to Legislators in the American Colonies where freedom of speech, debate, deliberation and action in the legislative process was taken as a matter of course by those who severed the American Colonies from the Crown and who became the Founders of our Nation; and

 


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ê2009 Statutes of Nevada, Page 1042 (Chapter 257, SB 160)ê

 

course by those who severed the American Colonies from the Crown and who became the Founders of our Nation; and

      Whereas, The Founders of our Nation viewed legislative privilege and immunity as fundamental to the system of checks and balances and indispensable to the constitutional structure of separate, coequal and independent branches of government; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Legislature hereby finds and declares that:

      (a) The Framers of the Nevada Constitution created a system of checks and balances so that the constitutional powers separately vested in the Legislative, Executive and Judicial Departments of State Government may be exercised without intrusion from the other Departments.

      (b) As part of the system of checks and balances, the constitutional doctrines of separation of powers and legislative privilege and immunity facilitate the autonomy of the Legislative Department by curtailing intrusions by the Executive or Judicial Department into the sphere of legitimate legislative activities.

      (c) The constitutional doctrines of separation of powers and legislative privilege and immunity protect State Legislators from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

      (d) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must not be hindered or obstructed by executive or judicial oversight that realistically threatens to control their conduct as Legislators.

      (e) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must be free to represent the interests of their constituents with assurance that they will not later be called to task for that representation by the other branches of government.

      (f) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must not be questioned or sanctioned by the other branches of government for their actions in carrying out their core or essential legislative functions.

      (g) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, the only governmental entity that may question or sanction a State Legislator for any actions taken within the sphere of legitimate legislative activity is the Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      (h) Therefore, the purpose and effect of this section is to implement the constitutional doctrines of separation of powers and legislative privilege and immunity by codifying in statutory form the constitutional right of State Legislators to be protected from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

 


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ê2009 Statutes of Nevada, Page 1043 (Chapter 257, SB 160)ê

 

administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

      2.  For any speech or debate in either House, a State Legislator shall not be questioned in any other place.

      3.  In interpreting and applying the provisions of this section, the interpretation and application given to the constitutional doctrines of separation of powers and legislative privilege and immunity under the Speech or Debate Clause of Section 6 of Article I of the Constitution of the United States must be considered to be persuasive authority.

      4.  The rights, privileges and immunities recognized by this section are in addition to any other rights, privileges and immunities recognized by law.

      5.  As used in this section, “State Legislator” or “Legislator” means a member of the Senate or Assembly of the State of Nevada.

      Sec. 2.  NRS 49.015 is hereby amended to read as follows:

      49.015  1.  Except as otherwise required by the Constitution of the United States or of the State of Nevada, and except as otherwise provided in this title or title 14 of NRS, or section 1 of this act, no person has a privilege to:

      (a) Refuse to be a witness;

      (b) Refuse to disclose any matter;

      (c) Refuse to produce any object or writing; or

      (d) Prevent another from being a witness or disclosing any matter or producing any object or writing.

      2.  This section does not:

      (a) Impair any privilege created by title 14 of NRS or by the Nevada Rules of Civil Procedure which is limited to a particular stage of the proceeding; or

      (b) Extend any such privilege to any other stage of a proceeding.

      Sec. 3.  Chapter 281A of NRS is hereby amended by adding thereto the provisions set forth as sections 3.4 to 5.8, inclusive, of this act.

      Sec. 3.4.  “Intentionally” means voluntarily or deliberately, rather than accidentally or inadvertently. The term does not require proof of bad faith, ill will, evil intent or malice.

      Sec. 3.6.  “Knowingly” imports a knowledge that the facts exist which constitute the act or omission, and does not require knowledge of the prohibition against the act or omission. Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent person upon inquiry.

      Sec. 4.  “Member of a local legislative body” means a member of a board of county commissioners, a governing body of a city or a governing body of any other political subdivision who performs any function that involves introducing, voting upon or otherwise acting upon any matter of a permanent or general character which may reflect public policy and which is not typically restricted to identifiable persons or groups.

      Sec. 4.4.  “Opinion” includes, without limitation, the disposition of a request for an opinion by stipulation, agreed settlement, consent order or default as authorized by NRS 233B.121.

      Sec. 4.6.  “Political subdivision” means any county, city or other local government as defined in NRS 354.474.

      Sec. 5.  “State Legislator” or “Legislator” means a member of the Senate or Assembly of the State of Nevada.

 


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      Sec. 5.4.  In applying the provisions of this chapter to an alleged violation by a former public officer or employee, the use of the term “public officer” or “public employee” in this chapter must be interpreted to include the former public officer or employee, unless the commencement of proceedings against the former public officer or employee concerning the alleged violation is time-barred by the statute of limitations pursuant to NRS 281A.280.

      Sec. 5.6.  1.  In any proceeding commenced against a public officer or employee pursuant to the authority of this chapter, including any judicial review thereof, the public officer or employee who is the subject of the proceeding may not assert, claim or raise any common-law privilege or immunity as an affirmative defense, for testimonial or evidentiary purposes or for any other purpose.

      2.  The provisions of this chapter are intended to abrogate common-law privileges and immunities only in a proceeding commenced pursuant to the authority of this chapter and only for the public officer or employee who is the subject of the proceeding. This abrogation of common-law privileges and immunities does not apply to or affect:

      (a) Any privilege or immunity granted by the Constitution of the United States or of the State of Nevada or by section 1 of this act, chapter 49 of NRS or any other statute;

      (b) Any person who is not the subject of the proceeding; or

      (c) Any other proceeding that is not commenced pursuant to the authority of this chapter.

      Sec. 5.8.  1.  A former member of the Public Utilities Commission of Nevada shall not:

      (a) Be employed by a public utility or parent organization or subsidiary of a public utility; or

      (b) Appear before the Public Utilities Commission of Nevada to testify on behalf of a public utility or parent organization or subsidiary of a public utility,

Ê for 1 year after the termination of his service on the Public Utilities Commission of Nevada.

      2.  A former member of the State Gaming Control Board or the Nevada Gaming Commission shall not:

      (a) Appear before the State Gaming Control Board or the Nevada Gaming Commission on behalf of a person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada Gaming Commission pursuant to chapter 463 of NRS; or

      (b) Be employed by such a person,

Ê for 1 year after the termination of his service on the State Gaming Control Board or the Nevada Gaming Commission.

      3.  In addition to the prohibitions set forth in subsections 1 and 2, and except as otherwise provided in subsections 4 and 6, a former public officer or employee of a board, commission, department, division or other agency of the Executive Department of State Government, except a clerical employee, shall not solicit or accept employment from a business or industry whose activities are governed by regulations adopted by the board, commission, department, division or other agency for 1 year after the termination of his service or period of employment if:

      (a) His principal duties included the formulation of policy contained in the regulations governing the business or industry;

 


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      (b) During the immediately preceding year, he directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry which might, but for this section, employ him; or

      (c) As a result of his governmental service or employment, he possesses knowledge of the trade secrets of a direct business competitor.

      4.  The provisions of subsection 3 do not apply to a former public officer who was a member of a board, commission or similar body of the State if:

      (a) The former public officer is engaged in the profession, occupation or business regulated by the board, commission or similar body;

      (b) The former public officer holds a license issued by the board, commission or similar body; and

      (c) Holding a license issued by the board, commission or similar body is a requirement for membership on the board, commission or similar body.

      5.  Except as otherwise provided in subsection 6, a former public officer or employee of the State or a political subdivision, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or political subdivision, as applicable, for 1 year after the termination of the officer’s or employee’s service or period of employment, if:

      (a) The amount of the contract exceeded $25,000;

      (b) The contract was awarded within the 12-month period immediately preceding the termination of the officer’s or employee’s service or period of employment; and

      (c) The position held by the former public officer or employee at the time the contract was awarded allowed him to affect or influence the awarding of the contract.

      6.  A current or former public officer or employee may request that the Commission apply the relevant facts in his case to the provisions of subsection 3 or 5, as applicable, and determine whether relief from the strict application of those provisions is proper. If the Commission determines that relief from the strict application of the provisions of subsection 3 or 5, as applicable, is not contrary to:

      (a) The best interests of the public;

      (b) The continued ethical integrity of the State Government or political subdivision, as applicable; and

      (c) The provisions of this chapter,

Ê it may issue an opinion to that effect and grant such relief. The opinion of the Commission in such a case is final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the current or former public officer or employee.

      7.  Each request for an opinion that a current or former public officer or employee submits to the Commission pursuant to subsection 6, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the current or former public officer or employee who requested the opinion:

 


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ê2009 Statutes of Nevada, Page 1046 (Chapter 257, SB 160)ê

 

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

      (b) Discloses the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto; or

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      8.  A meeting or hearing that the Commission or an investigatory panel holds to receive information or evidence concerning the propriety of the conduct of a current or former public officer or employee pursuant to this section and the deliberations of the Commission and the investigatory panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

      9.  As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038 and also includes regulations adopted by a board, commission, department, division or other agency of the Executive Department of State Government that is exempted from the requirements of chapter 233B of NRS.

      Sec. 6.  NRS 281A.020 is hereby amended to read as follows:

      281A.020  1.  It is hereby declared to be the public policy of this State that:

      (a) A public office is a public trust and shall be held for the sole benefit of the people.

      (b) A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.

      2.  The Legislature finds and declares that:

      (a) The increasing complexity of state and local government, more and more closely related to private life and enterprise, enlarges the potentiality for conflict of interests.

      (b) To enhance the people’s faith in the integrity and impartiality of public officers and employees, adequate guidelines are required to show the appropriate separation between the roles of persons who are both public servants and private citizens.

      (c) [Members of the Legislature] In interpreting and applying the provisions of this chapter that are applicable to State Legislators, the Commission must give appropriate weight and proper deference to the public policy of this State under which State Legislators serve as “citizen Legislators” who have other occupations and business interests [. Each Legislator has] , who are expected to have particular philosophies and perspectives that are necessarily influenced by the life experiences of [that] the Legislator, including, without limitation, professional, family and business experiences [. Our system assumes that Legislators will] , and who are expected to contribute those philosophies and perspectives to the debate over issues with which the Legislature is confronted. [The law concerning ethics in government is not intended to require a member of the Legislature to abstain on issues which might affect his interests, provided those interests are properly disclosed and that the benefit or detriment accruing to him is not greater than that accruing to any other member of the general business, profession, occupation or group.]

 


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      (d) The provisions of this chapter do not, under any circumstances, allow the Commission to exercise jurisdiction or authority over or inquire into, intrude upon or interfere with the functions of a State Legislator that are protected by legislative privilege and immunity pursuant to the Constitution of the State of Nevada or section 1 of this act.

      Sec. 7.  NRS 281A.030 is hereby amended to read as follows:

      281A.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 281A.040 to 281A.170, inclusive, and sections 3.4 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7.2.  NRS 281A.040 is hereby amended to read as follows:

      281A.040  “Business entity” means [any] an organization or enterprise operated for economic gain, including, without limitation, a proprietorship, partnership, firm, business, company, trust, joint venture, syndicate, corporation or [other enterprise doing business in the State of Nevada.] association.

      Sec. 7.4.  NRS 281A.080 is hereby amended to read as follows:

      281A.080  1.  The making of a “decision” is the exercise of governmental power to adopt laws, regulations or standards, render quasi-judicial decisions, establish executive policy or determine questions involving substantial discretion.

      2.  The term does not include [the] :

      (a) The functions of the judiciary.

      (b) The functions of a State Legislator that are protected by legislative privilege and immunity pursuant to the Constitution of the State of Nevada or section 1 of this act.

      Sec. 8.  (Deleted by amendment.)

      Sec. 8.1.  NRS 281A.140 is hereby amended to read as follows:

      281A.140  [“Panel” means the] “Investigatory panel” or “panel” means an investigatory panel appointed by the Commission pursuant to NRS 281A.220.

      Sec. 8.15.  NRS 281A.150 is hereby amended to read as follows:

      281A.150  “Public employee” means any person who performs public duties under the direction and control of a public officer for compensation paid by the State [, a county or an incorporated city.] or any county, city or other political subdivision.

      Sec. 8.2.  NRS 281A.160 is hereby amended to read as follows:

      281A.160  1.  “Public officer” means a person elected or appointed to a position which [is] :

      (a) Is established by the Constitution of the State of Nevada, a statute of this State or [an] a charter or ordinance of any [of its counties or incorporated cities and which involves] county, city or other political subdivision; and

      (b) Involves the exercise of a public power, trust or duty. As used in this section, “the exercise of a public power, trust or duty” means:

      [(a)] (1) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;

      [(b)] (2) The expenditure of public money; and

      [(c)] (3) The administration of laws and rules of the State [, a county or a city.] or any county, city or other political subdivision.

 


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      2.  “Public officer” does not include:

      (a) Any justice, judge or other officer of the court system;

      (b) Any member of a board, commission or other body whose function is advisory;

      (c) Any member of a [board of trustees for a general improvement district or] special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

      (d) A county health officer appointed pursuant to NRS 439.290.

      3.  “Public office” does not include an office held by:

      (a) Any justice, judge or other officer of the court system;

      (b) Any member of a board, commission or other body whose function is advisory;

      (c) Any member of a [board of trustees for a general improvement district or] special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

      (d) A county health officer appointed pursuant to NRS 439.290.

      Sec. 8.23.  NRS 281A.170 is hereby amended to read as follows:

      281A.170  “Willful violation” means a violation where the public officer or employee [knew or reasonably should have known that his conduct violated] :

      1.  Acted intentionally and knowingly; or

      2.  Was in a situation where this chapter imposed a duty to act and the public officer or employee intentionally and knowingly failed to act in the manner required by this chapter.

      Sec. 8.25.  NRS 281A.200 is hereby amended to read as follows:

      281A.200  1.  The Commission on Ethics, consisting of eight members, is hereby created.

      2.  The Legislative Commission shall appoint to the Commission four residents of the State, at least two of whom are former public officers, and at least one of whom must be an attorney licensed to practice law in this State.

      3.  The Governor shall appoint to the Commission four residents of the State, at least two of whom must be former public officers or public employees, and at least one of whom must be an attorney licensed to practice law in this State.

      4.  Not more than four members of the Commission may be members of the same political party. Not more than four members may be residents of the same county.

      5.  None of the members of the Commission may [:] , while he is serving on the Commission:

      (a) Hold another public office;

      (b) Be actively involved in the work of any political party or political campaign; or

      (c) Communicate directly with a State Legislator or a member of [the legislative branch] a local legislative body on behalf of someone other than himself or the Commission, for compensation, to influence [legislative action,

Ê while he is serving on the Commission.] :

            (1) The State Legislator with regard to introducing or voting upon any matter or taking other legislative action; or

 


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            (2) The member of the local legislative body with regard to introducing or voting upon any ordinance or resolution, taking other legislative action or voting upon:

                  (I) The appropriation of public money;

                  (II) The issuance of a license or permit; or

                  (III) Any proposed subdivision of land or special exception or variance from zoning regulations.

      6.  After the initial terms, the terms of the members are 4 years. Any vacancy in the membership must be filled by the appropriate appointing authority for the unexpired term. Each member may serve no more than two consecutive full terms.

      Sec. 8.3.  NRS 281A.220 is hereby amended to read as follows:

      281A.220  1.  The Chairman shall appoint one or more investigatory panels of two members of the Commission on a rotating basis to review the determinations of just and sufficient cause made by the Executive Director pursuant to NRS 281A.440 and make a final determination regarding whether there is just and sufficient cause [exists] for the Commission to render an opinion [.] in a matter.

      2.  The Chairman and Vice Chairman of the Commission may not serve together on [a] an investigatory panel.

      3.  The members of [a] an investigatory panel may not be members of the same political party.

      4.  If [a] an investigatory panel [finds] determines that there is just and sufficient cause for the Commission to render an opinion in a matter, the members of the investigatory panel shall not participate in any further proceedings of the Commission relating to that matter.

      Sec. 8.35.  NRS 281A.230 is hereby amended to read as follows:

      281A.230  1.  The Commission shall appoint, within the limits of legislative appropriation, an Executive Director who shall perform the duties set forth in this chapter and such other duties as may be prescribed by the Commission.

      2.  The Executive Director must have experience in administration, [law enforcement, investigations or] investigations and law.

      3.  The Executive Director is in the unclassified service of the State.

      4.  The Executive Director shall devote his entire time and attention to the business of the Commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of his duties.

      5.  The Executive Director may not:

      (a) Be actively involved in the work of any political party or political campaign; or

      (b) [Communicate] Except in pursuit of the business of the Commission, communicate directly or indirectly with a State Legislator or a member of [the legislative branch] a local legislative body on behalf of someone other than himself to influence [legislative action, except in pursuit of the business of the Commission.] :

            (1) The State Legislator with regard to introducing or voting upon any matter or taking other legislative action; or

            (2) The member of the local legislative body with regard to introducing or voting upon any ordinance or resolution, taking other legislative action or voting upon:

 


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                  (I) The appropriation of public money;

                  (II) The issuance of a license or permit; or

                  (III) Any proposed subdivision of land or special exception or variance from zoning regulations.

