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ê2011 Statutes of Nevada, Page 723ê

 

CHAPTER 159, SB 45

Senate Bill No. 45–Committee on Legislative Operations and Elections

 

CHAPTER 159

 

[Approved: May 30, 2011]

 

AN ACT relating to peace officers; revising provisions conferring the powers of a peace officer upon certain personnel of the Department of Public Safety; providing that certain personnel of the Department are category I peace officers; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law specifically confers the powers of a peace officer upon certain personnel of the Department of Public Safety, including: (1) the State Fire Marshal and the assistant and deputies of the State Fire Marshal; (2) the investigators, agents, officers and employees of the Investigation Division; (3) the personnel of the Capitol Police Division; and (4) certain personnel of the Nevada Highway Patrol. (NRS 289.250, 289.270) Sections 1-3 of this bill remove those provisions specifically conferring the powers of a peace officer upon such personnel and provide generally that all personnel assigned to a sworn position in any division of the Department of Public Safety have the powers of a peace officer. Section 3 also removes parole and probation officers, the assistant and deputies of the State Fire Marshal and the personnel of the Capitol Police Division from the list of “category II” peace officers, thereby making such personnel “category I” peace officers with unrestricted duties. Section 5 of this bill removes a redundant reference to the State Fire Marshal which is not necessary because the State Fire Marshal is a chief of a division of the Department of Public Safety and, as such, is already covered in the general provision exempting division chiefs from certification by the Peace Officers’ Standards and Training Commission.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 289.250 is hereby amended to read as follows:

     289.250  1.  [The State Fire Marshal and the assistant and deputies of the State Fire Marshal have the powers of a peace officer.

     2.]  The following persons have only those powers of a peace officer necessary to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire:

     (a) Paid foresters and firewardens appointed pursuant to paragraph (a) of subsection 2 of NRS 472.040.

     (b) Citizen-wardens appointed pursuant to paragraph (b) of subsection 2 of NRS 472.040.

     (c) Voluntary firewardens appointed pursuant to paragraph (c) of subsection 2 of NRS 472.040.

     [3.] 2.  A paid forester or firewarden appointed as an arson investigator pursuant to paragraph (d) of subsection 2 of NRS 472.040 has the powers of a peace officer.

     [4.] 3.  An arson investigator designated as a peace officer pursuant to:

 


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     (a) Paragraph (c) of subsection 1 of NRS 244.2961; or

     (b) Subsection 3 of NRS 266.310,

Ê has the powers of a peace officer.

     Sec. 2.  NRS 289.270 is hereby amended to read as follows:

     289.270  1.  The following persons have the powers of a peace officer:

     (a) The Director of the Department of Public Safety.

     (b) The chiefs of the divisions of the Department of Public Safety.

     (c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.

     (d) The [investigators and agents of the Investigation Division of the Department of Public Safety and any other officer or employee of that Division] personnel of the Department of Public Safety assigned in a sworn position to any division of the Department whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty.

     (e) [The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140.

     (f) The personnel of the Nevada Highway Patrol whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty.] Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.

     2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

     3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

     [4.  Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.]

     Sec. 3.  NRS 289.470 is hereby amended to read as follows:

     289.470  “Category II peace officer” means:

     1.  The Bailiff of the Supreme Court;

     2.  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;

     3.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

     4.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

     5.  [Parole and probation officers;

 


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ê2011 Statutes of Nevada, Page 725 (Chapter 159, SB 45)ê

 

     6.]  Special investigators who are employed full-time by the office of any district attorney or the Attorney General;

     [7.] 6.  Investigators of arson for fire departments who are specially designated by the appointing authority;

     [8.  The assistant and deputies of the State Fire Marshal;

     9.] 7.  The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

     [10.] 8.  The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

     [11.] 9.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;

     [12.] 10.  School police officers employed by the board of trustees of any county school district;

     [13.] 11.  Agents of the State Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

     [14.] 12.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

     [15.] 13.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

     [16.] 14.  Legislative police officers of the State of Nevada;

     [17.  The personnel of the Capitol Police Division of the Department of Public Safety appointed pursuant to subsection 2 of NRS 331.140;

     18.] 15.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;

     [19.] 16.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

     [20.] 17.  Field investigators of the Taxicab Authority;

     [21.] 18.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

     [22.] 19.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;

     [23.] 20.  Criminal investigators who are employed by the Secretary of State; and

     [24.] 21.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.

     Sec. 4.  NRS 289.480 is hereby amended to read as follows:

     289.480  “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection [24] 21 of NRS 289.470.

 


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ê2011 Statutes of Nevada, Page 726 (Chapter 159, SB 45)ê

 

     Sec. 5.  NRS 289.550 is hereby amended to read as follows:

     289.550  1.  Except as otherwise provided in subsection 2 and NRS 3.310 and 4.353, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

     2.  The following persons are not required to be certified by the Commission:

     (a) The Chief Parole and Probation Officer;

     (b) The Director of the Department of Corrections;

     (c) [The State Fire Marshal;

     (d)] The Director of the Department of Public Safety, the deputy directors of the Department, the chiefs of the divisions of the Department other than the Investigation Division and the Nevada Highway Patrol, and the members of the State Disaster Identification Team of the Division of Emergency Management of the Department;

     [(e)] (d) The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance;

     [(f)] (e) Railroad police officers; and

     [(g)] (f) California correctional officers.