      Sec. 8.4.  NRS 281A.240 is hereby amended to read as follows:

      281A.240  1.  In addition to any other duties imposed upon him, the Executive Director shall:

      (a) Maintain complete and accurate records of all transactions and proceedings of the Commission.

      (b) Receive requests for opinions pursuant to NRS 281A.440.

      (c) Gather information and conduct investigations regarding requests for opinions received by the Commission and submit recommendations to the investigatory panel appointed pursuant to NRS 281A.220 regarding whether there is just and sufficient cause to render an opinion in response to a particular request.

      (d) Recommend to the Commission any regulations or legislation that he considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.

      (e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that he is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.

      (f) Perform such other duties, not inconsistent with law, as may be required by the Commission.

      2.  The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of his duties relating to:

      (a) The administration of the affairs of the Commission;

      (b) The review of statements of financial disclosure; and

      (c) The investigation of matters under the jurisdiction of the Commission.

      Sec. 8.45.  NRS 281A.250 is hereby amended to read as follows:

      281A.250  1.  The Commission shall appoint, within the limits of legislative appropriation, a Commission Counsel who shall perform the duties set forth in this chapter and such other duties as may be prescribed by the Commission.

      2.  The Commission Counsel must be an attorney who is licensed to practice law in this State.

      3.  The Commission Counsel is in the unclassified service of the State.

      4.  The Commission Counsel shall devote his entire time and attention to the business of the Commission and shall not pursue any other business or occupation or hold any other office of profit that detracts from the full and timely performance of his duties.

      5.  The Commission Counsel may not:

      (a) Be actively involved in the work of any political party or political campaign; or

 


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ê2009 Statutes of Nevada, Page 1051 (Chapter 257, SB 160)ê

 

      (b) [Communicate] Except in pursuit of the business of the Commission, communicate directly or indirectly with a State Legislator or a member of [the legislative branch] a local legislative body on behalf of someone other than himself to influence [legislative action, except in pursuit of the business of the Commission.] :

            (1) The State Legislator with regard to introducing or voting upon any matter or taking other legislative action; or

            (2) The member of the local legislative body with regard to introducing or voting upon any ordinance or resolution, taking other legislative action or voting upon:

                  (I) The appropriation of public money;

                  (II) The issuance of a license or permit; or

                  (III) Any proposed subdivision of land or special exception or variance from zoning regulations.

      Sec. 8.5.  NRS 281A.260 is hereby amended to read as follows:

      281A.260  1.  The Commission Counsel is the legal adviser to the Commission. For each opinion of the Commission, the Commission Counsel shall prepare, at the direction of the Commission, the appropriate findings of fact and conclusions as to relevant standards and the propriety of particular conduct within the time set forth in subsection [4] 6 of NRS 281A.440. The Commission Counsel shall not issue written opinions concerning the applicability of the statutory ethical standards to a given set of facts and circumstances except as directed by the Commission.

      2.  The Commission may rely upon the legal advice of the Commission Counsel in conducting its daily operations.

      3.  If the Commission Counsel is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Commission may:

      (a) Request that the Attorney General appoint a deputy to act in the place of the Commission Counsel; or

      (b) Employ outside legal counsel.

      Sec. 8.55.  NRS 281A.280 is hereby amended to read as follows:

      281A.280  1.  The Commission has jurisdiction to investigate and take appropriate action regarding an alleged violation of this chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:

      (a) The filing of a request for an opinion with the Commission; or

      (b) The Commission on its own motion [.

      2.  The provisions of subsection 1 apply to a public officer or employee who:

      (a) Currently holds public office or is publicly employed at the commencement of proceedings against him.

      (b) Resigns or otherwise leaves his public office or employment:

            (1) After the commencement of proceedings against him; or

            (2) Within 1 year] ,

Ê within 2 years after the alleged violation or reasonable discovery of the alleged violation.

      2.  For the purposes of this section, a proceeding is commenced:

      (a) On the date on which a request for an opinion is filed in the proper form with the Commission in accordance with the regulations of the Commission; or

 


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ê2009 Statutes of Nevada, Page 1052 (Chapter 257, SB 160)ê

 

      (b) If the proceeding is commenced by the Commission on its own motion, on the date on which the Commission serves the public officer or employee or former public officer or employee with notice of the proceeding in accordance with the regulations of the Commission.

      Sec. 8.6.  NRS 281A.300 is hereby amended to read as follows:

      281A.300  1.  The Chairman and Vice Chairman of the Commission may administer oaths.

      2.  The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Upon the request of the Executive Director or the public officer or public employee who is the subject of a request for an opinion, the Chairman or, in his absence, the Vice Chairman, may issue a subpoena to compel the attendance of a witness and the production of books and papers.

      3.  Before issuing a subpoena to a public officer or public employee who is the subject of a request for an opinion, the Executive Director shall submit a written request to the public officer or public employee requesting:

      (a) His appearance as a witness; or

      (b) His production of any books and papers relating to the request for an opinion.

      4.  Each written request submitted by the Executive Director pursuant to subsection 3 must specify the time and place for the attendance of the public officer or public employee or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or public employee fails or refuses to attend at the time and place specified or produce the books and papers requested by the Executive Director within 5 business days after receipt of the request, the Chairman may issue the subpoena. Failure of the public officer or public employee to comply with the written request of the Executive Director shall be deemed a waiver by the public officer or public employee of the time set forth in subsections [3 and] 4 , 5 and 6 of NRS 281A.440.

      5.  If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the Chairman of the Commission may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Commission pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission.

      6.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the Commission. A certified copy of the order must be served upon the witness.

      7.  If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission, at the time and place fixed in the order, and testify or produce the required books and papers.

 


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ê2009 Statutes of Nevada, Page 1053 (Chapter 257, SB 160)ê

 

produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

      Sec. 8.65.  NRS 281A.400 is hereby amended to read as follows:

      281A.400  A code of ethical standards is hereby established to govern the conduct of public officers and employees:

      1.  A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.

      2.  A public officer or employee shall not use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any business entity in which he has a significant pecuniary interest, or any person to whom he has a commitment in a private capacity to the interests of that person. As used in this subsection:

      (a) “Commitment in a private capacity to the interests of that person” has the meaning ascribed to “commitment in a private capacity to the interests of others” in subsection 8 of NRS 281A.420.

      (b) “Unwarranted” means without justification or adequate reason.

      3.  A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any [private] business entity in which he has a significant pecuniary interest.

      4.  A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.

      5.  If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he shall not use the information to further the pecuniary interests of himself or any other person or business entity.

      6.  A public officer or employee shall not suppress any governmental report or other document because it might tend to affect unfavorably his pecuniary interests.

      7.  [A] Except for State Legislators who are subject to the restrictions set forth in subsection 8, a public officer or employee [, other than a member of the Legislature,] shall not use governmental time, property, equipment or other facility to benefit his personal or financial interest. This subsection does not prohibit:

      (a) A limited use of governmental property, equipment or other facility for personal purposes if:

            (1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;

            (2) The use does not interfere with the performance of his public duties;

            (3) The cost or value related to the use is nominal; and

            (4) The use does not create the appearance of impropriety;

      (b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

 


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ê2009 Statutes of Nevada, Page 1054 (Chapter 257, SB 160)ê

 

      (c) The use of telephones or other means of communication if there is not a special charge for that use.

Ê If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.

      8.  A [member of the Legislature] State Legislator shall not:

      (a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of himself or any other person. This paragraph does not prohibit:

            (1) A limited use of state property and resources for personal purposes if:

                  (I) The use does not interfere with the performance of his public duties;

                  (II) The cost or value related to the use is nominal; and

                  (III) The use does not create the appearance of impropriety;

            (2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

            (3) The use of telephones or other means of communication if there is not a special charge for that use.

      (b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:

            (1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the Legislator or legislative employee to perform his official duties; or

            (2) Where such service has otherwise been established as legislative policy.

      9.  A public officer or employee shall not attempt to benefit his personal or financial interest through the influence of a subordinate.

      10.  A public officer or employee shall not seek other employment or contracts through the use of his official position.

      Sec. 8.7.  NRS 281A.410 is hereby amended to read as follows:

      281A.410  In addition to the requirements of the code of ethical standards:

      1.  [A member of the executive branch or] If a public officer or employee [of the executive branch shall] serves in a state agency of the Executive Department or an agency of any county, city or other political subdivision, the public officer or employee:

      (a) Shall not accept compensation from any private person to represent or counsel him on any issue pending before the agency in which that officer or employee serves, if the agency makes decisions [. Any such] ; and

      (b) If the public officer or employee [who] leaves the service of the agency , shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency during his service. As used in this [subsection,] paragraph, “issue” includes a case, proceeding, application, contract or determination, but does not include the proposal or consideration of legislative measures or administrative regulations.

      2.  A State Legislator or a member of [the legislative branch,] a local legislative body, or a [member of the executive branch or] public officer or employee whose public service requires less than half of his time, may represent or counsel a private person before an agency in which he does not serve.

 


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ê2009 Statutes of Nevada, Page 1055 (Chapter 257, SB 160)ê

 

represent or counsel a private person before an agency in which he does not serve. Any other [member of the executive branch or] public officer or employee shall not represent or counsel a [client] private person for compensation before any state agency of the Executive or Legislative [Branch of Government.] Department.

      3.  Not later than January 15 of each year, any State Legislator or other public officer who has, within the preceding year, represented or counseled a private person for compensation before a state agency of the Executive [Branch] Department shall disclose for each such representation or counseling during the previous calendar year:

      (a) The name of the client;

      (b) The nature of the representation; and

      (c) The name of the state agency.

[Ê]

      4.  The disclosure required by subsection 3 must be made in writing and filed with the Commission [,] on a form prescribed by the Commission. For the purposes of this subsection, the disclosure is timely filed if, on or before the last day for filing, the disclosure is filed in one of the following ways:

      (a) Delivered in person to the principal office of the Commission in Carson City.

      (b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is complete upon timely depositing the disclosure with the United States Postal Service.

      (c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third-party commercial carrier is complete upon timely depositing the disclosure with the third-party commercial carrier.

      5.  The Commission shall retain a disclosure filed pursuant to [this subsection] subsections 3 and 4 for 6 years after the date on which the disclosure was filed.

      Sec. 9.  NRS 281A.420 is hereby amended to read as follows:

      281A.420  1.  Except as otherwise provided in [subsection 2, 3 or 4,] this section, a public officer may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.

      2.  Except as otherwise provided in [subsection 3,] this section, in addition to the requirements of the code of ethical standards, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

      (a) His acceptance of a gift or loan;

      (b) His pecuniary interest; or

      (c) His commitment in a private capacity to the interests of others.

Ê It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group.

 


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ê2009 Statutes of Nevada, Page 1056 (Chapter 257, SB 160)ê

 

profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 4 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.

      3.  In a county whose population is 400,000 or more, a member of a county or city planning commission shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

      (a) His acceptance of a gift or loan;

      (b) His direct pecuniary interest; or

      (c) His commitment to a member of his household or a person who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity.

Ê It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his direct pecuniary interest or his commitment described in paragraph (c) where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 4 relating to the disclosure of the direct pecuniary interest or commitment.

      4.  [A] Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:

      (a) Regarding which he has accepted a gift or loan;

      (b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or

      (c) In which he has a pecuniary interest,

Ê without disclosing sufficient information concerning the gift, loan, commitment or interest to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the person to whom he has a commitment, or upon his interest. [Except as otherwise provided in subsection 6, such] Such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the Chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. This subsection does not require a public officer to disclose any campaign contributions that the public officer reported pursuant to NRS 294A.120 or 294A.125 or any contributions to a legal defense fund that the public officer reported pursuant to NRS 294A.286 in a timely manner.

      5.  Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

 


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ê2009 Statutes of Nevada, Page 1057 (Chapter 257, SB 160)ê

 

      6.  [After a member of the Legislature makes a disclosure pursuant to subsection 4, he may file with the Director of the Legislative Counsel Bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a Legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the Legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the Legislative Counsel Bureau.

      7.]  The provisions of this section do not, under any circumstances:

      (a) Prohibit a member of [the legislative branch] a local legislative body from requesting or introducing a legislative measure; or

      (b) Require a member of [the legislative branch] a local legislative body to take any particular action before or while requesting or introducing a legislative measure.

      7.  The provisions of this section do not, under any circumstances, apply to State Legislators or allow the Commission to exercise jurisdiction or authority over State Legislators. The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.

      8.  As used in this section [, “commitment] :

      (a) “Commitment in a private capacity to the interests of others” means a commitment to a person:

      [(a)] (1) Who is a member of his household;

      [(b)] (2) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;

      [(c)] (3) Who employs him or a member of his household;

      [(d)] (4) With whom he has a substantial and continuing business relationship; or

      [(e)] (5) Any other commitment or relationship that is substantially similar to a commitment or relationship described in subparagraphs (1) to (4), inclusive, of this [subsection.] paragraph.

      (b) “Public officer” and “public employee” do not include a State Legislator.

      Sec. 9.5.  NRS 281A.420 is hereby amended to read as follows:

      281A.420  1.  Except as otherwise provided in this section, a public officer [may] or employee shall not approve, disapprove, vote , abstain from voting or otherwise act upon a matter [if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.

      2.] :

      (a) Regarding which he has accepted a gift or loan;

      (b) In which he has a pecuniary interest; or

      (c) Which would reasonably be affected by his commitment in a private capacity to the interest of others,

 


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ê2009 Statutes of Nevada, Page 1058 (Chapter 257, SB 160)ê

 

Ê without disclosing sufficient information concerning the gift, loan, interest or commitment to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s pecuniary interest, or upon the persons to whom the public officer or employee has a commitment in a private capacity. Such a disclosure must be made at the time the matter is considered. If the public officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the chair and other members of the body. If the public officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected.

      2.  The provisions of subsection 1 do not require a public officer to disclose:

      (a) Any campaign contributions that the public officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125; or

      (b) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286.

      3.  Except as otherwise provided in this section, in addition to the requirements of [the code of ethical standards,] subsection 1, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in [his] the public officer’s situation would be materially affected by:

      (a) His acceptance of a gift or loan;

      (b) His pecuniary interest; or

      (c) His commitment in a private capacity to the interests of others.

[Ê]

      4.  In interpreting and applying the provisions of subsection 3:

      (a) It must be presumed that the independence of judgment of a reasonable person in the public officer’s situation would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him , or if he has a commitment in a private capacity to the interests of others, accruing to the other persons , [whose interests to which the member is committed in a private capacity] is not greater than that accruing to any other member of the general business, profession, occupation or group [.] that is affected by the matter. The presumption set forth in this [subsection] paragraph does not affect the applicability of the requirements set forth in subsection [4] 1 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.

      (b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which he was elected or appointed and to vote or otherwise act upon a matter, provided he has properly disclosed his acceptance of a gift or loan, his pecuniary interest or his commitment in a private capacity to the interests of others in the manner required by subsection 1. Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by his acceptance of a gift or loan, his pecuniary interest or his commitment in a private capacity to the interests of others.

 


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ê2009 Statutes of Nevada, Page 1059 (Chapter 257, SB 160)ê

 

public officer’s situation would be materially affected by his acceptance of a gift or loan, his pecuniary interest or his commitment in a private capacity to the interests of others.

      [3.  In a county whose population is 400,000 or more, a member of a county or city planning commission shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

      (a) His acceptance of a gift or loan;

      (b) His direct pecuniary interest; or

      (c) His commitment to a member of his household or a person who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity.

Ê It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his direct pecuniary interest or his commitment described in paragraph (c) where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 4 relating to the disclosure of the direct pecuniary interest or commitment.

      4.  Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:

      (a) Regarding which he has accepted a gift or loan;

      (b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or

      (c) In which he has a pecuniary interest,

Ê without disclosing sufficient information concerning the gift, loan, commitment or interest to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the person to whom he has a commitment, or upon his interest. Such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the Chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. This subsection does not require a public officer to disclose any campaign contributions that the public officer reported pursuant to NRS 294A.120 or 294A.125 or any contributions to a legal defense fund that the public officer reported pursuant to NRS 294A.286 in a timely manner.]

      5.  Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

      6.  The provisions of this section do not, under any circumstances:

      (a) Prohibit a member of a local legislative body from requesting or introducing a legislative measure; or

 


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ê2009 Statutes of Nevada, Page 1060 (Chapter 257, SB 160)ê

 

      (b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a legislative measure.

      7.  The provisions of this section do not, under any circumstances, apply to State Legislators or allow the Commission to exercise jurisdiction or authority over State Legislators. The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.

      8.  As used in this section:

      (a) “Commitment in a private capacity to the interests of others” means a commitment to a person:

            (1) Who is a member of his household;

            (2) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;

            (3) Who employs him or a member of his household;

            (4) With whom he has a substantial and continuing business relationship; or

            (5) Any other commitment or relationship that is substantially similar to a commitment or relationship described in subparagraphs (1) to (4), inclusive, of this paragraph.

      (b) “Public officer” and “public employee” do not include a State Legislator.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 281A.430 is hereby amended to read as follows:

      281A.430  1.  Except as otherwise provided in this section and NRS 281A.530 and 332.800, a public officer or employee shall not bid on or enter into a contract between a governmental agency and any [private] business entity in which he has a significant pecuniary interest.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board [or commission,] , commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  A public officer or employee, other than [an] a public officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if [the] :

      (a) The contracting process is controlled by the rules of open competitive bidding [, the] or the rules of open competitive bidding are not employed as a result of the applicability of NRS 332.112 or 332.148;

      (b) The sources of supply are limited [, he] ;

 


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ê2009 Statutes of Nevada, Page 1061 (Chapter 257, SB 160)ê

 

      (c) He has not taken part in developing the contract plans or specifications ; and [he]

      (d) He will not be personally involved in opening, considering or accepting offers.

Ê If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose his interest in the contract and shall not vote on or advocate the approval of the contract.

      Sec. 12.  NRS 281A.440 is hereby amended to read as follows:

      281A.440  1.  The Commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances [as soon as practicable or] within 45 days after receiving a request, [whichever is sooner,] on a form prescribed by the Commission, from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee [. He] , unless the public officer or employee waives the time limit. The public officer or employee may also request the Commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the Commission is:

      (a) Binding upon the requester as to his future conduct; and

      (b) Final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.

      2.  The Commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:

      (a) Upon request from a specialized or local ethics committee.

      (b) Except as otherwise provided in this subsection, upon request from a person, if the requester submits:

            (1) The request on a form prescribed by the Commission; and

            (2) All related evidence deemed necessary by the Executive Director and the investigatory panel to make a determination of whether there is just and sufficient cause to render an opinion in the matter.

      (c) Upon the Commission’s own motion regarding the propriety of conduct by a public officer or employee. The Commission shall not initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint.

Ê The Commission shall not render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this State.

      3.  Upon receipt of a request for an opinion by the Commission or upon the motion of the Commission pursuant to subsection 2, the Executive Director shall investigate the facts and circumstances relating to the request to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. The Executive Director shall notify the public officer or employee [that] who is the subject of the request [may] and provide the public officer or employee an opportunity to submit to the Executive Director a response to the allegations against him within 30 days after the date on which the public officer or employee received the notice of the request.

 


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ê2009 Statutes of Nevada, Page 1062 (Chapter 257, SB 160)ê

 

after the date on which the public officer or employee received the notice of the request. The purpose of the response is to provide the Executive Director with any information relevant to the request [.] which the public officer or employee believes may assist the Executive Director and the investigatory panel in conducting the investigation. The public officer or employee is not required in the response or in any proceeding before the investigatory panel to assert, claim or raise any objection or defense, in law or fact, to the allegations against him, and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the response or in any proceeding before the investigatory panel.

      4.  The Executive Director shall complete [an] the investigation and present his recommendation relating to just and sufficient cause to the investigatory panel within [60] 70 days after the receipt of or the motion of the Commission for the request, unless the public officer or employee waives this time limit. If , after the investigation, the Executive Director determines [after an investigation] that there is just and sufficient cause [exists] for the Commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific evidence that supports his recommendation. If, after [an] the investigation, the Executive Director [does not determine] determines that there is not just and sufficient cause [exists] for the Commission to render an opinion in the matter, he shall state such a recommendation in writing, including, without limitation, the specific reasons for his recommendation.

      5.  Within 15 days after the Executive Director has provided his recommendation in the matter to the investigatory panel, the investigatory panel shall make a final determination regarding whether there is just and sufficient cause [exists] for the Commission to render an opinion in the matter, unless the public officer or employee waives this time limit. The investigatory panel shall not determine that there is just and sufficient cause for the Commission to render an opinion in the matter unless the [panel] Executive Director has provided the public officer or employee an opportunity to respond to the allegations against him [.] as required by subsection 3. The investigatory panel shall cause a record of its proceedings in each matter to be kept, and such a record must remain confidential until the investigatory panel determines whether there is just and sufficient cause for the Commission to render an opinion in the matter.

      [4.] 6.  If the investigatory panel determines that there is just and sufficient cause [exists] for the Commission to render an opinion [requested pursuant to this section,] in the matter, the Commission shall hold a hearing and render an opinion in the matter within [30] 60 days after the determination of just and sufficient cause by the investigatory panel, unless the public officer or employee waives this time limit.

      [5.] 7.  Each request for an opinion that a public officer or employee submits to the Commission pursuant to subsection 1, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the public officer or employee who requested the opinion:

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

      (b) Discloses the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto; or

 


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ê2009 Statutes of Nevada, Page 1063 (Chapter 257, SB 160)ê

 

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      [6.] 8.  Except as otherwise provided in this subsection, each document in the possession of the Commission or its staff that is related to a request for an opinion regarding a public officer or employee submitted to or initiated by the Commission pursuant to subsection 2, including, without limitation, the Commission’s copy of the request and all materials and information gathered in an investigation of the request, is confidential until the investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter. The public officer or employee who is the subject of a request for an opinion submitted or initiated pursuant to subsection 2 may in writing authorize the Commission to make its files, material and information which are related to the request publicly available.

      [7.] 9.  Except as otherwise provided in paragraphs (a) and (b), the proceedings of [a] the investigatory panel are confidential until the investigatory panel determines whether there is just and sufficient cause to render an opinion [.] in the matter. A person who:

      (a) Requests an opinion from the Commission pursuant to paragraph (b) of subsection 2 may:

            (1) At any time, reveal to a third party the alleged conduct of a public officer or employee underlying the request that he filed with the Commission or the substance of testimony, if any, that he gave before the Commission.

            (2) After the investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he requested an opinion from the Commission.

      (b) Gives testimony before the Commission may:

            (1) At any time, reveal to a third party the substance of testimony that he gave before the Commission.

            (2) After the investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that he gave testimony before the Commission.

      [8.] 10.  Whenever the Commission holds a hearing pursuant to this section, the Commission shall:

      (a) Notify the person about whom the opinion was requested of the place and time of the Commission’s hearing on the matter;

      (b) Allow the person to be represented by counsel; and

      (c) Allow the person to hear the evidence presented to the Commission and to respond and present evidence on his own behalf.

Ê The Commission’s hearing may be held no sooner than 10 days after the notice is given unless the person agrees to a shorter time.

      [9.] 11.  If a person who is not a party to a hearing before the Commission, including, without limitation, a person who has requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a question of a witness at the hearing, the person must submit the question to the Executive Director in writing. The Executive Director may submit the question to the Commission if he deems the question relevant and appropriate. This subsection does not require the Commission to ask any question submitted by a person who is not a party to the proceeding.

      [10.] 12.  If a person who requests an opinion pursuant to subsection 1 or 2 does not:

 


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ê2009 Statutes of Nevada, Page 1064 (Chapter 257, SB 160)ê

 

      (a) Submit all necessary information to the Commission; and

      (b) Declare by oath or affirmation that he will testify truthfully,

Ê the Commission may decline to render an opinion.

      [11.] 13.  For good cause shown, the Commission may take testimony from a person by telephone or video conference.

      [12.] 14.  For the purposes of NRS 41.032, the members of the Commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking an action related to the rendering of an opinion pursuant to this section.

      [13.] 15.  A meeting or hearing that the Commission or the investigatory panel holds to receive information or evidence concerning the propriety of the conduct of a public officer or employee pursuant to this section and the deliberations of the Commission and the investigatory panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

      Sec. 13.  NRS 281A.480 is hereby amended to read as follows:

      281A.480  1.  In addition to any other [penalty] penalties provided by law, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

      (a) Not to exceed $5,000 for a first willful violation of this chapter;

      (b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and

      (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.

      2.  In addition to any other penalties provided by law, the Commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281A.440 against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

      3.  If the Commission finds that a violation of a provision of this chapter [,] by a public officer or employee or former public officer or employee has resulted in the realization of a financial benefit by the current or former public officer or employee or another person, the Commission may, in addition to any other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      4.  [If the Commission finds] In addition to any other penalties provided by law, if a proceeding results in an opinion that:

      (a) [A willful violation] One or more willful violations of this chapter [has] have been committed by a [public officer] State Legislator removable from office [by impeachment only, the Commission shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

      (b) A willful violation of this chapter has been committed by a public officer removable from office pursuant to NRS 283.440, the Commission may file a proceeding in the appropriate court for removal of the officer.

      (c) Three or more willful violations have been committed by a public officer removable from office pursuant to NRS 283.440, the Commission shall file a proceeding in the appropriate court for removal of the officer.]

 


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ê2009 Statutes of Nevada, Page 1065 (Chapter 257, SB 160)ê

 

only through expulsion by his own House pursuant to Section 6 of Article 4 of the Nevada Constitution, the Commission shall:

            (1) If the State Legislator is a member of the Senate, submit the opinion to the Majority Leader of the Senate or, if the Majority Leader of the Senate is the subject of the opinion or the person who the requested the opinion, to the President Pro Tempore of the Senate; or

            (2) If the State Legislator is a member of the Assembly, submit the opinion to the Speaker of the Assembly or, if the Speaker of the Assembly is the subject of the opinion or the person who the requested the opinion, to the Speaker Pro Tempore of the Assembly.

      (b) One or more willful violations of this chapter have been committed by a state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution, the Commission shall submit the opinion to the Speaker of the Assembly and the Majority Leader of the Senate or, if the Speaker of the Assembly or the Majority Leader of the Senate is the person who the requested the opinion, to the Speaker Pro Tempore of the Assembly or the President Pro Tempore of the Senate, as appropriate.

      (c) One or more willful violations of this chapter have been committed by a public officer other than a public officer described in paragraphs (a) and (b), the willful violations shall be deemed to be malfeasance in office for the purposes of NRS 283.440 and the Commission:

            (1) May file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed fewer than three willful violations of this chapter.

            (2) Shall file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed three or more willful violations of this chapter.

Ê This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation found in the opinion.

      5.  An action taken by a public officer or employee or former public officer or employee relating to this chapter is not a willful violation of a provision of those sections if the public officer or employee establishes by sufficient evidence that he satisfied all of the following requirements:

      (a) He relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee or upon the manual published by the Commission pursuant to NRS 281A.290;

      (b) He was unable, through no fault of his own, to obtain an opinion from the Commission before the action was taken; and

      (c) He took action that was not contrary to a prior published opinion issued by the Commission.

      6.  In addition to any other penalties provided by law, a public employee who [willfully violates a provision] commits a willful violation of this chapter is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

      7.  The provisions of this chapter do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.

 


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ê2009 Statutes of Nevada, Page 1066 (Chapter 257, SB 160)ê

 

prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

      8.  The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review [.] pursuant to NRS 233B.130.

      9.  A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

      Sec. 14.  NRS 281A.500 is hereby amended to read as follows:

      281A.500  1.  [Every] Each public officer shall acknowledge that he [has] :

      (a) Has received, read and understands the statutory ethical standards [.] ; and

      (b) Has a responsibility to inform himself of any amendments to the statutory ethical standards as soon as reasonably practicable after each session of the Legislature.

      2.  The acknowledgment must be executed on a form prescribed by the Commission and must [accompany the first statement of financial disclosure that the public officer is required to file] be filed with the Commission [pursuant to NRS 281A.600 or the Secretary of State pursuant to NRS 281A.610.

      2.] :

      (a) If the public officer is elected to office at the general election, on or before January 15 of the year following his election.

      (b) If the public officer is elected to office at an election other than the general election or is appointed to office, on or before the 30th day following the date on which he takes office.

      3.  Except as otherwise provided in this subsection, a public officer shall execute and file the acknowledgment once for each term of office. If the public officer serves at the pleasure of the appointing authority and does not have a definite term of office, the public officer, in addition to executing and filing the acknowledgment after he takes office in accordance with subsection 2, shall execute and file the acknowledgment on or before January 15 of each even-numbered year while he holds that office.

      4.  For the purposes of this section, the acknowledgment is timely filed if, on or before the last day for filing, the acknowledgment is filed in one of the following ways:

      (a) Delivered in person to the principal office of the Commission in Carson City.

      (b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is complete upon timely depositing the acknowledgment with the United States Postal Service.

      (c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third-party commercial carrier is complete upon timely depositing the acknowledgment with the third-party commercial carrier.

 


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ê2009 Statutes of Nevada, Page 1067 (Chapter 257, SB 160)ê

 

      5.  The form for making the acknowledgment must contain:

      (a) The address of the Internet website of the Commission where a public officer may view the statutory ethical standards and print a hard copy; and

      (b) The telephone number and mailing address of the Commission where a public officer may make a request to obtain a hard copy of the statutory ethical standards from the Commission.

      6.  Whenever the Commission, or any public officer or employee as part of his official duties, provides a public officer with a hard copy of the form for making the acknowledgment, a hard copy of the statutory ethical standards must be included with the form.

      7.  The Commission [and the Secretary of State] shall retain [an] each acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

      [3.] 8.  Willful refusal to execute and file the acknowledgment required by this section [constitutes nonfeasance] shall be deemed to be:

      (a) A willful violation of this chapter for the purposes of NRS 281A.480; and

      (b) Nonfeasance in office [and is a ground for removal] for the purposes of NRS 283.440 and, if the public officer is removable from office pursuant to NRS 283.440 [.] , the Commission may file a complaint in the appropriate court for removal of the public officer pursuant to that section. This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation of this section.

      9.  As used in this section, “general election” has the meaning ascribed to it in NRS 293.060.

      Sec. 15.  NRS 281A.520 is hereby amended to read as follows:

      281A.520  1.  Except as otherwise provided in subsections 4 and 5, a public officer or employee shall not request or otherwise cause a governmental entity to incur an expense or make an expenditure to support or oppose:

      (a) A ballot question.

      (b) A candidate.

      2.  For the purposes of paragraph (b) of subsection 1, an expense incurred or an expenditure made by a governmental entity shall be considered an expense incurred or an expenditure made in support of a candidate if:

      (a) The expense is incurred or the expenditure is made for the creation or dissemination of a pamphlet, brochure, publication, advertisement or television programming that prominently features the activities of a current public officer of the governmental entity who is a candidate for a state, local or federal elective office; and

      (b) The pamphlet, brochure, publication, advertisement or television programming described in paragraph (a) is created or disseminated during the period specified in subsection 3.

      3.  The period during which the provisions of subsection 2 apply to a particular governmental entity begins when a current public officer of that governmental entity files a declaration of candidacy or acceptance of candidacy and ends on the date of the general election, general city election or special election for the office for which the current public officer of the governmental entity is a candidate.

 


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ê2009 Statutes of Nevada, Page 1068 (Chapter 257, SB 160)ê

 

      4.  The provisions of this section do not prohibit the creation or dissemination of, or the appearance of a candidate in or on, as applicable, a pamphlet, brochure, publication, advertisement or television programming that:

      (a) Is made available to the public on a regular basis and merely describes the functions of:

            (1) The public office held by the public officer who is the candidate; or

            (2) The governmental entity by which the public officer who is the candidate is employed; or

      (b) Is created or disseminated in the course of carrying out a duty of:

            (1) The public officer who is the candidate; or

            (2) The governmental entity by which the public officer who is the candidate is employed.

      5.  The provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.

      6.  As used in this section:

      (a) “Governmental entity” means:

            (1) The government of this State;

            (2) An agency of the government of this State;

            (3) A political subdivision of this State; and

            (4) An agency of a political subdivision of this State.

      (b) “Pamphlet, brochure, publication, advertisement or television programming” includes, without limitation, a publication, a public service announcement and any programming on a television station created to provide community access to cable television. The term does not include:

            (1) A press release issued to the media by a governmental entity; or

            (2) The official website of a governmental entity.

      [(c) “Political subdivision” means a county, city or any other local government as defined in NRS 354.474.]

      Sec. 16.  NRS 281A.540 is hereby amended to read as follows:

      281A.540  1.  In addition to any other [penalty] penalties provided by law, a governmental grant, contract or lease entered into in violation of this chapter is voidable by the State, county, city or [town.] political subdivision. In a determination under this section of whether to void a grant, contract or lease, the interests of innocent third parties who could be damaged must be taken into account. The Attorney General, district attorney or city attorney must give notice of his intent to void a grant, contract or lease under this section no later than 30 days after the Commission has determined that there has been a related violation of this chapter.