     Sec. 6.  NRS 289.800 is hereby amended to read as follows:

     289.800  In addition to the compensation required by NRS 281.121, a state agency that employs a person:

     1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to [subsection] :

     (a) Subsection 1 of NRS 289.180, subsection 1 of NRS 289.220 [,] or paragraph [(f)] (e) of subsection 1 of NRS [289.270 or subsection 4 of NRS] 289.270; or

     (b) Paragraph (d) of subsection 1 of NRS 289.270 and who is employed by the Nevada Highway Patrol; and

     2.  Who is required to purchase and wear a uniform or other clothing, accessories or safety equipment while performing the person’s duties for the State as a peace officer,

Ê may, after first obtaining the written approval of the Director of the Department of Administration, reimburse that person for the cost to repair or replace the person’s required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while the person is performing the person’s duties for the State as a peace officer.

     Sec. 7.  NRS 179.530 is hereby amended to read as follows:

     179.530  1.  District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the Attorney General or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions existed on July 1, 1989.

 


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ê2011 Statutes of Nevada, Page 727 (Chapter 159, SB 45)ê

 

     2.  As used in this section, “peace officer” means:

     (a) Sheriffs of counties and metropolitan police departments and their deputies;

     (b) Investigators, agents, officers and employees of the Investigation Division of the Department of Public Safety who have the powers of peace officers pursuant to [paragraph (d) of subsection 1 of] NRS 289.270;

     (c) Police officers of cities and towns;

     (d) Agents of the State Gaming Control Board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

     (e) Special investigators employed by the Attorney General who have the powers of peace officers pursuant to NRS 289.170; and

     (f) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170.

     3.  A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.

     Sec. 8.  NRS 484A.205 is hereby amended to read as follows:

     484A.205  “Regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of subsection [2] 1 of NRS 289.250, NRS 289.260, subsection 2 of NRS 289.270, NRS 289.280, subsection 3 of NRS 289.290 or NRS 289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or 706.8821.

     Sec. 9.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 728ê

 

CHAPTER 160, SB 33

Senate Bill No. 33–Committee on Revenue

 

CHAPTER 160

 

[Approved: May 30, 2011]

 

AN ACT relating to taxation; consolidating provisions requiring confidentiality of certain records and files of the Department of Taxation; allowing the disclosure of information in such records and files to a federal agency under certain circumstances; clarifying the taxpayer information that is authorized to be made public concerning certain hearings of the Nevada Tax Commission; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law makes confidential and privileged certain records and files of the Department of Taxation which concern the administration of certain laws of this State and which contain information specifically related to a taxpayer subject to certain specific exemptions. (NRS 360.795, 363A.100, 363A.110, 363B.090, 363B.100, 372.750, 374.755, 375A.835, 375B.450) Section 1 of this bill consolidates the various provisions providing for such confidentiality and privilege and makes the confidentiality and privilege applicable to all records and files of the Department relating to the administration and collection of a tax, fee, assessment or other amount required by law to be collected, subject to the specific exceptions. In addition, section 1 allows the Department to disclose in confidence information in those records and files to a federal agency upon request for use in a federal prosecution or criminal investigation.

       Existing law requires a public body to provide to members of the public upon request a copy of any supporting material provided to members of the public body for an item on an agenda of an open meeting at the same time the supporting materials are provided to the members of the public body, except certain confidential materials and materials which pertain to a closed portion of such a meeting. (NRS 241.020) Section 2 of this bill makes an exception to this requirement when a taxpayer takes an appeal to the Nevada Tax Commission by prohibiting the Commission from providing members of the public with copies of any supplemental materials that the Commission receives relating to a taxpayer’s appeal until after the time by which the taxpayer is authorized to request a closed hearing so that the materials are not made public before the taxpayer is able to make such a request.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this section and NRS 239.0115 and 360.250, the records and files of the Department concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected are confidential and privileged. The Department, an employee of the Department and any other person engaged in the administration or collection of any tax, fee, assessment or other amount required by law to be collected or charged with the custody of any such records or files:

 


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ê2011 Statutes of Nevada, Page 729 (Chapter 160, SB 33)ê

 

     (a) Shall not disclose any information obtained from those records or files; and

     (b) May not be required to produce any of the records or files for the inspection of any person or governmental entity or for use in any action or proceeding.

     2.  The records and files of the Department concerning the administration and collection of any tax, fee, assessment or other amount required by law to be collected are not confidential and privileged in the following cases:

     (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a person in any action or proceeding before the Nevada Tax Commission, the State Board of Equalization, the Department or any court of this State if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

     (b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to the provisions of any law of this State.

     (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

     (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases, or disclosure in confidence to any federal agency that requests the information for the use of the agency in a federal prosecution or criminal investigation.

     (e) Disclosure in confidence to the Governor or his or her agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding relating to a taxpayer, or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

     (f) Exchanges of information pursuant to an agreement between the Nevada Tax Commission and any county fair and recreation board or the governing body of any county, city or town.

     (g) Upon written request made by a public officer of a local government, disclosure of the name and address of a taxpayer who must file a return with the Department. The request must set forth the social security number of the taxpayer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and privileged and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

     (h) Disclosure of information as to amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties to successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested.