      2.  In addition to any other [penalty] penalties provided by law, a contract prohibited by NRS 281.230 which is knowingly entered into by a person designated in subsection 1 of NRS 281.230 is void.

      3.  Any action taken by the State in violation of this chapter is voidable, except that the interests of innocent third parties in the nature of the violation must be taken into account. The Attorney General may also pursue any other available legal or equitable remedies.

      4.  In addition to any other [penalty] penalties provided by law, the Attorney General may recover any fee, compensation, gift or benefit received by a person as a result of a violation of this chapter by a public officer.

 


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ê2009 Statutes of Nevada, Page 1069 (Chapter 257, SB 160)ê

 

received by a person as a result of a violation of this chapter by a public officer. An action to recover pursuant to this section must be brought within 2 years after the violation or reasonable discovery of the violation.

      Sec. 17.  NRS 281A.620 is hereby amended to read as follows:

      281A.620  1.  Statements of financial disclosure, as approved pursuant to NRS 281A.470 or in such form as the Commission otherwise prescribes, must contain the following information concerning the candidate for public office or public officer:

      (a) His length of residence in the State of Nevada and the district in which he is registered to vote.

      (b) Each source of his income, or that of any member of his household who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.

      (c) A list of the specific location and particular use of real estate, other than a personal residence:

            (1) In which he or a member of his household has a legal or beneficial interest;

            (2) Whose fair market value is $2,500 or more; and

            (3) That is located in this State or an adjacent state.

      (d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:

            (1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to paragraph (c); and

            (2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.

      (e) If the candidate for public office or public officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of all such gifts, including the identity of the donor and value of each gift, except:

            (1) A gift received from a person who is related to the candidate for public office or public officer within the third degree of consanguinity or affinity.

            (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative or political action of the candidate for public office or public officer.

      (f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.

      (g) A list of all public offices presently held by him for which this statement of financial disclosure is required.

      2.  The Commission shall distribute or cause to be distributed the forms required for such a statement to each candidate for public office and public officer who is required to file one. The Commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281A.470.

      3.  As used in this section [:

 


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ê2009 Statutes of Nevada, Page 1070 (Chapter 257, SB 160)ê

 

      (a) “Business entity” means an organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association.

      (b) “Household”] , “member of his household” includes:

            [(1)] (a) The spouse of a candidate for public office or public officer;

            [(2)] (b) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate for public office or public officer; and

            [(3)] (c) A person who lived in the home or dwelling of the candidate for public office or public officer for 6 months or more in the year immediately preceding the year in which the candidate for public office or public officer files the statement of financial disclosure.

      Sec. 17.5.  NRS 281A.660 is hereby amended to read as follows:

      281A.660  1.  If the Secretary of State receives information that a candidate for public office or public officer willfully fails to file his statement of financial disclosure or willfully fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281A.600 or 281A.610, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a candidate for public office or public officer who willfully fails to file his statement of financial disclosure or willfully fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281A.600 or 281A.610 is subject to a civil penalty and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  The amount of the civil penalty is:

      (a) If the statement is filed not more than 10 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, $25.

      (b) If the statement is filed more than 10 days but not more than 20 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, $50.

      (c) If the statement is filed more than 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, $100.

      (d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, $250.

      (e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, $2,000.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

 


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ê2009 Statutes of Nevada, Page 1071 (Chapter 257, SB 160)ê

 

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      5.  As used in this section, “willfully” means [deliberately,] intentionally and knowingly.

      Sec. 18.  NRS 283.040 is hereby amended to read as follows:

      283.040  1.  Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:

      (a) The death or resignation of the incumbent.

      (b) The removal of the incumbent from office.

      (c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.

      (d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.

      (e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.

      (f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the State, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.

      (g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the State or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the Attorney General, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:

            (1) The medical condition of the incumbent;

            (2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and

            (3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.

      (h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.

      (i) A determination pursuant to NRS 293.182 or 293C.186 that the incumbent fails to meet any qualification required for the office.

      2.  Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the Attorney General shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.

 


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ê2009 Statutes of Nevada, Page 1072 (Chapter 257, SB 160)ê

 

      3.  The provisions of this section do not apply to the extent that they conflict or are otherwise inconsistent with any provision of the Constitution of the State of Nevada regarding the power to judge of the qualifications, elections and returns of or to punish, impeach, expel or remove from office the Governor, other state and judicial officers or State Legislators.

      Sec. 19.  NRS 283.140 is hereby amended to read as follows:

      283.140  1.  Any state officer [, created by state law,] shall be liable [for] to impeachment for [any] misdemeanor or malfeasance in office [.] pursuant to Article 7 of the Nevada Constitution.

      2.  As used in NRS 283.140 to 283.290, inclusive, “state officer” means the Governor and other state and judicial officers, except:

      (a) Justices of the peace; and

      (b) State Legislators removable from office only through expulsion by their own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      Sec. 20.  NRS 283.160 is hereby amended to read as follows:

      283.160  When [an officer of the State] a state officer is impeached by the Assembly for [a] misdemeanor or malfeasance in office, the articles of impeachment shall be delivered to the President of the Senate.

      Sec. 21.  NRS 283.300 is hereby amended to read as follows:

      283.300  1.  An accusation in writing against any district, county, township or municipal officer [, except a justice or judge of the court system,] for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.

      2.  As used in this section, “district, county, township or municipal officer” does not include:

      (a) A justice or judge of the court system;

      (b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution; or

      (c) A State Legislator removable from office only through expulsion by his own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      Sec. 22.  NRS 283.440 is hereby amended to read as follows:

      283.440  1.  Any person who is now holding or who shall hereafter hold any office in this State [, except a justice or judge of the court system,] and who refuses or neglects to perform any official act in the manner and form prescribed by law, or who is guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section [.] , except that this section does not apply to:

      (a) A justice or judge of the court system;

      (b) A state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution; or

      (c) A State Legislator removable from office only through expulsion by his own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

      2.  Whenever a complaint in writing, duly verified by the oath of any complainant, is presented to the district court alleging that any officer within the jurisdiction of the court:

      (a) Has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office;

 


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ê2009 Statutes of Nevada, Page 1073 (Chapter 257, SB 160)ê

 

      (b) Has refused or neglected to perform the official duties pertaining to his office as prescribed by law; or

      (c) Has been guilty of any malpractice or malfeasance in office,

Ê the court shall cite the party charged to appear before it on a certain day, not more than 10 days or less than 5 days from the day when the complaint was presented. On that day, or some subsequent day not more than 20 days from that on which the complaint was presented, the court, in a summary manner, shall proceed to hear the complaint and evidence offered by the party complained of. If, on the hearing, it appears that the charge or charges of the complaint are sustained, the court shall enter a decree that the party complained of shall be deprived of his office.

      3.  The clerk of the court in which the proceedings are had, shall, within 3 days thereafter, transmit to the Governor or the board of county commissioners of the proper county, as the case may be, a copy of any decree or judgment declaring any officer deprived of any office under this section. The Governor or the board of county commissioners, as the case may be, shall appoint some person to fill the office until a successor shall be elected or appointed and qualified. The person so appointed shall give such bond as security as is prescribed by law and pertaining to the office.

      4.  If the judgment of the district court is against the officer complained of and an appeal is taken from the judgment so rendered, the officer so appealing shall not hold the office during the pendency of the appeal, but the office shall be filled as in case of a vacancy.

      Sec. 23.  NRS 283.450 is hereby amended to read as follows:

      283.450  1.  Any civil officer in this state who, during his term of office, becomes intoxicated or is under the influence of alcoholic, malt or vinous liquors, or becomes or is addicted to the use of controlled substances, so that he is not at all times in proper condition for the discharge of the duties of his office, is guilty of a gross misdemeanor [, and,] and if he is [a] :

      (a) A state officer, he is subject to removal from office [by impeachment, or if he is a] through impeachment pursuant to Article 7 of the Nevada Constitution;

      (b) A State Legislator, he is subject to removal from office through expulsion by his own House pursuant to Section 6 of Article 4 of the Nevada Constitution; or

      (c) A county, city or township officer , he shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such a conviction.

      2.  Upon receiving information from any person that the provisions of this section have been violated, sheriffs and their deputies, constables and their deputies, district attorneys, and all other peace officers in this state shall immediately institute proceedings in the proper court against the person complained of, and shall prosecute the same with reasonable diligence to final judgment.

      3.  If any person makes and files a complaint under oath charging the district attorney with a violation of this section, the Attorney General shall prosecute the district attorney pursuant to the terms of this section.

      4.  If any state officer is convicted pursuant to this section, the prosecuting officer obtaining the conviction shall file a certified copy of the judgment roll with the Secretary of State. The Secretary of State shall lay the certified copy of the judgment roll before the appropriate House of the Legislature at its next session.

 


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ê2009 Statutes of Nevada, Page 1074 (Chapter 257, SB 160)ê

 

      5.  The provisions of this section must be specially charged to the grand juries of the several counties by district judges.

      Sec. 24.  NRS 193.105 is hereby amended to read as follows:

      193.105  1.  If, during the course of his employment, an employee of the State or of any political subdivision of the State is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the employer upon discovery of the conviction shall terminate the employment of the employee.

      2.  If, during the course of his tenure in office, an officer of any county, city or township of the State is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the court as part of the penalty for such a conviction shall remove the officer from his office.

      3.  If, during the course of his tenure in office, an elected or appointed officer of the State is convicted on or after October 1, 1989, of violating any federal or state law prohibiting the sale of any controlled substance, the prosecuting officer who obtained the conviction shall file a certified copy of the judgment roll with the Secretary of State. The Secretary of State shall lay the certified copy of the judgment roll before the [Assembly] appropriate House of the Legislature at its next session . [for the preparation of articles of impeachment.]

      4.  This section does not apply to a justice or judge of the court system.

      Sec. 25.  NRS 281.236, 281A.110, 281A.120 and 281A.130 are hereby repealed.

      Sec. 26.  The Legislature hereby finds and declares that:

      1.  NRS 11.190 contains a generally applicable 2-year statute of limitations for any action upon a statute for a penalty or forfeiture, where the action is given to a person or the State.

      2.  Because NRS 281A.480 authorizes the Commission on Ethics to impose civil penalties on a current or former public officer or employee for a violation of chapter 281A of NRS, the existing 2-year statute of limitations in NRS 11.190 is applicable to proceedings commenced against a current or former public officer or employee pursuant to chapter 281A of NRS.

      3.  By enacting the 2-year statute of limitations in NRS 281A.280, as amended by section 8.55 of this act, the Legislature is substituting in a continuing way the 2-year statute of limitations in NRS 281A.280 for the existing 2-year statute of limitations in NRS 11.190 with regard to violations of chapter 281A of NRS.

      4.  Therefore, the 2-year statute of limitations in NRS 281A.280, as amended by section 8.55 of this act, is applicable to any proceeding against a current or former public officer or employee for a violation of chapter 281A of NRS if the proceeding is commenced on or after the effective date of section 8.55 of this act, whether or not the violation occurred before that effective date.

      Sec. 27.  1.  This section and sections 1, 2, 3, 4, 5, 6, 7, 7.4 and 9 of this act become effective on January 1, 2009.

      2.  Sections 3.4, 3.6, 4.4, 4.6, 5.4, 5.6, 5.8, 7.2, 8 to 8.7, inclusive, and 9.5 to 26, inclusive, of this act become effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 1075ê

 

CHAPTER 258, SB 165

Senate Bill No. 165–Senator Schneider

 

CHAPTER 258

 

AN ACT relating to energy; requiring certain utilities that supply electricity in this State to include in the resource plan of the utility certain provisions relating to demands made on its system by its customers; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a utility which supplies electricity in this State and which has an annual operating revenue in this State of $2,500,000 or more to submit a plan to the Public Utilities Commission of Nevada every third year to increase its supply of electricity or decrease the demands made on its system by its customers. The Commission is required to prescribe by regulation the contents of the plan and must require the utility to include certain information in the plan. (NRS 704.736, 704.741) This bill requires the utility to include in its plan a comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.

      2.  The Commission shall, by regulation, prescribe the contents of such a plan , including, but not limited to, the methods or formulas which are used by the utility to:

      (a) Forecast the future demands; and

      (b) Determine the best combination of sources of supply to meet the demands or the best method to reduce them.

      3.  The Commission shall require the utility to include in its plan [an] :

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel [. The energy efficiency program must include,] and which includes, without limitation, the use of new solar thermal energy sources [.] ; and

      (b) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity.

      4.  As used in this section, “carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

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ê2009 Statutes of Nevada, Page 1076ê

 

CHAPTER 259, SB 172

Senate Bill No. 172–Committee on Judiciary

 

CHAPTER 259

 

AN ACT relating to real property; exempting nonresidential subdivisions from certain provisions governing the sale of subdivided land; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides exemptions from certain provisions of chapter 119 of NRS governing the sale of subdivided land. (NRS 119.119-119.122) Existing law also exempts from compliance with the provisions of chapter 119 of NRS in its entirety certain time-share projects, campgrounds and developers which are subject to and comply with the requirements of certain other chapters of NRS. (NRS 119.125) This bill provides that the provisions of chapter 119 of NRS do not apply to a subdivision which is divided or proposed to be divided into 35 or more lots, parcels, units or interests if each lot, parcel, unit or interest of the subdivision is used only for nonresidential use. (NRS 119.110, 119.125)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter do not apply to any subdivision in which all lots, parcels, units or interests of the subdivision are restricted exclusively to nonresidential use.

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ê2009 Statutes of Nevada, Page 1077ê

 

CHAPTER 260, SB 186

Senate Bill No. 186–Senators Copening, Parks; Amodei, Coffin, Hardy, Lee, Rhoads and Woodhouse

 

Joint Sponsors: Assemblymen Pierce, Segerblom; Goedhart, Manendo and Mastroluca

 

CHAPTER 260

 

AN ACT relating to solid waste management; providing for the issuance of permits for the operation of facilities for the management of waste tires; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 4 of this bill requires the district board of health in certain counties to adopt regulations for the issuance of permits to operate facilities for the management of waste tires. Section 4 authorizes the State Environmental Commission to adopt similar regulations for other counties. If a permit for the operation of a facility for the management of waste tires is issued, the district board of health or the State Environmental Commission must adopt regulations prohibiting the disposal of waste tires in any municipal solid waste landfill in the health district or county in which the facility is operated. Section 5 of this bill prohibits a person from operating a facility for the management of waste tires unless the operator holds a permit to operate the facility and complies with the terms and conditions of the permit. A person who operates a facility in violation of the provisions of section 5 is guilty of a misdemeanor and, in addition, is subject to civil penalties and injunctive relief. (NRS 444.600)

      Existing law prohibits the disposal of used or waste motor vehicle tires other than disposal at a site, landfill or incinerator which has been issued a permit by the Division of Environmental Protection of the State Department of Conservation and Natural Resources or a district board of health. (NRS 444.583) Section 6 of this bill prohibits the disposal of waste tires generated in a health district or county in which a facility for the management of waste tires has been issued a permit at any municipal solid waste landfill in the State. A person who violates section 6 is guilty of a misdemeanor punishable by a fine of not less than $100 per violation and is also subject to civil penalties and injunctive relief. (NRS 444.600, 444.635) Section 6 provides exceptions for the inadvertent or unintentional disposal of a waste tire in a municipal solid waste landfill or if the unavailability of a facility for the management of waste tires makes compliance impracticable.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.200 is hereby amended to read as follows:

      439.200  1.  The State Board of Health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:

      (a) To define and control dangerous communicable diseases.

      (b) To prevent and control nuisances.

      (c) To regulate sanitation and sanitary practices in the interests of the public health.

      (d) To provide for the sanitary protection of water and food supplies.

 


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ê2009 Statutes of Nevada, Page 1078 (Chapter 260, SB 186)ê

 

      (e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, and sections 3 to 6, inclusive, of this act, 444.650, 445A.170 to 445A.955, inclusive, and chapter 445B of NRS.

      (f) To protect and promote the public health generally.

      (g) To carry out all other purposes of this chapter.

      2.  Except as otherwise provided in NRS 444.650, those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the regulations provided for in this section.

      3.  The State Board of Health may grant a variance from the requirements of a regulation if it finds that:

      (a) Strict application of that regulation would result in exceptional and undue hardship to the person requesting the variance; and

      (b) The variance, if granted, would not:

            (1) Cause substantial detriment to the public welfare; or

            (2) Impair substantially the purpose of that regulation.

      4.  Each regulation adopted by the State Board of Health must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the residents of the State.

      Sec. 2.  Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  “Facility for the management of waste tires” means a site at which waste tires are deposited for processing, recycling or use as a fuel and which has been issued a permit for that purpose pursuant to the regulations adopted pursuant to section 4 of this act.

      Sec. 3.3.  “Passenger car” has the meaning ascribed to it in NRS 482.087.

      Sec. 3.7.  “Waste tire” means a passenger car tire that is not suitable for its intended purpose because of wear, damage or defect.

      Sec. 4.  1.  The district board of health of a health district created pursuant to NRS 439.362 or 439.370 shall, in a timely manner, adopt regulations:

      (a) For the issuance of a permit to operate a facility for the management of waste tires in the health district and in any area over which the board has authority pursuant to an interlocal agreement;

      (b) If the district board of health issues a permit to operate a facility for the management of waste tires, prohibiting the disposal of waste tires in any municipal solid waste landfill in the health district and in any area over which the board has authority pursuant to an interlocal agreement by a retail seller of new motor vehicles tires or a wholesale seller of new motor vehicle tires; and

      (c) To establish and carry out a program for the recycling and reuse of waste tires in the health district and in any area over which the board has authority pursuant to an interlocal agreement.

      2.  The regulations adopted pursuant to subsection 1 must:

      (a) Provide for acceptable alternatives to the disposal of a waste tire in a municipal solid waste landfill;

      (b) Provide for the inspection of a facility for the management of waste tires to ensure that the operator of the facility complies with those regulations;

 


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ê2009 Statutes of Nevada, Page 1079 (Chapter 260, SB 186)ê

 

      (c) Prohibit a facility for the management of waste tires from refusing to accept a waste tire offered for disposal, except in accordance with the provisions of the permit issued to the operator of the facility;

      (d) Establish requirements concerning the transportation and storage of waste tires prior to disposal;

      (e) Establish a procedure for applications for exemptions or waivers from any of those regulations;

      (f) Provide for an exemption from any penalty imposed pursuant to those regulations for any person who inadvertently or unintentionally disposes of a waste tire in a municipal solid waste landfill in violation of those regulations;

      (g) Not prohibit the lawful disposal of a waste tire outside of the health district; and

      (h) In addition to the penalties described in sections 5 and 6 of this act, provide for a penalty for a violation of any of those regulations.

      3.  In a county in which a health district has not been created pursuant to NRS 439.362 or 439.370, the State Environmental Commission may adopt regulations:

      (a) Authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to issue a permit for the operation of a facility for the management of waste tires in the county;

      (b) If a facility for the management of waste tires has been issued a permit in the county, prohibiting the disposal of waste tires in a municipal solid waste landfill in the county; and

      (c) To establish and carry out a program for the recycling and reuse of waste tires in the county.

      4.  Any regulation adopted pursuant to this section which prohibits the disposal of a waste tire in a municipal solid waste landfill does not apply to the disposal of a waste tire if the unavailability of a facility for the management of waste tires makes disposal at such a facility impracticable. The provisions of this subsection do not exempt a person from any other regulation adopted pursuant to this section.

      5.  The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.

      Sec. 5.  1.  A person shall not operate a facility for the management of waste tires unless the operator:

      (a) Holds a permit to operate the facility for the management of waste tires issued by the district board of health or the Division of Environmental Protection of the State Department of Conservation and Natural Resources in accordance with the regulations adopted pursuant to section 4 of this act; and

      (b) Complies with the terms and conditions of the permit.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  Each day or part of a day during which the violation is continued or repeated constitutes a separate offense.

      4.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive:

      (a) A person convicted of violating subsection 1 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction; and

 


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ê2009 Statutes of Nevada, Page 1080 (Chapter 260, SB 186)ê

 

      (b) A court before whom a defendant is convicted of a violation of subsection 1 shall, for each violation, order the defendant to pay a civil penalty of at least $500 but not more than $5,000.

      Sec. 6.  1.  Except as otherwise provided in subsection 2, in any health district created pursuant to NRS 439.362 or 439.370 and any area over which the district board of health has authority pursuant to an interlocal agreement or any county in which a permit for the operation of a facility for the management of waste tires has been issued pursuant to section 4 of this act, a person who willfully disposes of a waste tire generated in that health district or county in any municipal solid waste landfill in this State is guilty of a misdemeanor and, except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation. Each waste tire disposed of in violation of the provisions of this section constitutes a separate violation.

      2.  The provisions of subsection 1 do not apply:

      (a) To a person who inadvertently or unintentionally disposes of a waste tire in a municipal solid waste landfill in violation of the provisions of subsection 1; or

      (b) If the unavailability of a facility for the management of waste tires makes disposal of a waste tire at a site other than a municipal solid waste landfill impracticable.

      Sec. 7.  NRS 444.450 is hereby amended to read as follows:

      444.450  As used in NRS 444.440 to 444.620, inclusive, and sections 3 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.500, inclusive, and sections 3, 3.3 and 3.7 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 444.495 is hereby amended to read as follows:

      444.495  “Solid waste management authority” means:

      1.  The district board of health in any area in which a health district has been created pursuant to NRS 439.362 or 439.370 and in any area over which the board has authority pursuant to an interlocal agreement, if the board has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive [.] , and sections 3 to 6, inclusive, of this act.

      2.  In all other areas of the State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Sec. 9.  NRS 444.570 is hereby amended to read as follows:

      444.570  1.  The State Department of Conservation and Natural Resources shall:

      (a) Advise, consult and cooperate with other agencies and commissions of the State, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.

      (b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.

      (c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and sections 3 to 6, inclusive, of this act, and any regulation adopted by the State Environmental Commission pursuant thereto.

      (d) Periodically review the programs of other solid waste management authorities in the State for issuing permits pursuant to NRS 444.553 and 444.556 and section 4 of this act and ensuring compliance with the terms

 


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ê2009 Statutes of Nevada, Page 1081 (Chapter 260, SB 186)ê

 

and conditions of such permits, the regulations of the State Environmental Commission, the laws of this State and the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The Director of the State Department of Conservation and Natural Resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the Director determines that a program is inadequate, the Department shall act as the solid waste management authority until the deficiency is corrected. A finding by the Director that a program is inadequate is not final until reviewed by the State Environmental Commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this State regarding solid waste management systems.

      (e) Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and sections 3 to 6, inclusive, of this act and any regulation adopted by the State Environmental Commission.

      2.  The State Environmental Commission shall:

      (a) In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan, and review and revise the plan every 5 years.

      (b) Examine and approve or disapprove plans for solid waste management systems.

      (c) Review any determination by the Director of the State Department of Conservation and Natural Resources that a program for issuing permits administered by a solid waste management authority is inadequate. The Commission may affirm, modify or reverse the findings of the Director.

      3.  Employees of the State Department of Conservation and Natural Resources or its authorized representatives may, during the normal hours of operation of a facility subject to the provisions of NRS 444.440 to 444.620, inclusive, and sections 3 to 6, inclusive, of this act enter and inspect areas of the facility where:

      (a) Solid waste may have been generated, stored, transported, treated or disposed; or

      (b) Records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.

      Sec. 10.  NRS 444.580 is hereby amended to read as follows:

      444.580  1.  Any district board of health created pursuant to NRS 439.362 or 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission, and any district board of health may issue permits thereunder.

      2.  Any district board of health created pursuant to NRS 439.362 or 439.370 may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive [.] , and sections 3 to 6, inclusive, of this act. Such regulations must not conflict with regulations adopted by the State Environmental Commission.

 


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ê2009 Statutes of Nevada, Page 1082 (Chapter 260, SB 186)ê

 

      Sec. 11.  NRS 444.583 is hereby amended to read as follows:

      444.583  1.  Except as otherwise provided in subsection 5 [,] and section 6 of this act, it is unlawful willfully to:

      (a) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at any site which has not been issued a permit for that purpose by the solid waste management authority;

      (b) Dispose of, abandon or dump a motor vehicle battery, motor vehicle tire or motor oil at a sanitary landfill or other disposal site established by a municipality which has not been issued a permit for that purpose by the solid waste management authority; or

      (c) Incinerate a motor vehicle battery or motor vehicle tire as a means of ultimate disposal, unless the incineration is approved by the solid waste management authority for the recovery of energy or other appropriate use.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, shall be punished by a fine of not less than $100 per violation.

      3.  The State Department of Conservation and Natural Resources shall establish a plan for the appropriate disposal of used or waste motor vehicle batteries, motor vehicle tires and motor oil. The plan must include the issuance of permits to approved sites or facilities for the disposal of those items by the public. The plan may include education of the public regarding the necessity of disposing of these items properly and recycling them.

      4.  The State Department of Conservation and Natural Resources shall encourage the voluntary establishment of authorized sites which are open to the public for the deposit of used or waste motor vehicle batteries, motor vehicle tires and motor oil.

      5.  The provisions of subsections 1 and 2 do not apply to the disposal of used or waste motor vehicle batteries or motor vehicle tires if the unavailability of a site that has been issued a permit by the solid waste management authority makes disposal at such a site impracticable. The provisions of this subsection do not exempt a person from any other regulation of the solid waste management authority concerning the disposal of used or waste motor vehicle batteries or motor vehicle tires.

      Sec. 12.  NRS 444.592 is hereby amended to read as follows:

      444.592  If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or condition of a permit issued pursuant to NRS 444.553 or 444.556, or section 4 of this act, a statute, a regulation or an order issued pursuant to NRS 444.594, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive [:] , and sections 3 to 6, inclusive, of this act:

      1.  Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.

      2.  Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS 444.600.

 


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      3.  Take any other action designed to reduce or eliminate the threat or violation.

      Sec. 13.  NRS 444.594 is hereby amended to read as follows:

      444.594  1.  An order issued by a solid waste management authority must:

      (a) Specify the term or condition of a permit issued pursuant to NRS 444.553 or 444.556, or section 4 of this act, or the statute or regulation, which is alleged to have been violated or which is about to be violated, or the threat to human health, public safety or the environment;

      (b) Set forth the facts alleged to constitute the violation or threat; and

      (c) Prescribe any corrective action which must be taken and a reasonable time within which it must be taken.

      2.  The order may require the person to whom the order is directed to appear before the solid waste management authority, its authorized representative [,] or a hearing officer appointed by the authority, to show cause why an action should not be commenced against the person in a court of competent jurisdiction requesting appropriate relief.

      Sec. 14.  NRS 444.596 is hereby amended to read as follows:

      444.596  The solid waste management authority may bring an action in a court of competent jurisdiction to recover from a person or municipality which violates any statute or regulation, any term or condition of a permit issued pursuant to NRS 444.553 or 444.556, or section 4 of this act, or any order issued pursuant to NRS 444.592, a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided in NRS 444.440 to 444.620, inclusive [.] , and sections 3 to 6, inclusive, of this act.

      Sec. 15.  NRS 444.598 is hereby amended to read as follows:

      444.598  The solid waste management authority may bring an action in a court of competent jurisdiction to recover actual damages which result from a violation of a statute or regulation, any term or condition of a permit issued pursuant to NRS 444.553 or 444.556, or section 4 of this act, or any order issued pursuant to NRS 444.592. The damages may include expenses incurred by the authority in testing for and removing, correcting or terminating any adverse effects which resulted from the violation and costs and attorney’s fees, including those incurred in administrative proceedings. This remedy is in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive [.] , and sections 3 to 6, inclusive, of this act.

      Sec. 16.  NRS 444.600 is hereby amended to read as follows:

      444.600  In addition to any other remedies provided in NRS 444.450 to 444.590, inclusive, and sections 3 to 6, inclusive, of this act, the State Department of Conservation and Natural Resources or a solid waste management authority may bring an action in a court of competent jurisdiction to enjoin a violation of NRS 444.450 to 444.560, inclusive, and sections 3 to 6, inclusive, of this act, any term or condition of a permit issued pursuant to NRS 444.553 or 444.556, or section 4 of this act, any order issued pursuant to NRS 444.592, or any regulation adopted by the State Environmental Commission or solid waste management authority.

      Sec. 17.  NRS 444.605 is hereby amended to read as follows:

      444.605  1.  In carrying out the provisions of NRS 444.440 to 444.620, inclusive, and sections 3 to 6, inclusive, of this act, the State Environmental Commission, a district board of health of a health district created pursuant to NRS 439.362 or 439.370, and a solid waste management authority may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

 


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ê2009 Statutes of Nevada, Page 1084 (Chapter 260, SB 186)ê

 

subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

      2.  If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:

      (a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;

      (b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him to comply with its provisions; and

      (c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,

Ê and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.

      3.  When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.

      4.  If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, he may be punished as for a contempt of court.

      Sec. 18.  NRS 444.629 is hereby amended to read as follows:

      444.629  1.  The solid waste management authority in each county whose population is 400,000 or more may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.

      2.  The program established pursuant to subsection 1 must:

      (a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation; and

      (b) Provide for adequate administration and enforcement.

      3.  In a county whose population is 400,000 or more, the solid waste management authority may delegate to an independent hearing officer or hearing board the authority to determine violations and levy administrative penalties for violations of the provisions of NRS 444.440 to 444.645, inclusive, and sections 3 to 6, inclusive, of this act or any regulation adopted pursuant to those sections.

      Sec. 19.  NRS 444.635 is hereby amended to read as follows:

      444.635  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed pursuant to NRS 444.583 or 444.630, or section 6 of this act, any person convicted of violating NRS 444.583 or 444.630 or section 6 of this act is liable for a civil penalty upon each such conviction.

 


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ê2009 Statutes of Nevada, Page 1085 (Chapter 260, SB 186)ê

 

      2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, or section 6 of this act, shall order the defendant:

      (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

      (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

      (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

      (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

      3.  If so provided by the court, a penalty imposed pursuant to this section may be paid in installments.

      4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

      5.  Each court which receives money pursuant to the provisions of this section shall forthwith remit the money to the Division of Environmental Protection of the State Department of Conservation and Natural Resources or, if the health authority initiated the action, the district health department which shall deposit the money with the State Treasurer for credit in a separate account in the State General Fund or with the county treasurer for deposit in an account for the district health department, as the case may be. Money so deposited must be:

      (a) Used only to pay:

            (1) Rewards pursuant to NRS 444.640;

            (2) For education regarding the unlawful disposal of solid waste;

            (3) For the cleaning up of dump sites; and

            (4) For the management of solid waste; and

      (b) Paid as other claims against the State or local governments are paid.

      Sec. 20.  NRS 444A.020 is hereby amended to read as follows:

      444A.020  1.  The State Environmental Commission shall adopt regulations establishing minimum standards for:

      (a) Separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided.

      (b) Establishing recycling centers for the collection and disposal of recyclable material.

      (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested.

      2.  The regulations adopted pursuant to subsection 1 must be adopted with the goal of recycling at least 25 percent of the total solid waste generated within a municipality after the second full year following the adoption of such standards.

      3.  The State Environmental Commission shall, by regulation, establish acceptable methods for disposing of used or waste tires [.] consistent with the provisions of sections 4, 5 and 6 of this act.

      Sec. 21.  NRS 445C.030 is hereby amended to read as follows:

      445C.030  “Environmental requirement” means a requirement contained in NRS 444.440 to 444.645, inclusive, and sections 3 to 6, inclusive, of this act, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, 459.700 to 459.856, inclusive, or 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those sections.

 


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ê2009 Statutes of Nevada, Page 1086 (Chapter 260, SB 186)ê

 

act, 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, 459.700 to 459.856, inclusive, or 519A.010 to 519A.280, inclusive, or in a regulation adopted pursuant to any of those sections.

      Sec. 22.  NRS 445C.060 is hereby amended to read as follows:

      445C.060  “Regulatory agency” means:

      1.  The State Environmental Commission;

      2.  The State Department of Conservation and Natural Resources or the Division of Environmental Protection of that Department;

      3.  A district board of health acting as a solid waste management authority pursuant to NRS 444.440 to 444.620, inclusive [;] , and sections 3 to 6, inclusive, of this act; or

      4.  A district board of health, county board of health or board of county commissioners administering a program for the control of air pollution pursuant to paragraph (a) of subsection 1 of NRS 445B.500.

      Sec. 23.  This act becomes effective upon passage and approval for the purpose of adopting regulations, and on October 1, 2009, for all other purposes.