 


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ê2011 Statutes of Nevada, Page 730 (Chapter 160, SB 33)ê

 

     (i) Disclosure of relevant information as evidence in an appeal by the taxpayer from a determination of tax due if the Nevada Tax Commission has determined the information is not proprietary or confidential in a hearing conducted pursuant to NRS 360.247.

     (j) Disclosure of the identity of a person and the amount of tax assessed and penalties imposed against the person at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the person a penalty for fraud or intent to evade a tax imposed by law becomes final or is affirmed by the Nevada Tax Commission.

     3.  The Executive Director shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which the Executive Director has a record. The list must include the mailing address of the business as reported to the Department.

     4.  The Executive Director may request from any other governmental agency or officer such information as the Executive Director deems necessary to carry out his or her duties with respect to the administration or collection of any tax, fee, assessment or other amount required by law to be collected. If the Executive Director obtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.

     5.  As used in this section:

     (a) “Records” or “files” means any records and files related to an investigation or audit, financial information, correspondence, advisory opinions, decisions of a hearing officer in an administrative hearing and any other information specifically related to a taxpayer.

     (b) “Taxpayer” means a person who pays any tax, fee, assessment or other amount required by law to the Department.

     Sec. 2.  NRS 360.247 is hereby amended to read as follows:

     360.247  1.  Except as otherwise provided in this section, any appeal to the Nevada Tax Commission which is taken by a taxpayer concerning his or her liability for tax must be heard during a session of the Commission which is open to the public. Upon request by the taxpayer, a hearing on such an appeal [may] must be closed to the public to receive proprietary or confidential information.

     2.  A taxpayer may request a closed hearing pursuant to subsection 1 by submitting the request in writing to the Nevada Tax Commission:

     (a) Not later than 14 calendar days before the date of the hearing; or

     (b) If authorized by the Executive Director for good cause shown, not later than 5 calendar days before the date of the hearing.

     3.  Notwithstanding the provisions of NRS 241.020, all information received by the Nevada Tax Commission concerning an appeal taken by a taxpayer pursuant to subsection 1 shall be deemed proprietary and confidential and the Nevada Tax Commission shall not provide a member of the public with any such information until after the date by which the taxpayer may submit a request for a closed hearing pursuant to subsection 2, even if the information is provided to members of the Nevada Tax Commission.

 


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ê2011 Statutes of Nevada, Page 731 (Chapter 160, SB 33)ê

 

Commission. Thereafter the information must be provided to a member of the public upon request unless the taxpayer has made a request for a closed hearing.

     4.  As soon as practicable after closing a hearing pursuant to subsection 1, the Nevada Tax Commission shall determine whether the information to be presented in the closed hearing is proprietary or confidential information. If the Commission, in its discretion, determines that the information is not proprietary or confidential information, the Commission shall immediately open the hearing to the public. If the Commission, in its discretion, determines that the information is proprietary or confidential information:

     (a) The hearing must remain closed to the public and the Commission shall receive the information in a manner that ensures that the members of the Commission have a reasonable and adequate opportunity to review the information and make any inquiries that any member believes to be necessary and appropriate.

     (b) After the receipt of and opportunity to review the proprietary or confidential information pursuant to paragraph (a), the Commission shall reopen the hearing to the public and proceed to deliberate toward a decision regarding issues in the appeal that are not proprietary or confidential.

     (c) After a hearing has been reopened pursuant to paragraph (b), the Commission shall, upon the request of any member of the Commission who believes that he or she cannot conduct meaningful deliberations with the other members of the Commission on the appeal because the appeal concerns proprietary or confidential information, close the hearing for further deliberations. The definitive vote on the appeal must be taken during a hearing of the Commission that is open to the public.

     [3.] 5.  The Nevada Tax Commission shall adopt regulations which establish procedures:

     (a) By which a taxpayer may request a closed hearing pursuant to this section.

     (b) By which the Commission may determine whether information is proprietary or confidential information during a closed hearing.

     [4.] 6.  Not later than 45 days after the Nevada Tax Commission deliberates in a closed hearing and makes a definitive decision on an appeal in a hearing that is open to the public pursuant to this section, the Commission shall prepare an abstract that explains the reasons for the decision, which must be made available to the public upon request. Such an abstract:

     (a) Must include, without limitation:

           (1) The name of the taxpayer;

           (2) The amount of the taxpayer’s liability, including interest and penalties;

           (3) The type of tax at issue; and

           (4) The general nature of the evidence relied upon by the Commission in reaching its decision.

     (b) Must not contain any proprietary or confidential information relating to the taxpayer.

     [5.] 7.  A member of the Nevada Tax Commission or an officer, agent or employee of the Department is not subject to any criminal penalty or civil liability for the use or publication of proprietary or confidential information received pursuant to the procedure set forth in subsection [2,] 4, regardless of whether the information was received during a closed hearing.

 


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ê2011 Statutes of Nevada, Page 732 (Chapter 160, SB 33)ê

 

     [6.] 8.  The Nevada Tax Commission shall take such actions as it deems necessary to protect the confidentiality of information provided by a taxpayer that the Commission has determined to be proprietary or confidential information, including, without limitation:

     (a) Issuing such protective orders as it deems necessary;

     (b) Restricting access to any hearing closed to the public and to the records and transcripts of any such hearing, without the prior approval of the Commission; and

     (c) Prohibiting any intervener allowed to attend such a hearing or allowed access to the records and transcripts of such a hearing from disclosing such information without prior authorization from the Commission.