________

 

CHAPTER 261, SB 197

Senate Bill No. 197–Senators Wiener, Parks, Copening, Woodhouse, Breeden; Amodei, Cegavske, Hardy, Horsford, Lee, McGinness, Nolan and Washington

 

CHAPTER 261

 

AN ACT relating to drugs; authorizing certain facilities to return certain prescription drugs for reissuance by nonprofit pharmacies; establishing procedures and requirements for the reissuance of certain prescription drugs transferred to nonprofit pharmacies; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law allows public and private mental health facilities, facilities for skilled nursing, facilities for intermediate care and correctional facilities to return to the dispensing pharmacy certain prescription drugs that are dispensed to a patient of the facility but not used by that patient and to reissue those drugs to other patients of the facility. (NRS 433.801, 449.2485, 639.2675) Sections 1, 2 and 6 of this bill authorize those facilities to return to the dispensing pharmacy such drugs for reissuance by a nonprofit pharmacy designated by the State Board of Pharmacy to reissue the drugs. Section 3 of this bill authorizes nonprofit pharmacies to reissue those drugs for other prescriptions in the pharmacy free of charge. Section 3 also provides that a person, pharmacy, facility or manufacturer of a drug who exercises reasonable care in the transfer, acceptance, distribution or dispensation of a drug is not subject to certain civil or criminal liability. The Board is required to adopt regulations to carry out the provisions of this bill.

 


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ê2009 Statutes of Nevada, Page 1087 (Chapter 261, SB 197)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433.801 is hereby amended to read as follows:

      433.801  1.  A public or private mental health facility may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to section 3 of this act if:

      (a) The drug is not a [schedule II drug specified in or pursuant to chapter 453 of NRS;] controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A dispensing pharmacy to which a drug is returned pursuant to this section may [reissue] :

      (a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5 [.] ; or

      (b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to section 3 of this act.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  A mental health facility shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the State Board of Pharmacy.

      (c) Be approved by the State Board of Pharmacy.

      5.  The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and section 3 of this act.

      (c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      Sec. 2.  NRS 449.2485 is hereby amended to read as follows:

      449.2485  1.  A facility for skilled nursing or a facility for intermediate care may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to section 3 of this act if:

 


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ê2009 Statutes of Nevada, Page 1088 (Chapter 261, SB 197)ê

 

facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to section 3 of this act if:

      (a) The drug is not a [schedule II drug specified in or pursuant to chapter 453 of NRS;] controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A dispensing pharmacy to which a drug is returned pursuant to this section may [reissue] :

      (a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5 [.] ; or

      (b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to section 3 of this act.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  A facility for skilled nursing or facility for intermediate care shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of drugs to dispensing pharmacies as are required by the State Board of Pharmacy.

      (c) Be approved by the State Board of Pharmacy.

      5.  The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and section 3 of this act.

      (c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      Sec. 3.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A nonprofit pharmacy designated by the Board in accordance with the regulations adopted pursuant to subsection 6 to which a drug is transferred pursuant to NRS 433.801, 449.2485 or 639.2675 may reissue the drug to fill other prescriptions in the same pharmacy free of charge if the registered pharmacist of the nonprofit pharmacy determines that the drug is suitable for that purpose in accordance with the requirements adopted by the Board pursuant to subsection 6 and if:

 


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ê2009 Statutes of Nevada, Page 1089 (Chapter 261, SB 197)ê

 

drug is suitable for that purpose in accordance with the requirements adopted by the Board pursuant to subsection 6 and if:

      (a) The drug is not a controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.

      2.  A person, pharmacy or facility who exercises reasonable care in the transfer, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and NRS 433.801, 449.2485 and 639.2675 and the regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the transfer, acceptance, distribution or dispensation of the drug.

      3.  A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the transfer, acceptance, distribution or dispensation of the drug pursuant to this section and NRS 433.801, 449.2485 and 639.2675 and the regulations adopted pursuant thereto.

      4.  No drug that is transferred to a nonprofit pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      5.  A nonprofit pharmacy shall adopt written procedures for accepting and reissuing drugs pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.

      (b) Require the maintenance and retention of records relating to the acceptance and use of the drugs and any other records as are required by the Board.

      (c) Be approved by the Board.

      6.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

      (a) Requirements for reissuing drugs pursuant to this section.

      (b) Requirements for accepting drugs transferred to a nonprofit pharmacy pursuant to the provisions of this section and NRS 433.801, 449.2485 and 639.2675.

      (c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.

      (d) The criteria and procedure for obtaining a designation as a nonprofit pharmacy for the purposes of this section, including, without limitation, provisions for a pharmacy, registered pharmacist or practitioner who is registered with the Board to be designated as a nonprofit pharmacy.

      Sec. 4.  NRS 639.063 is hereby amended to read as follows:

      639.063  1.  The Board shall prepare an annual report concerning drugs that are returned or transferred to pharmacies pursuant to NRS 433.801, 449.2485 and 639.2675 and section 3 of this act and are reissued to fill other prescriptions. The report must include, without limitation:

 


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ê2009 Statutes of Nevada, Page 1090 (Chapter 261, SB 197)ê

 

      (a) The number of drugs that are returned to dispensing pharmacies.

      (b) The number of drugs that are transferred to nonprofit pharmacies designated by the Board pursuant to section 3 of this act.

      (c) The number of drugs that are reissued to fill other prescriptions.

      [(c)] (d) An estimate of the amount of money saved by reissuing such drugs to fill other prescriptions.

      [(d)] (e) Any other information that the Board deems necessary.

      2.  The report must be:

      (a) Available for public inspection during regular business hours at the office of the Board; and

      (b) Posted on a website or other Internet site that is operated or administered by or on behalf of the Board.

      Sec. 5.  NRS 639.267 is hereby amended to read as follows:

      639.267  1.  As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose.

      2.  A pharmacist who provides a regimen of drugs in unit doses to a patient in a facility for skilled nursing or facility for intermediate care as defined in chapter 449 of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the dispensing pharmacy, which may reissue the drugs to fill other prescriptions or transfer the drugs in accordance with the provisions of NRS 449.2485.

      3.  Except schedule II drugs specified in or pursuant to chapter 453 of NRS and except as otherwise provided in NRS 433.801, 449.2485 and 639.2675 [,] and section 3 of this act, unit doses packaged in ampules or vials which do not require refrigeration may be returned to the pharmacy which dispensed them. The Board shall, by regulation, authorize the return of any other type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.

      Sec. 6.  NRS 639.2675 is hereby amended to read as follows:

      639.2675  1.  A prescription drug that is dispensed by a pharmacy to an offender incarcerated in a correctional institution, but will not be used by that offender, may be returned to that dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for offenders incarcerated in that correctional institution or for the purposes of transferring the drug to a nonprofit pharmacy designated by the Board pursuant to section 3 of this act if:

      (a) The drug is not a [schedule II drug specified in or pursuant to chapter 453 of NRS;] controlled substance;

      (b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle that is sealed by the manufacturer of the drug;

      (c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;

      (d) The usefulness of the drug has not expired;

      (e) The packaging or bottle contains the expiration date of the usefulness of the drug; and

      (f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.

      2.  A pharmacy to which a drug is returned pursuant to this section may [reissue] :

 


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ê2009 Statutes of Nevada, Page 1091 (Chapter 261, SB 197)ê

 

      (a) Reissue the drug to fill other prescriptions for offenders incarcerated in the same correctional institution if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the Board pursuant to subsection 5 [.] ; or

      (b) Transfer the drug to a nonprofit pharmacy designated by the Board pursuant to section 3 of this act.

      3.  No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.

      4.  The director of a correctional institution shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:

      (a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.

      (b) Require the maintenance and retention of such records relating to the return of such drugs as are required by the Board.

      (c) Be approved by the Board.

      5.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section including, without limitation, requirements for:

      (a) Returning and reissuing such drugs pursuant to the provisions of this section.

      (b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and section 3 of this act.

      (c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.

      6.  As used in this section, “correctional institution” means an institution or facility operated by the Department of Corrections.

      Sec. 7.  NRS 639.282 is hereby amended to read as follows:

      639.282  1.  Except as otherwise provided in NRS 433.801, 449.2485, 639.267 and 639.2675 [,] and section 3 of this act, it is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

      (a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist or practitioner;

      (b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

      (c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

      (d) Is no longer safe or effective for use, as indicated by the expiration date appearing on its label; or

      (e) Has not been properly stored or refrigerated as required by its label.

      2.  The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. The preparation, drug or chemical must not be sold or otherwise disposed of until the certification required by this subsection has been presented to and approved by the Board.

 


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ê2009 Statutes of Nevada, Page 1092 (Chapter 261, SB 197)ê

 

      3.  In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or an inspector of the Board, or two persons designated as agents by the Board who include an inspector of a health care board, a licensed practitioner of a health care board or a peace officer of an agency that enforces the provisions of chapters 453 and 454 of NRS.

      4.  As used in this section, “health care board” includes the State Board of Pharmacy, the State Board of Nursing, the Board of Medical Examiners and the Nevada State Board of Veterinary Medical Examiners.

      Sec. 8.  1.  This section and sections 1, 2, 3 and 6 of this act become effective upon passage and approval for the purposes of adopting regulations and on October 1, 2009, for all other purposes.

      2.  Sections 4, 5 and 7 of this act become effective on October 1, 2009.

________

 

CHAPTER 262, SB 228

Senate Bill No. 228–Senator Carlton

 

CHAPTER 262

 

AN ACT relating to dentistry; authorizing the ownership or operation of a dental office or clinic by certain nonprofit corporations and other organizations under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth the acts which constitute the practice of dentistry and a list of related acts which may be performed by persons not licensed by the Board of Dental Examiners of Nevada. (NRS 631.215) Section 4 of this bill revises that list to provide that certain nonprofit corporations and health centers may own and operate dental offices or clinics under certain circumstances.

      Section 2 of this bill provides that certain nonprofit corporations and health centers owning and operating dental offices or clinics must employ a licensed dentist as dental director and maintain certain records.

      Section 3 of this bill provides that the ownership or operation of a dental office or clinic under certain circumstances does not constitute a violation of law or a cause for disciplinary action under chapter 631 of NRS.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  An entity that owns or operates a dental office or clinic as described in paragraph (f) of subsection 2 of NRS 631.215 must:

      1.  Designate an actively licensed dentist as the dental director of the dental office or clinic. The dental director shall have responsibility for the clinical practice of dentistry at the dental office or clinic, including, without limitation:

      (a) Diagnosing or treating any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof.

 


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ê2009 Statutes of Nevada, Page 1093 (Chapter 262, SB 228)ê

 

      (b) Administering or prescribing such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases.

      (c) Determining:

            (1) Whether a particular treatment is necessary or advisable; or

            (2) Which particular treatment is necessary or advisable.

      (d) The overall quality of patient care that is rendered or performed in the clinical practice of dentistry.

      (e) Supervising dental hygienists, dental assistants and other personnel involved in direct patient care and authorizing procedures performed by the dental hygienists, dental assistants and other personnel in accordance with the standards of supervision established by law or regulations adopted pursuant thereto.

      (f) Providing any other specific services that are within the scope of clinical dental practice.

      (g) Retaining patient dental records as required by law and regulations adopted by the Board.

      (h) Ensuring that each patient receiving services from the dental office or clinic has a dentist of record.

      2.  Maintain current records of the names of licensed dentists who supervise the clinical activities of dental hygienists, dental assistants or other personnel involved in direct patient care. The records must be available to the Board upon written request.

      Sec. 3.  1.  It is not a violation of NRS 631.395 or an act of dishonorable or unprofessional conduct under NRS 631.346 to 631.349, inclusive, for an entity to own or operate a dental office or clinic as described in and operating in compliance with the provisions of paragraph (f) of subsection 2 of NRS 631.215 and section 2 of this act.

      2.  It is not a violation of NRS 631.3465 for a dentist or a professional entity organized by a dentist pursuant to the provisions of chapter 89 of NRS to contract with an entity described in and operating in compliance with the provisions of paragraph (f) of subsection 2 of NRS 631.215 and section 2 of this act.

      Sec. 4.  NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;

      (c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

 


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ê2009 Statutes of Nevada, Page 1094 (Chapter 262, SB 228)ê

 

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (l) Determines:

            (1) Whether a particular treatment is necessary or advisable; or

            (2) Which particular treatment is necessary or advisable; or

      (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is:

            (1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

            (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or qualified technician from making radiograms or X-ray exposures or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      (f) Prohibits the following entities from owning or operating a dental office or clinic if the entity complies with the provisions of section 2 of this act:

            (1) A nonprofit corporation organized pursuant to the provisions of chapter 82 of NRS to provide dental services to rural areas and medically underserved populations of migrant or homeless persons or persons in rural communities pursuant to the provisions of 42 U.S.C. § 254b or 254c.

            (2) A federally-qualified health center as defined in 42 U.S.C. § 1396d(l)(2)(B) operating in compliance with other applicable state and federal law.

            (3) A nonprofit charitable corporation as described in section 501(c)(3) of the Internal Revenue Code and determined by the Board to be providing dental services by volunteer licensed dentists at no charge or at a substantially reduced charge to populations with limited access to dental care.

________

 


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ê2009 Statutes of Nevada, Page 1095ê

 

CHAPTER 263, SB 251

Senate Bill No. 251–Senator Nolan

 

CHAPTER 263

 

AN ACT relating to vehicles; specifying certain circumstances under which a tow car can display flashing amber warning lights; requiring the driver of a vehicle to take certain actions when he approaches a tow car which is stopped and making use of flashing amber warning lights; specifying the circumstances under which a vehicle operated by a licensed private patrolman or his employee may display flashing amber warning lights; providing fees for certain permits; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the operator of a tow car to equip the tow car with flashing amber warning lights pursuant to a permit issued by the Nevada Highway Patrol. (NRS 484.579) Section 1.5 of this bill authorizes the use of flashing amber warning lights on a tow car when the tow car is at the scene of a traffic hazard.

      Section 3 of this bill requires a driver, upon approaching a tow car which is stopped and is making use of flashing amber warning lights to: (1) decrease the speed of his vehicle; (2) proceed with caution; (3) be prepared to stop; and (4) if possible, drive in a lane that is not adjacent to the lane in which the tow car is stopped. (NRS 484.364)

      Section 4 of this bill authorizes a tow car operator who during daylight attends to a motor vehicle disabled on the highway to place a red flare, red lantern, warning light or reflector in close proximity to each warning sign which the operator is required to place upon the highway in the vicinity of the disabled motor vehicle. (NRS 484.499)

      Sections 2.5 and 5 of this bill authorize the Nevada Highway Patrol to issue a permit authorizing the display of flashing amber warning lights on a vehicle operated by a licensed private patrolman or his employee when the private patrolman or his employee who operates the vehicle is engaged in the business for which the private patrolman is licensed and the vehicle is: (1) on private property which the private patrolman is authorized to protect; (2) on a public road and stopped adjacent to private property which the private patrolman is authorized to protect; or (3) on a public road and moving at a speed slower than the normal flow of traffic. Section 5 requires the Nevada Highway Patrol to charge and collect certain fees for the issuance of permits to display flashing amber warning lights on a vehicle, including a vehicle operated by a licensed private patrolman or his employee. (NRS 484.579)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 2.5 of this act.

      Sec. 1.5.  1.  A tow car which is equipped with flashing amber warning lights pursuant to NRS 484.579 may display flashing amber warning lights to the front, sides or rear of the tow car when at the scene of a traffic hazard.

      2.  Any flashing amber warning light used pursuant to this section must comply with the standards approved by the Department.

 


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ê2009 Statutes of Nevada, Page 1096 (Chapter 263, SB 251)ê

 

      Sec. 2.  (Deleted by amendment.)

      Sec. 2.5.  A vehicle which is operated by a private patrolman licensed pursuant to chapter 648 of NRS or his employee and which is equipped with flashing amber warning lights pursuant to NRS 484.579 may display flashing amber warning lights to the front, sides or rear of the vehicle when:

      1.  The private patrolman or his employee who operates the vehicle is engaged in the business for which the private patrolman is licensed; and

      2.  The vehicle is:

      (a) On private property which the private patrolman is authorized to protect;

      (b) On a public road and stopped adjacent to private property which the private patrolman is authorized to protect; or

      (c) On a public road and moving at a speed slower than the normal flow of traffic.

      Sec. 3.  NRS 484.364 is hereby amended to read as follows:

      484.364  1.  Upon approaching an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484.787 [,] or a tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of section 1.5 of this act, the driver of the approaching vehicle shall, in the absence of other direction given by a peace officer:

      (a) Decrease the speed of his vehicle to a speed that is:

            (1) Reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484.361; and

            (2) Less than the posted speed limit, if a speed limit has been posted;

      (b) Proceed with caution;

      (c) Be prepared to stop; and

      (d) If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle or tow car is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

      2.  A person who violates subsection 1 is guilty of a misdemeanor.

      Sec. 4.  NRS 484.499 is hereby amended to read as follows:

      484.499  Where a motor vehicle is disabled on the highway , [during darkness,] the tow car operator shall immediately upon arrival place warning signs upon the highway as prescribed in NRS 484.497 and :

      1.  During darkness, shall , if it is safe to do so, place not less than one red flare, red lantern, warning light or reflector in close proximity to each warning sign.