     [7.] 9.  A person who violates a protective order issued by the Nevada Tax Commission pursuant to subsection [6] 8 is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

     [8.] 10.  As used in this section:

     (a) “Confidential economic information”:

           (1) Means any information which is not available to the public generally, which confers an economic benefit on the holder of the information as a result of its unavailability and which is the subject of reasonable efforts by the taxpayer to maintain its secrecy.

           (2) Includes, without limitation, information relating to the amount or source of any income, profits, losses or expenditures of the taxpayer, such as data relating to costs, prices or customers.

     (b) “Proprietary or confidential information”:

           (1) Means:

                (I) Any trade secret, confidential economic information or business information that is submitted to the Nevada Tax Commission by the taxpayer and is determined to be proprietary or confidential information by the Commission; or

                (II) Any information that a specific statute declares to be confidential or prohibits the Commission from making public.

           (2) Does not include any information that has been published for public distribution or is otherwise available to the public generally or in the public domain.

     Sec. 3.  NRS 360.795, 363A.100, 363A.110, 363B.090, 363B.100, 372.750, 374.755, 375A.835 and 375B.450 are hereby repealed.

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

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ê2011 Statutes of Nevada, Page 733ê

 

CHAPTER 161, SB 66

Senate Bill No. 66–Committee on Government Affairs

 

CHAPTER 161

 

[Approved: May 30, 2011]

 

AN ACT relating to domestic violence; authorizing the Attorney General to organize or sponsor multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence under certain circumstances; revising provisions concerning such teams organized or sponsored by a court or an agency of local government; imposing a civil penalty upon members of such teams who disclose confidential information concerning the death of a child; authorizing all such teams to receive data and information from certain reports and investigations and to use certain death certificates; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, certain unlawful acts constitute domestic violence when committed against certain specified persons. (NRS 33.018) Existing law authorizes a court or an agency of a local government to organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence. (NRS 217.475) If a court or an agency of a local government does not organize or sponsor such a team or if the court or agency requests the assistance of the Attorney General, section 1 of this bill authorizes the Attorney General to organize or sponsor one or more multidisciplinary teams to review the death of the victim of such a crime. Section 1 also establishes the powers and duties of such teams.

       Section 2 of this bill expands the authority of a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by a court or agency of local government under existing law to: (1) obtain relevant information and records concerning the victim and any person who was in contact with the victim; and (2) meet with other teams, persons, agencies and organizations that may have information relevant to the team’s review.

       Sections 1 and 2 also provide that each member of a multidisciplinary team which is organized or sponsored by the Attorney General or a court or an agency of a local government to review the death of a victim of a crime that constitutes domestic violence who discloses any confidential information concerning the death of a child is liable for a civil penalty of not more than $500. The Attorney General may bring an action to recover such a civil penalty and shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

       Section 3 of this bill adds multidisciplinary teams organized to review the deaths of victims of crimes that constitute domestic violence to the list of entities that are authorized under existing law to receive data or information from certain reports and investigations concerning the abuse or neglect of children. Under existing law, release to the public of information identifying the suspect of such a report by a person who is authorized to have access to the information is a misdemeanor. (NRS 432B.290)

       Section 3.5 of this bill specifies that a multidisciplinary team to review the death of a child may, if appropriate, meet and share information with a multidisciplinary team to review the death of a victim of a crime that constitutes domestic violence which is organized or sponsored by the Attorney General or a court or an agency of a local government.

 


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ê2011 Statutes of Nevada, Page 734 (Chapter 161, SB 66)ê

 

       Section 4 of this bill requires the State Board of Health to allow a multidisciplinary team organized to review the death of the victim of a crime that constitutes domestic violence to use death certificates in the custody of the State Registrar of Vital Statistics in the same manner as the Board allows a multidisciplinary team to review the death of a child under existing law.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Attorney General may organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018 if a court or an agency of a local government does not organize or sponsor a multidisciplinary team pursuant to NRS 217.475 or if the court or agency requests the assistance of the Attorney General. In addition to the review of a particular case, a multidisciplinary team organized or sponsored by the Attorney General pursuant to this section shall:

     (a) Examine the trends and patterns of deaths of victims of crimes that constitute domestic violence in this State;

     (b) Determine the number and type of incidents the team wishes to review;

     (c) Make policy and other recommendations for the prevention of deaths from crimes that constitute domestic violence;

     (d) Engage in activities to educate the public, providers of services to victims of domestic violence and policymakers concerning deaths from crimes that constitute domestic violence and strategies for intervention and prevention of such crimes; and

     (e) Recommend policies, practices and services to encourage collaboration and reduce the number of deaths from crimes that constitute domestic violence.

     2.  A multidisciplinary team organized or sponsored pursuant to this section may include, without limitation, the following members:

     (a) A representative of the Attorney General;

     (b) A representative of any law enforcement agency that is involved with a case under review;

     (c) A representative of the district attorney’s office in the county where a case is under review;

     (d) A representative of the coroner’s office in the county where a case is under review;

     (e) A representative of any agency which provides social services that is involved in a case under review;

     (f) A person appointed pursuant to subsection 3; and

     (g) Any other person that the Attorney General determines is appropriate.

     3.  An organization that is concerned with domestic violence may apply to the Attorney General or his or her designee for authorization to appoint a member to a multidisciplinary team organized or sponsored pursuant to this section. Such an application must be made in the form and manner prescribed by the Attorney General and is subject to the approval of the Attorney General or his or her designee.