      2.  During daylight, may place a red flare, red lantern, warning light or reflector in close proximity to each warning sign.

      Sec. 5.  NRS 484.579 is hereby amended to read as follows:

      484.579  1.  It is unlawful to operate or display a flashing amber warning light on a vehicle except when an unusual traffic hazard exists or as authorized in NRS 484.582 [.] or section 1.5 or 2.5 of this act. This subsection does not prohibit the use of amber lights in electric signals for making turns.

      2.  It is unlawful for any person to mount flashing amber warning lights permanently on a vehicle without a permit from the Nevada Highway Patrol.

 


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ê2009 Statutes of Nevada, Page 1097 (Chapter 263, SB 251)ê

 

      3.  The Nevada Highway Patrol, upon written application, shall issue a permit to mount a flashing amber light on:

      (a) Vehicles of public utilities.

      (b) [Trucks for towing vehicles.] Tow cars.

      (c) Vehicles engaged in activities which create a public hazard upon the streets or highways.

      (d) Vehicles of coroners and their deputies.

      (e) Vehicles of Civil Air Patrol rescue units.

      (f) Vehicles of authorized sheriffs’ jeep squadrons.

      (g) Vehicles which escort funeral processions.

      (h) Vehicles operated by vendors of food or beverages, as provided in NRS 484.582.

      (i) Vehicles operated by private patrolmen licensed pursuant to chapter 648 of NRS or their employees.

      4.  Those permits expire on June 30 of each calendar year.

      5.  The Nevada Highway Patrol shall charge and collect the following fees for the issuance of a permit for the mounting of a flashing amber light:

      (a) Permit for a single vehicle................................................................. $2

      (b) Blanket permit for more than 5 but less than 15 vehicles............ 12

      (c) Blanket permit for 15 vehicles or more........................................... 24

      6.  Subsections 1 and 2 do not apply to an agency of any state or political subdivision thereof, or to an agency of the Federal Government.

      7.  All fees collected by the Nevada Highway Patrol pursuant to this section must be deposited with the State Treasurer for credit to the State Highway Fund.

      Sec. 6.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1098ê

 

CHAPTER 264, SB 253

Senate Bill No. 253–Senator Parks

 

CHAPTER 264

 

AN ACT relating to common-interest communities; requiring a member of an executive board of a unit-owners’ association who stands to profit personally from a matter before the executive board to disclose and abstain from voting on the matter; requiring a member of an executive board who has a member of his household or relative who stands to profit from a matter before the executive board to disclose before voting on the matter; requiring that bids for an association project be considered and opened at a meeting of the executive board; revising provisions relating to the renting or leasing of units; making provisions authorizing the transient commercial use of units in a planned community in certain circumstances applicable in all counties; revising the provisions relating to the resale package furnished to the purchaser of a unit; increasing the amount of the administrative fine for engaging in certain activity without holding the required certificate or permit; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill provides additional ethical requirements for members of an executive board of a unit-owners’ association by requiring: (1) a member who stands to gain any personal profit or compensation from a matter before the executive board to disclose the matter to the executive board and to abstain from voting on the matter; and (2) a member who has a member of his household or relative who stands to profit from a matter before the executive board to disclose before voting on the matter. (NRS 116.31185, 116.31187)

      With some exceptions, existing law requires an executive board to hold open meetings, including meetings to consider a contract. (NRS 116.31085) Sections 3 and 5 of this bill require an association that solicits bids for association projects, including, without limitation, projects that involve maintenance, repair, replacement or restoration of any part of the common elements or which involve services provided to the association, to consider and open the bids during a meeting of the executive board of the association.

      Existing law provides for remedial and disciplinary action for any violation of the provisions of chapter 116 of NRS governing common-interest communities which will apply to a violation of section 2 or 3 of this bill. (NRS 116.745-116.795)

      Existing law provides that except as otherwise provided in the declaration, an association may not require a unit’s owner to secure or obtain any approval from the association in order to rent or lease his unit. (NRS 116.335) Section 6 of this bill provides that unless, at the time a unit’s owner purchased his unit, the declaration prohibited the unit’s owner from renting or leasing his unit or required the unit’s owner to secure or obtain any approval from the association in order to rent or lease his unit, the association may not: (1) prohibit the unit’s owner from renting or leasing his unit; or (2) require the unit’s owner to secure or obtain any approval from the association in order to rent or lease his unit. Section 6 also provides that if a declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased: (1) that provision of the declaration may not be amended on or after October 1, 2009, to decrease that maximum number or percentage of units which may be rented or leased; (2) a unit’s owner may request a waiver of such provision upon a showing of economic hardship under certain circumstances; and (3) any units owned by the declarant must not be counted or considered in determining the maximum number of units in the common-interest community that may be rented or leased.

 


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ê2009 Statutes of Nevada, Page 1099 (Chapter 264, SB 253)ê

 

economic hardship under certain circumstances; and (3) any units owned by the declarant must not be counted or considered in determining the maximum number of units in the common-interest community that may be rented or leased.

      Section 7 of this bill makes the provisions allowing the transient commercial use of units within a planned community that is restricted to residential use in certain circumstances applicable in all counties rather than just in larger counties. (NRS 116.340)

      Existing law requires a unit’s owner or his authorized agent to furnish to a purchaser a resale package which includes certain documents relating to the association. (NRS 116.4109) Section 8 of this bill: (1) requires the unit’s owner to furnish the resale package at his own expense; and (2) requires the disclosure of any transfer fees, transaction fees or other fees associated with the resale of the unit.

      Section 9 of this bill increases the amount of the administrative fine that may be imposed against a person who engages in certain activity without holding the required certificate or permit from $5,000 to $10,000. (NRS 116A.900)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A member of an executive board who stands to gain any personal profit or compensation of any kind from a matter before the executive board shall:

      (a) Disclose the matter to the executive board; and

      (b) Abstain from voting on any such matter.

      2.  A member of an executive board who has a member of his household or any person related to him by blood, adoption or marriage within the third degree of consanguinity or affinity who stands to gain any personal profit or compensation of any kind from a matter before the executive board shall disclose the matter to the executive board before voting on any such matter.

      3.  For the purposes of this section, an employee of a declarant or an affiliate of a declarant who is a member of the executive board shall not, solely by reason of such employment or affiliation, be deemed to gain any personal profit or compensation.

      Sec. 3.  1.  If an association solicits bids for an association project, the bids must be opened during a meeting of the executive board.

      2.  As used in this section, “association project” includes, without limitation, a project that involves the maintenance, repair, replacement or restoration of any part of the common elements or which involves the provision of services to the association.

      Sec. 4.  NRS 116.1203 is hereby amended to read as follows:

      116.1203  1.  Except as otherwise provided in subsection 2, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

      2.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and sections 2 and 3 of this act, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than six units.

 


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ê2009 Statutes of Nevada, Page 1100 (Chapter 264, SB 253)ê

 

      Sec. 5.  NRS 116.31085 is hereby amended to read as follows:

      116.31085  1.  Except as otherwise provided in this section, a unit’s owner may attend any meeting of the units’ owners or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a unit’s owner may speak at such a meeting.

      2.  An executive board may not meet in executive session to open or consider bids for an association project as defined in section 3 of this act, or to enter into, renew, modify, terminate or take any other action regarding a contract, unless it is a contract between the association and an attorney.

      3.  An executive board may meet in executive session only to:

      (a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive, or to enter into, renew, modify, terminate or take any other action regarding a contract between the association and the attorney.

      (b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association.

      (c) Except as otherwise provided in subsection 4, discuss a violation of the governing documents, including, without limitation, the failure to pay an assessment.

      (d) Discuss the alleged failure of a unit’s owner to adhere to a schedule required pursuant to NRS 116.310305 if the alleged failure may subject the unit’s owner to a construction penalty.

      4.  An executive board shall meet in executive session to hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted by the executive board. If the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted, the person:

      (a) Is entitled to attend all portions of the hearing related to the alleged violation, including, without limitation, the presentation of evidence and the testimony of witnesses; and

      (b) Is not entitled to attend the deliberations of the executive board.

      5.  Except as otherwise provided in this subsection, any matter discussed by the executive board when it meets in executive session must be generally noted in the minutes of the meeting of the executive board. The executive board shall maintain minutes of any decision made pursuant to subsection 4 concerning an alleged violation and, upon request, provide a copy of the decision to the person who was subject to being sanctioned at the hearing or to his designated representative.

      6.  Except as otherwise provided in subsection 4, a unit’s owner is not entitled to attend or speak at a meeting of the executive board held in executive session.

      Sec. 6.  NRS 116.335 is hereby amended to read as follows:

      116.335  1.  [Except as otherwise provided in] Unless, at the time a unit’s owner purchased his unit, the declaration [,] prohibited the unit’s owner from renting or leasing his unit, the association may not prohibit the unit’s owner from renting or leasing his unit.

      2.  Unless, at the time a unit’s owner purchased his unit, the declaration required the unit’s owner to secure or obtain any approval from the association in order to rent or lease his unit, an association may not require [a] the unit’s owner to secure or obtain any approval from the association in order to rent or lease his unit.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 1101 (Chapter 264, SB 253)ê

 

from the association in order to rent or lease his unit, an association may not require [a] the unit’s owner to secure or obtain any approval from the association in order to rent or lease his unit.

      [2.] 3.  If a declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, that provision of the declaration may not be amended to decrease that maximum number or percentage of units in the common-interest community which may be rented or leased.

      4.  The provisions of this section do not prohibit an association from enforcing any provisions which govern the renting or leasing of units and which are contained in this chapter or in any other applicable federal, state or local laws or regulations.

      5.  Notwithstanding any other provision of law or the declaration to the contrary:

      (a) If a unit’s owner is prohibited from renting or leasing a unit because the maximum number or percentage of units which may be rented or leased in the common-interest community have already been rented or leased, the unit’s owner may seek a waiver of the prohibition from the executive board based upon a showing of economic hardship, and the executive board may grant such a waiver and approve the renting or leasing of the unit.

      (b) If the declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, in determining the maximum number or percentage of units in the common-interest community which may be rented or leased, the number of units owned by the declarant must not be counted or considered.

      Sec. 7.  NRS 116.340 is hereby amended to read as follows:

      116.340  1.  Except as otherwise provided in subsection 2, [in a county whose population is 400,000 or more,] a person who owns, or directly or indirectly has an interest in, one or more units within a planned community that are restricted to residential use by the declaration [,] may use that unit or one of those units for a transient commercial use only if:

      (a) The governing documents of the association and any master association do not prohibit such use;

      (b) The executive board of the association and any master association approve the transient commercial use of the unit, except that such approval is not required if the planned community and one or more hotels are subject to the governing documents of a master association and those governing documents do not prohibit such use; and

      (c) The unit is properly zoned for the transient commercial use and any license required by the local government for the transient commercial use is obtained.

      2.  [In a county whose population is 400,000 or more, a] A declarant who owns, or directly or indirectly has an interest in, one or more units within a planned community under the governing documents of the association that are restricted to residential use by the declaration [,] may use that unit or those units for a transient commercial use during the period that the declarant is offering units for sale within the planned community if such use complies with the requirements set forth in paragraphs (a) and (c) of subsection 1.

 


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ê2009 Statutes of Nevada, Page 1102 (Chapter 264, SB 253)ê

 

      3.  The association and any master association may establish requirements for the transient commercial use of a unit pursuant to the provisions of this section, including, without limitation, the payment of additional fees that are related to any increase in services or other costs associated with the transient commercial use of the unit.

      4.  As used in this section:

      (a) “Remuneration” means any compensation, money, rent or other valuable consideration given in return for the occupancy, possession or use of a unit.

      (b) “Transient commercial use” means the use of a unit, for remuneration, as a hostel, hotel, inn, motel, resort, vacation rental or other form of transient lodging if the term of the occupancy, possession or use of the unit is for less than 30 consecutive calendar days.

      Sec. 8.  NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his authorized agent shall , at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:

      (a) A copy of the declaration, other than any plats and plans, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152; [and]

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge [.] ; and

      (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit.

      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, he must hand deliver the notice of cancellation to the unit’s owner or his authorized agent or mail the notice of cancellation by prepaid United States mail to the unit’s owner or his authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

 


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ê2009 Statutes of Nevada, Page 1103 (Chapter 264, SB 253)ê

 

      3.  Within 10 days after receipt of a written request by a unit’s owner or his authorized agent, the association shall furnish all of the following to the unit’s owner or his authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b) , [and] (d) and (e) of subsection 1.

      4.  If the association furnishes the documents and certificate pursuant to subsection 3:

      (a) The unit’s owner or his authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

      (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.

      (c) The association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page, to cover the cost of copying the other documents furnished pursuant to subsection 3.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 days allowed by this section, the seller is not liable for the delinquent assessment.

      6.  Upon the request of a unit’s owner or his authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

      Sec. 9.  NRS 116A.900 is hereby amended to read as follows:

      116A.900  1.  In addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly:

      (a) Engages or offers to engage in any activity for which a certificate or permit is required pursuant to this chapter or chapter 116 or 116B of NRS, or any regulation adopted pursuant thereto, if the person does not hold the required certificate or permit or has not been given the required authorization; or

      (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

 


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ê2009 Statutes of Nevada, Page 1104 (Chapter 264, SB 253)ê

 

      2.  If the Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or [$5,000,] $10,000, whichever amount is greater.

      3.  In determining the appropriate amount of the administrative fine, the Commission shall consider:

      (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

      (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

      (c) The person’s history or record of other violations; and

      (d) Any other facts or circumstances that the Commission deems to be relevant.

      4.  Before the Commission may impose the administrative fine, the Commission must provide the person with notice and an opportunity to be heard.

      5.  The person is entitled to judicial review of the decision of the Commission in the manner provided by chapter 233B of NRS.

      6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter or chapter 116 or 116B of NRS if:

      (a) A specific statute exempts the person from complying with the provisions of this chapter or chapter 116 or 116B of NRS with regard to those activities; and

      (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

________

 

CHAPTER 265, SB 266

Senate Bill No. 266–Senator Carlton

 

CHAPTER 265

 

AN ACT relating to the practice of medicine; authorizing the Board of Medical Examiners and the State Board of Osteopathic Medicine to issue special event licenses and establish fees for those licenses; requiring those boards to adopt regulations concerning those licenses; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Medical Examiners to issue certain types of special licenses. (NRS 630.258-630.265) Sections 1 and 3 of this bill authorize the Board of Medical Examiners to issue special event licenses to licensed physicians of another state who wish to conduct demonstrations of medical techniques and procedures in this State. (NRS 630.268)

      Existing law authorizes the State Board of Osteopathic Medicine to issue certain types of special licenses. (NRS 633.391-633.415) Sections 4 and 6 of this bill authorize the State Board of Osteopathic Medicine to issue special event licenses to persons licensed to practice osteopathic medicine in another state who wish to conduct demonstrations of medical techniques and procedures in this State. (NRS 633.501)

 


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ê2009 Statutes of Nevada, Page 1105 (Chapter 265, SB 266)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 630.161, the Board may issue a special event license to a licensed physician of another state to conduct demonstrations of medical techniques and procedures at a special event in this State.

      2.  A licensed physician of another state who applies for a special event license pursuant to this section:

      (a) Must be in good standing in that state; and

      (b) Is not required to take or pass a written examination concerning his qualifications to practice medicine but must satisfy the requirements for a special event license set forth in regulations adopted by the Board pursuant to subsection 5.

      3.  A physician who holds a special event license issued pursuant to this section may perform medical techniques and procedures pursuant to the license for demonstration purposes only.

      4.  A special event license issued pursuant to the provisions of this section is valid for a short period, as determined by the Board, and is not renewable.

      5.  The Board shall adopt regulations to carry out the provisions of this section.

      6.  For the purposes of this section, “special event” means a scheduled activity or event at which a physician appears as a clinician for teaching or demonstrating certain methods of technical procedures if:

      (a) The persons attending the scheduled activity or event are:

            (1) Members of a medical society or other medical organization;

            (2) Persons who are attending a medical convention;

            (3) Students or faculty members of a medical school; or

            (4) Licensed physicians; and

      (b) The scheduled activity or event is being held before any combination of the persons described in paragraph (a) and is being held at:

            (1) A meeting or other gathering of a medical society or other medical organization;

            (2) A medical convention;

            (3) A medical school; or

            (4) A licensed hospital.