 


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manner prescribed by the Attorney General and is subject to the approval of the Attorney General or his or her designee.

     4.  Each organization represented on a multidisciplinary team organized or sponsored pursuant to this section may share with other members of the team information in its possession concerning a victim who is the subject of a review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

     5.  The organizing or sponsoring of a multidisciplinary team pursuant to this section does not grant the Attorney General supervisory authority over, or restrict or impair the statutory authority of, any state or local governmental agency responsible for the investigation or prosecution of the death of a victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

     6.  Before organizing or sponsoring a multidisciplinary team pursuant to this section, the Attorney General shall adopt a written protocol describing the objectives and structure of the team.

     7.  A multidisciplinary team organized or sponsored pursuant to this section may request any person, agency or organization that is in possession of information or records concerning a victim who is the subject of a review or any person who was in contact with the victim to provide the team with any information or records that are relevant to the review. Any information or records provided to a team pursuant to this subsection are confidential.

     8.  A multidisciplinary team organized or sponsored pursuant to this section may, if appropriate, meet with any person, agency or organization that the team believes may have information relevant to a review conducted by the team, including, without limitation, a multidisciplinary team:

     (a) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;

     (b) To review any allegations of abuse, neglect, exploitation or isolation of an older person or the death of an older person that is alleged to be from abuse, neglect or isolation organized pursuant to NRS 228.270;

     (c) To review the death of a child organized pursuant to NRS 432B.405; or

     (d) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

     9.  Except as otherwise provided in subsection 10, each member of a multidisciplinary team organized or sponsored pursuant to this section is immune from civil or criminal liability for an activity related to the review of the death of a victim.

     10.  Each member of a multidisciplinary team organized or sponsored pursuant to this section who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

     11.  The Attorney General:

     (a) May bring an action to recover a civil penalty imposed pursuant to subsection 10 against a member of a multidisciplinary team organized or sponsored pursuant to this section; and

     (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

 


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     12.  The results of a review of the death of a victim conducted pursuant to this section are not admissible in any civil action or proceeding.

     13.  A multidisciplinary team organized or sponsored pursuant to this section shall submit a report of its activities to the Attorney General. The report must include, without limitation, the findings and recommendations of the team. The report must not include information that identifies any person involved in a particular case under review. The Attorney General shall make the report available to the public.

     Sec. 2.  NRS 217.475 is hereby amended to read as follows:

     217.475  1.  A court or an agency of a local government may organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

     2.  If a multidisciplinary team is organized or sponsored pursuant to subsection 1, the court or agency shall review the death of a victim upon receiving a written request from a person related to the victim within the third degree of consanguinity, if the request is received by the court or agency within 1 year after the date of death of the victim.

     3.  Members of a team that is organized or sponsored pursuant to subsection 1 serve at the pleasure of the court or agency that organizes or sponsors the team and must include, without limitation, representatives of organizations concerned with law enforcement, issues related to physical or mental health, or the prevention of domestic violence and assistance to victims of domestic violence.

     4.  Each organization represented on such a team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

     5.  A team organized or sponsored pursuant to this section may, upon request, provide a report concerning its review to a person related to the victim within the third degree of consanguinity.

     6.  Before establishing a team to review the death of a victim pursuant to this section, a court or an agency shall adopt a written protocol describing its objectives and the structure of the team.

     7.  A team organized or sponsored pursuant to this section may request any person, agency or organization that is in possession of information or records concerning the victim who is the subject of the review or any person who was in contact with the victim to provide the team with any information or records that are relevant to the team’s review. Any information or records provided to a team pursuant to this subsection are confidential.

     8.  A team organized or sponsored pursuant to this section may, if appropriate, meet with any person, agency or organization that the team believes may have information relevant to the review conducted by the team, including, without limitation, a multidisciplinary team [to] :

     (a) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to section 1 of this act;

     (b) To review the death of a child organized pursuant to NRS 432B.405 [.] ; or

 


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ê2011 Statutes of Nevada, Page 737 (Chapter 161, SB 66)ê

 

     (c) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

     [8.  Each]

     9.  Except as otherwise provided in subsection 10, each member of a team organized or sponsored pursuant to this section is immune from civil or criminal liability for an activity related to the review of the death of a victim.

     [9.] 10.  Each member of a team organized or sponsored pursuant to this section who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

     11.  The Attorney General:

     (a) May bring an action to recover a civil penalty imposed pursuant to subsection 10 against a member of a team organized or sponsored pursuant to this section; and

     (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

     12.  The results of the review of the death of a victim pursuant to this section are not admissible in any civil action or proceeding.

     Sec. 3.  NRS 432B.290 is hereby amended to read as follows:

     432B.290  1.  Except as otherwise provided in subsections 2 and 3 and NRS 432B.165, 432B.175 and 432B.513, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

     (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

     (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

     (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

           (1) The child; or

           (2) The person responsible for the welfare of the child;

     (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

     (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

     (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

     (g) The attorney and the guardian ad litem of the child;

     (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

     (i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

     (j) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

 


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ê2011 Statutes of Nevada, Page 738 (Chapter 161, SB 66)ê

 

     (k) A team organized pursuant to NRS 432B.350 for the protection of a child;

     (l) A team organized pursuant to NRS 432B.405 to review the death of a child;

     (m) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;

     (n) The persons who are the subject of a report;

     (o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

     (p) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized, by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

           (1) The identity of the person making the report is kept confidential; and

           (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

     (q) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

     (r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

     (s) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

     (t) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services; [or]

     (u) An employer in accordance with subsection 3 of NRS 432.100 [.] ; or

     (v) A team organized or sponsored pursuant to NRS 217.475 or section 1 of this act to review the death of the victim of a crime that constitutes domestic violence.

     2.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

     (a) A copy of:

           (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

           (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

 


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ê2011 Statutes of Nevada, Page 739 (Chapter 161, SB 66)ê

 

     (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

     3.  An agency which provides child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

     4.  Any person, except for:

     (a) The subject of a report;

     (b) A district attorney or other law enforcement officer initiating legal proceedings; or

     (c) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

Ê who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

     5.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

     Sec. 3.5.  NRS 432B.407 is hereby amended to read as follows:

     432B.407  1.  A multidisciplinary team to review the death of a child is entitled to access to:

     (a) All investigative information of law enforcement agencies regarding the death;

     (b) Any autopsy and coroner’s investigative records relating to the death;

     (c) Any medical or mental health records of the child; and

     (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.

     2.  Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.

     3.  A multidisciplinary team to review the death of a child may, if appropriate, meet and share information with a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or section 1 of this act.

     4.  A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

 


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ê2011 Statutes of Nevada, Page 740 (Chapter 161, SB 66)ê

 

     [4.  Information]

     5.  Except as otherwise provided in this section, information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

     Sec. 4.  NRS 440.170 is hereby amended to read as follows:

     440.170  1.  All certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter. It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.

     2.  Information in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.

     3.  The Board:

     (a) Shall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive;

     (b) Shall allow the use of certificates of death by a multidisciplinary team [to] :

           (1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or section 1 of this act; and

           (2) To review the death of a child established pursuant to NRS 432B.405 and 432B.406; and

     (c) May allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.

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ê2011 Statutes of Nevada, Page 741ê

 

CHAPTER 162, SB 10

Senate Bill No. 10–Committee on Health and Human Services

 

CHAPTER 162

 

[Approved: May 30, 2011]

 

AN ACT relating to health care; requiring the Health Division of the Department of Health and Human Services to apply certain standards in determining whether to approve an amendment to a license to operate certain medical facilities to add certain services to the license; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the State Board of Health is required to adopt regulations for the licensing standards governing certain medical facilities and other related facilities. (NRS 449.037) Existing law further provides for the Health Division of the Department of Health and Human Services to issue a license to an applicant who meets the requirements set forth in statute and regulation. (NRS 449.080) Existing law requires a licensee who has a license to operate a facility to obtain the approval of the Health Division to amend his or her license to add certain services to the license. (NRS 449.087) Section 4.5 of this bill requires the State Board of Health to adopt standards for determining whether there are an adequate number of cases in the community to be served to support approving an amendment to a license and requires the Health Division to apply those standards in making a determination of whether to approve amending the license to add any such service.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-4.  (Deleted by amendment.)

     Sec. 4.5.  NRS 449.087 is hereby amended to read as follows:

     449.087  1.  A licensee must obtain the approval of the Health Division to amend his or her license to operate a facility before the addition of any of the following services:

     (a) The intensive care of newborn babies.

     (b) The treatment of burns.

     (c) The transplant of organs.

     (d) The performance of open-heart surgery.

     (e) A center for the treatment of trauma.

     2.  The Health Division shall approve an application to amend a license to allow a facility to provide any of the services described in subsection 1 if [the] :

     (a) The applicant satisfies the requirements contained in NRS 449.080 [.] ;

     (b) The Health Division determines on the basis of the standards adopted by the Board pursuant to subsection 4 that there are an adequate number of cases in the community to be served to support amending the license to add the service; and

     (c) The Health Division determines that the applicant satisfies any other standards adopted by the Board pursuant to subsection 4.

     3.  The Health Division may revoke its approval if the licensee fails to maintain substantial compliance with the standards [approved] adopted by the Board pursuant to subsection 4 for the provision of such services, or with any conditions included in the written approval of the Director issued pursuant to the provisions of NRS 439A.100.

 


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ê2011 Statutes of Nevada, Page 742 (Chapter 162, SB 10)ê

 

the Board pursuant to subsection 4 for the provision of such services, or with any conditions included in the written approval of the Director issued pursuant to the provisions of NRS 439A.100.

     [3.] 4.  The Board shall [consider] :

     (a) Adopt standards which have been adopted by appropriate national organizations [as a guide for adopting standards for the approval of] to be used by the Health Division in determining whether there are an adequate number of cases in the community to be served to support amending the license of a licensee to add a service pursuant to this section; and

     (b) Adopt such other standards as it deems necessary for determining whether to approve the provision of services pursuant to this section.

     Sec. 5.  This act becomes effective on July 1, 2011.