      Sec. 2.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, and section 1 of this act, a license may be issued to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (b) Has received the degree of doctor of medicine from a medical school:

 


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ê2009 Statutes of Nevada, Page 1106 (Chapter 265, SB 266)ê

 

            (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

            (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of his licensure, or has passed:

            (1) All parts of the examination given by the National Board of Medical Examiners;

            (2) All parts of the Federation Licensing Examination;

            (3) All parts of the United States Medical Licensing Examination;

            (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

            (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

            (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

      (d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

            (1) Has completed 36 months of progressive postgraduate:

                  (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or

                  (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or

            (2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

      (e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

      Sec. 3.  NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician, including a license by endorsement........................................................... $600

For application for and issuance of a temporary, locum tenens, limited, restricted, special , [or] special purpose license or special event license 400

For renewal of a limited, restricted or special license................. 400

For application for and issuance of a license as a physician assistant      400

 


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ê2009 Statutes of Nevada, Page 1107 (Chapter 265, SB 266)ê

 

For biennial registration of a physician assistant...................... $800

For biennial registration of a physician......................................... 800

For application for and issuance of a license as a practitioner of respiratory care   400

For biennial registration of a practitioner of respiratory care... 600

For biennial registration for a physician who is on inactive status 400

For written verification of licensure................................................ 50

For a duplicate identification card................................................... 25

For a duplicate license........................................................................ 50

For computer printouts or labels.................................................... 500

For verification of a listing of physicians, per hour...................... 20

For furnishing a list of new physicians.......................................... 100

 

      2.  In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      Sec. 4.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 633.315, the Board may issue a special event license to a person licensed to practice osteopathic medicine in another state to conduct demonstrations of medical techniques and procedures at a special event in this State.

      2.  A person licensed to practice osteopathic medicine in another state who applies for a special event license pursuant to this section:

      (a) Must be in good standing in that state; and

      (b) Is not required to take or pass a written examination concerning his qualifications to practice osteopathic medicine but must satisfy the requirements for a special event license set forth in regulations adopted by the Board pursuant to subsection 5.

      3.  A person who holds a special event license issued pursuant to this section may perform medical techniques and procedures pursuant to the license for demonstration purposes only.

      4.  A special event license issued pursuant to the provisions of this section is valid for a short period, as determined by the Board, and is not renewable.

      5.  The Board shall adopt regulations to carry out the provisions of this section.

      6.  For the purposes of this section, “special event” means a scheduled activity or event at which an osteopathic physician appears as a clinician for teaching or demonstrating certain methods of technical procedures if:

      (a) The persons attending the scheduled activity or event are:

            (1) Members of an osteopathic medical society or other osteopathic medical organization;

 


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ê2009 Statutes of Nevada, Page 1108 (Chapter 265, SB 266)ê

 

            (2) Persons who are attending an osteopathic medical convention;

            (3) Students or faculty members of a school of osteopathic medicine; or

            (4) Osteopathic physicians; and

      (b) The scheduled activity or event is being held before any combination of the persons described in paragraph (a) and is being held at:

            (1) A meeting or other gathering of an osteopathic medical society or other osteopathic medical organization;

            (2) An osteopathic medical convention;

            (3) A school of osteopathic medicine; or

            (4) A licensed hospital.

      Sec. 5.  NRS 633.401 is hereby amended to read as follows:

      633.401  1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to practice osteopathic medicine:

      (a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his patients in association with an osteopathic physician in this State who has primary care of the patients.

      (b) To a resident while he is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.

      (c) [For] Other than a license issued pursuant to section 4 of this act, for a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

      2.  A special license issued under this section may be renewed by the Board upon application of the licensee.

      3.  Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

      Sec. 6.  NRS 633.501 is hereby amended to read as follows:

      633.501  The Board shall charge and collect fees not to exceed the following amounts:

      1.  Application and initial license fee for an osteopathic physician $800

      2.  Annual license renewal fee for an osteopathic physician........... 500

      3.  Temporary license fee....................................................................... 500

      4.  Special license fee............................................................................. 200

      5.  Special event license fee ................................................................. 200

      6.  Special license renewal fee.............................................................. 200

      [6.] 7.  Reexamination fee...................................................................... 200

      [7.] 8.  Late payment fee........................................................................ 300

      [8.] 9.  Application and initial license fee for a physician assistant 400

      [9.] 10.  Annual license renewal fee for a physician assistant......... 400

      [10.] 11.  Inactive license fee................................................................ 200

      Sec. 7.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1109ê

 

CHAPTER 266, SB 276

Senate Bill No. 276–Senator McGinness (by request)

 

CHAPTER 266

 

AN ACT relating to taxation; clarifying the requirements for imposition and collection of the real property transfer tax on certain land sale installment contracts; requiring that such instruments be recorded; imposing conditions on the approval and recording of certain documents relating to the division of land; establishing certain actions relating to land sale contracts; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law imposes a tax on each deed by which lands, tenements or other realty are assigned, transferred or otherwise conveyed. (NRS 375.020) Under the existing law, payment of the transfer tax can be avoided if the instrument memorializing the transfer is not recorded pursuant to NRS 111.315.

      Sections 2-9 of this bill require payment of the real property transfer tax on transfers of property evidenced by land sale installment contracts. Additionally, section 8 prohibits a county recorder from accepting for recordation any deed, conveyance or land sale installment contract if certain taxes have not been paid.

      Sections 10-13 of this bill require submission of an affidavit regarding payment of the tax and compliance with certain requirements for land sale installment contracts as a condition to local governmental approval of certain documents relating to the division of land.

      Section 14 of this bill makes the failure to make certain disclosures, record a land sale installment contract or pay the tax on such a contract a deceptive trade practice.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 375.010 is hereby amended to read as follows:

      375.010  1.  The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:

      (a) “Buyer” means a person or other legal entity acquiring title to any estate or present interest in real property in this State by deed, including, without limitation, a grantee or other transferee of real property.

      (b) “Deed” means every instrument in writing, whatever its form and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, except that the term does not include:

            (1) A lease for any term of years;

            (2) An easement;

            (3) A deed of trust or common-law mortgage instrument that encumbers real property;

            (4) A last will and testament;

            (5) A distribution of the separate property of a decedent pursuant to chapter 134 of NRS;

 


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ê2009 Statutes of Nevada, Page 1110 (Chapter 266, SB 276)ê

 

            (6) An affidavit of a surviving tenant;

            (7) A conveyance of a right-of-way; or

            (8) A conveyance of an interest in gas, oil or minerals.

      (c) “Escrow” means the delivery of a deed by the seller into the hands of a third person, including an attorney, title company, real estate broker or other person engaged in the business of administering escrows for compensation, to be held by the third person until the happening of a contingency or performance of a condition, and then to be delivered by the third person to the buyer.

      (d) “Land sale installment contract” means any agreement between a seller and a buyer of real property located in this State pursuant to which the buyer gives and the seller receives the consideration paid in multiple payments during a specified period and the seller retains title to the real property that is the subject of the agreement until the full contract price is paid, at which time title to the real property is transferred by an instrument in writing from the seller to the buyer. The term does not include a deed of trust or common-law mortgage instrument that encumbers real property or an option to purchase real property.

      (e) “Seller” means a person or other legal entity transferring title to any estate or present interest in real property in this State by deed, including, without limitation, a grantor or other transferor of real property.

      [(e)] (f) “Value” means:

            (1) In the case of any deed which is not a gift, or a land sale installment contract, the amount of the full purchase price paid or to be paid for the real property.

            (2) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated fair market value of the property.

      2.  As used in paragraph (e) of subsection 1, “estimated fair market value” means the estimated price the real property would bring on the open market in a sale between a willing buyer and a willing seller. Such price may be derived from the assessor’s taxable value or the prior purchase price, if the prior purchase was within the 5 years immediately preceding the date of valuation, whichever is higher.

      Sec. 2.  NRS 375.020 is hereby amended to read as follows:

      375.020  1.  A tax, at the rate of:

      (a) In a county whose population is 400,000 or more, $1.25; and

      (b) In a county whose population is less than 400,000, 65 cents,

Ê for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

      2.  The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

      Sec. 3.  NRS 375.023 is hereby amended to read as follows:

      375.023  1.  In addition to all other taxes imposed on transfers of real property, a tax, at the rate of $1.30 on each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

 


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ê2009 Statutes of Nevada, Page 1111 (Chapter 266, SB 276)ê

 

      2.  The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060.

      3.  The county recorder of each county shall collect the tax in the manner provided in NRS 375.030, except that the amount collected must be transmitted to the State Controller for deposit in the State General Fund within 30 days after the end of the calendar quarter during which the tax was collected.

      4.  The county recorder of each county may deduct and withhold from the taxes collected 1 percent of those taxes to reimburse the county for the cost of collecting the tax.

      Sec. 4.  NRS 375.026 is hereby amended to read as follows:

      375.026  1.  In addition to all other taxes imposed on transfers of real property, the board of county commissioners of a county whose population is less than 400,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof, on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

      2.  The amount of the tax must be computed on the basis of the value of the [transferred] real property that is the subject of the transfer or land sale installment contract as declared pursuant to NRS 375.060.

      3.  The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall transmit all the proceeds from the tax imposed pursuant to this section to the State Treasurer for use in the Plant Industry Program as required by NRS 561.355.

      Sec. 5.  NRS 375.030 is hereby amended to read as follows:

      375.030  1.  If any deed evidencing a transfer of title or land sale installment contract subject to the tax imposed by NRS 375.020 and 375.023 and, if applicable, NRS 375.026 is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.

      2.  The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020, 375.023 and 375.026 and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020, 375.023 and 375.026 or any penalties or interest imposed pursuant to subsection 3.

      3.  If , after recordation of the deed [,] or land sale installment contract, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed or land sale installment contract and the buyer and seller of the additional amount of tax due. If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed or land sale installment contract on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.

      4.  This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.

 


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ê2009 Statutes of Nevada, Page 1112 (Chapter 266, SB 276)ê

 

payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.

      Sec. 6.  NRS 375.060 is hereby amended to read as follows:

      375.060  1.  Each deed evidencing a transfer of title of real property or land sale installment contract that is presented for recordation to the county recorder must be accompanied by a declaration of value made on a form prescribed by the Nevada Tax Commission.

      2.  A county recorder shall not charge or collect any fees for recording the declaration of value required pursuant to this section.

      Sec. 7.  NRS 375.090 is hereby amended to read as follows:

      375.090  The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:

      1.  A mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership.

      2.  A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

      3.  A transfer of title recognizing the true status of ownership of the real property [.] , including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.

      4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

      5.  A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.

      6.  A transfer of title between former spouses in compliance with a decree of divorce.

      7.  A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.

      8.  Transfers, assignments or conveyances of unpatented mines or mining claims.

      9.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

      10.  A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.109.

      11.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

      (a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;

      (b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or

      (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,

Ê if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

 


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ê2009 Statutes of Nevada, Page 1113 (Chapter 266, SB 276)ê

 

      12.  The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:

      (a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

      (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

      (c) The transfer or conveyance is made in obedience to the order.

      13.  A transfer to an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

      14.  A transfer to a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.

      Sec. 8.  NRS 375.100 is hereby amended to read as follows:

      375.100  The county recorder shall refuse to record any deed , [or] conveyance or land sale installment contract upon which a tax is imposed by this chapter if the tax has not been paid and is not subject to liability for refusing to record a deed , [or] conveyance or land sale installment contract for which a tax imposed pursuant to this chapter has not been paid.

      Sec. 9.  NRS 375.110 is hereby amended to read as follows:

      375.110  Any person who willfully falsely declares the value of transferred real property or land sale installment contract pursuant to NRS 375.060 is guilty of a misdemeanor and shall pay the amount of any additional tax required on account of the falsification.

      Sec. 10.  NRS 278.349 is hereby amended to read as follows:

      278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after receipt of the planning commission’s recommendations.

      2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after the map is filed with the clerk of the governing body.

      3.  The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

      (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

      (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

      (c) The availability and accessibility of utilities;

      (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

 


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      (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

      (f) General conformity with the governing body’s master plan of streets and highways;

      (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

      (h) Physical characteristics of the land such as floodplain, slope and soil;

      (i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive; [and]

      (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands [.] ; and

      (k) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

      4.  The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. The governing body or planning commission shall not approve the tentative map unless the subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest. Any disapproval or conditional approval must include a statement of the reason for that action.

      Sec. 11.  NRS 278.461 is hereby amended to read as follows:

      278.461  1.  Except as otherwise provided in this section, a person who proposes to divide any land for transfer or development into four lots or less shall:

      (a) Prepare a parcel map and file the number of copies, as required by local ordinance, of the parcel map with the planning commission or its designated representative or, if there is no planning commission, with the clerk of the governing body; and

      (b) Pay a filing fee in an amount determined by the governing body,

Ê unless those requirements are waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid [.] , and by the affidavit of the person who proposes to divide the land stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the person who proposes to divide the land or any successor in interest.

      2.  In addition to any other requirement set forth in this section, a person who is required to prepare a parcel map pursuant to subsection 1 shall provide a copy of the parcel map to the Division of Water Resources of the State Department of Conservation and Natural Resources and obtain a certificate from the Division indicating that the parcel map is approved as to the quantity of water available for use if:

 


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State Department of Conservation and Natural Resources and obtain a certificate from the Division indicating that the parcel map is approved as to the quantity of water available for use if:

      (a) Any parcel included in the parcel map:

            (1) Is within or partially within a basin designated by the State Engineer pursuant to NRS 534.120 for which the State Engineer has issued an order requiring approval by him of the parcel map; and

            (2) Will be served by a domestic well; and

      (b) The dedication of a right to appropriate water to ensure a sufficient supply of water is not required by an applicable local ordinance.

      3.  If the parcel map is submitted to the clerk of the governing body, he shall submit the parcel map to the governing body at its next regular meeting.

      4.  A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462, 278.464 and 278.466.

      5.  A parcel map is not required when the division is for the express purpose of:

      (a) The creation or realignment of a public right-of-way by a public agency.

      (b) The creation or realignment of an easement.

      (c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels, which does not result in the creation of any additional parcels, if such an adjustment is approved pursuant to NRS 278.5692 and is made in compliance with the provisions of NRS 278.5693.

      (d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

      (e) Carrying out an order of any court or dividing land as a result of an operation of law.

      6.  A parcel map is not required for any of the following transactions involving land:

      (a) The creation of a lien, mortgage, deed of trust or any other security instrument.

      (b) The creation of a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity.

      (c) Conveying an interest in oil, gas, minerals or building materials, which is severed from the surface ownership of real property.

      (d) Conveying an interest in land acquired by the Department of Transportation pursuant to chapter 408 of NRS.

      (e) Filing a certificate of amendment pursuant to NRS 278.473.

      7.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.

      8.  Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.

 


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      9.  As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350.

      Sec. 12.  NRS 278.464 is hereby amended to read as follows:

      278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

      2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

      3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

      4.  The planning commission and the governing body or director of planning or other authorized person or agency shall not approve the parcel map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.

      5.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

 


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      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.

      [5.] 6.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

      [6.] 7.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.

      [7.] 8.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.

      Sec. 13.  NRS 278.4713 is hereby amended to read as follows:

      278.4713  1.  Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725, inclusive, must first:

      (a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission; [and]

      (b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the person who proposes to make a division of land or any successor in interest; and

      (c) Pay a filing fee of no more than $750 set by the governing body.

      2.  This map must be:

      (a) Entitled “Tentative Map of Division into Large Parcels”; and

      (b) Prepared and certified by a professional land surveyor.

      3.  This map must show:

      (a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

      (b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

      (c) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

 


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      (d) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide water and sewer services.

      (e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      (f) An indication of any existing road or easement which the owner does not intend to dedicate.

      (g) The name and address of the owner of the land.

      4.  The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.

      Sec. 14.  NRS 598.0923 is hereby amended to read as follows:

      598.0923  A person engages in a “deceptive trade practice” when in the course of his business or occupation he knowingly:

      1.  Conducts the business or occupation without all required state, county or city licenses.

      2.  Fails to disclose a material fact in connection with the sale or lease of goods or services.

      3.  Violates a state or federal statute or regulation relating to the sale or lease of goods or services.

      4.  Uses coercion, duress or intimidation in a transaction.

      5.  As the seller in a land sale installment contract, fails to:

      (a) Disclose in writing to the buyer:

            (1) Any encumbrance or other legal interest in the real property subject to such contract; or

            (2) Any condition known to the seller that would affect the buyer’s use of such property.

      (b) Disclose the nature and extent of legal access to the real property subject to such agreement.

      (c) Record the land sale installment contract pursuant to NRS 111.315 within 30 calendar days after the date upon which the seller accepts the first payment from the buyer under such a contract.

      (d) Pay the tax imposed on the land sale installment contract pursuant to chapter 375 of NRS.

      (e) Include terms in the land sale installment contract providing rights and protections to the buyer that are substantially the same as those under a foreclosure pursuant to chapter 40 of NRS.

Ê As used in this subsection, “land sale installment contract” has the meaning ascribed to it in paragraph (d) of subsection 1 of NRS 375.010.

      Sec. 15.  This act becomes effective on July 1, 2009.

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