________

CHAPTER 163, AB 200

Assembly Bill No. 200–Assemblymen Smith, Bobzien, Horne, Conklin; Atkinson, Daly, Dondero Loop, Hickey, Kirkpatrick, Mastroluca and Oceguera

 

CHAPTER 163

 

[Approved: May 31, 2011]

 

AN ACT relating to intoxicating liquor; authorizing a brew pub to obtain a special permit for the transportation of certain malt beverages donated by the brew pub for charitable or nonprofit purposes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the regulation and taxation of intoxicating liquor in this State by the Department of Taxation. (Chapter 369 of NRS) Generally, the transportation of all liquor into or within Nevada must be performed by an authorized carrier. This includes a common carrier, a regularly operating contract carrier or a carrier having a special permit issued by the Department. A shipment of liquor that is transported into or within Nevada by an unauthorized carrier is subject to confiscation, sale at auction, destruction or disposal. (NRS 369.450, 369.460) The Department may issue a special permit authorizing the transportation of liquor within Nevada by means of a conveyance that is owned and operated by a licensed importer or another who is not a common carrier or a regularly operating contract carrier. (NRS 369.450) Existing law also provides for the licensing and operation of brew pubs in this State. (NRS 369.180, 597.230) Section 2 of this bill authorizes a brew pub to obtain a special permit for the transportation of malt beverages which are manufactured on the premises of the brew pub and which the brew pub is donating for charitable or nonprofit purposes, while section 1 of this bill specifies that a special permit may be issued for the transportation of liquor within Nevada by a conveyance which is owned and operated by the permittee.

 


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ê2011 Statutes of Nevada, Page 743 (Chapter 163, AB 200)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 369.450 is hereby amended to read as follows:

     369.450  1.  Every common carrier and every regularly operating contract carrier shall make available to the Department a statement or freight bill for every shipment of liquor into this State, showing:

     (a) The names of the consignor, consignee and carrier of the shipment;

     (b) The date when and place where the shipment was received; and

     (c) The destination of the shipment.

     2.  The Department may adopt regulations requiring:

     (a) The carrier to:

           (1) Cause a person who is at least 21 years of age to sign for the receipt of each such shipment by the consignee, and to sign a document confirming the delivery of the shipment to the consignee, before the carrier permits the consignee to remove the shipment from the point of destination or possession of the carrier; and

           (2) Forward to the consignor the signed document confirming the delivery of the shipment to the consignee; and

     (b) The consignor to forward to the Department the signed document confirming the delivery of the shipment to the consignee.

     3.  No liquor may be imported into this State except by a common carrier, a regularly operating contract carrier or a carrier having a special permit to do so.

     4.  By special permit, the Department may authorize the transportation of liquor within this State by means of a conveyance owned and operated by a licensed importer, or a conveyance owned and operated by the permittee or another, not being a common carrier or a regularly operating contract carrier. As a condition of [such] the permit, the Department may require that a sign be carried on [such] the conveyance, in letters at least 3 inches high, stating that the conveyance is carrying wholesale liquor by special permit. Such carriers by special permit are subject to the same rules respecting reports and deliveries of import liquors as are common carriers and regularly operating contract carriers.

     5.  As used in this section:

     (a) “Common carrier” means a person who undertakes for hire, as a regular business, the transportation of liquor from place to place, and who offers its services to all who choose to employ it and to pay its charges therefor.

     (b) “Regularly operating contract carrier” means a person who, as a regular business, transports liquor from place to place pursuant to continuing contractual obligations.

     Sec. 2.  NRS 597.230 is hereby amended to read as follows:

     597.230  1.  In a county whose population is 400,000 or more, a person may operate a brew pub:

     (a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;

     (b) In any historic district established in that county pursuant to NRS 384.005;

     (c) In any retail liquor store as that term is defined in NRS 369.090; or

 


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ê2011 Statutes of Nevada, Page 744 (Chapter 163, AB 200)ê

 

     (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê A person who operates one or more brew pubs may not manufacture more than 15,000 barrels of malt beverages for all the brew pubs he or she operates in that county in any calendar year.

     2.  In a county whose population is less than 400,000, a person may operate a brew pub:

     (a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;

     (b) In any historic district established in that county pursuant to NRS 384.005;

     (c) In any retail liquor store as that term is defined in NRS 369.090; or

     (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê A person who operates one or more brew pubs may not manufacture more than 5,000 barrels of malt beverages for all brew pubs he or she operates in that county in any calendar year.

     3.  The premises of any brew pub operated pursuant to this section must be conspicuously identified as a “brew pub.”

     4.  A person who operates a brew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:

     (a) Manufacture and store malt beverages on the premises of the brew pub and [sell] :

           (1) Sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

           (2) Donate for charitable or nonprofit purposes and transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

     (b) Sell at retail malt beverages manufactured on or off the premises of the brew pub for consumption on the premises.

     (c) Sell at retail in packages sealed on the premises of the brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 745ê

 

CHAPTER 164, AB 182

Assembly Bill No. 182–Committee on Commerce and Labor

 

CHAPTER 164

 

[Approved: May 31, 2011]

 

AN ACT relating to inland ports; authorizing the creation of inland ports and inland port authorities under certain circumstances; requiring the Commission on Economic Development to develop a State Plan for Inland Ports; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 10-13 of this bill authorize, upon approval by the Commission on Economic Development, the creation of an inland port and an inland port authority by one or more boards of county commissioners of counties or one or more governing bodies of incorporated cities, or both. Section 14 of this bill sets forth the membership of a board of directors of an inland port authority.

       Sections 19-27 of this bill set forth powers and duties of an inland port authority.

       Section 31 of this bill requires the Commission on Economic Development to: (1) develop a State Plan for Inland Ports; and (2) set forth the requirements for the creation of an inland port.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.

     Sec. 2.  This chapter may be known and cited as the Inland Port Authority Act.

     Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Authority” means an inland port authority created pursuant to this chapter.

     Sec. 5.  “Board” means the board of directors of an authority.

     Sec. 6.  “Commission” means the Commission on Economic Development created by NRS 231.030.

     Sec. 7.  “Inland port” means an area located away from traditional borders but having direct access to highway, railway and air transport facilities and, if applicable, intermodal facilities.

     Sec. 8.  “Participating entity” means the board of county commissioners of a county or the governing body of an incorporated city.

     Sec. 9.  The Legislature hereby finds and declares that the creation of an inland port:

     1.  Is essential to:

     (a) Develop and diversify the economy of the State;

     (b) Provide employment opportunities for Nevadans; and

     (c) Develop and expand transportation and commerce in this State.

     2.  Will facilitate commerce and economic development in this State through:

 


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ê2011 Statutes of Nevada, Page 746 (Chapter 164, AB 182)ê

 

     (a) Strategic investment in multimodal transportation assets; and

     (b) Comprehensive planning, development, management and operation of facilities and supporting infrastructure for transportation, commercial processing and domestic and international trade.

     Sec. 10.  1.  Subject to the requirements set forth in this section and sections 11, 12 and 13 of this act, an inland port may be created only in a contiguous area that:

     (a) Includes at least two of the following:

           (1) A municipally owned airport with a runway of at least 4,500 feet.

           (2) A portion of a highway that is part of the National Highway System.

           (3) Operating assets of at least one Class I railroad as classified by the Surface Transportation Board.

     (b) Does not include any residential property.

     2.  All areas within the boundaries of an inland port must be within the boundaries of the county or counties and incorporated city or cities, as applicable, of the one or more participating entities which apply to the Commission pursuant to section 11 of this act for the creation of the inland port.

     3.  If the boundaries of an inland port will include a municipally owned airport as described in subparagraph (1) of paragraph (a) of subsection 1:

     (a) The municipality that owns and operates the airport must be a participating entity; or

     (b) If the municipality that owns and operates the airport is not a participating entity, the municipality, by ordinance, must approve of the inclusion of the airport within the boundaries of the inland port.

     Sec. 11.  1.  One or more participating entities may apply to the Commission to create, operate and maintain an inland port and authority.

     2.  A participating entity is eligible to apply to the Commission pursuant to subsection 1 if the county or incorporated city, as applicable, of the participating entity is located in whole or in part within the proposed boundaries of the inland port.

     3.  The Commission may approve the creation of an inland port and authority if the proposed inland port and authority conform to the State Plan for Inland Ports developed by the Commission pursuant to section 31 of this act.

     Sec. 12.  1.  If the Commission approves the creation of an inland port and authority pursuant to section 11 of this act, each participating entity shall hold at least two public hearings to discuss the creation of the inland port and authority.

     2.  The participating entity shall give notice of the hearing by publication in a newspaper published in the county not later than 7 days before the hearing. The notice must include, without limitation:

     (a) The date, time and place for the hearing;

     (b) The boundaries of the proposed inland port, including, without limitation, a map of the proposed inland port; and

     (c) The powers of the proposed authority.

     Sec. 13.  If a participating entity obtains approval of the Commission for the creation of an inland port and authority pursuant to section 11 of this act, the participating entity shall create the inland port and authority by ordinance.

 


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this act, the participating entity shall create the inland port and authority by ordinance. The ordinance must include, without limitation:

     1.  A description of the boundaries of the inland port;

     2.  The location of the principal office of the authority;

     3.  The name of the inland port and authority; and

     4.  The number of directors who will compose the board of the authority pursuant to section 14 of this act.

     Sec. 14.  1.  An authority must be governed by a board of directors with an odd-numbered membership set by the participating entity or entities. If there is more than one participating entity, the membership of the board of directors must be agreed to by all of the participating entities. The board of directors must be composed of:

     (a) One director appointed by each county that is a participating entity, if any;

     (b) One director appointed by each city that is a participating entity, if any;

     (c) If the authority includes a municipally owned airport described in subparagraph (1) of paragraph (a) of subsection 1 of section 10 of this act, one director appointed by:

          (1) In a county whose population is 700,000 or more, the department of aviation of the county; or

           (2) In a county whose population is less than 700,000, the governing body of the airport authority, if any, and if there is not an airport authority, by the governing body of the municipality which owns the airport; and

     (d) Any other directors appointed in accordance with this section and as provided in an ordinance adopted by a participating entity pursuant to section 13 of this act.

     2.  Except as otherwise provided in this section, the directors described in subsection 1 must be appointed to terms of 4 years. The terms must be staggered in such a manner that, to the extent possible, the terms of one-half of the directors will expire every 2 years. The initial directors of the authority shall, at the first meeting of the board after their appointment, draw lots to determine which directors will initially serve terms of 2 years and which will serve terms of 4 years. A director may be reappointed.

     3.  A vacancy occurring during the term of a director must be filled by the appointing participating entity for the unexpired term as soon as is reasonably practicable.

     Sec. 15.  1.  A director of a board must reside within the boundaries of the participating entity that appoints him or her.

     2.  The following persons are not eligible to be appointed to a board:

     (a) An elected official of any governmental entity.

     (b) An employee of a participating entity.

     Sec. 16.  1.  A majority of the board constitutes a quorum for the transaction of business. If a vacancy exists on the board, a majority of directors serving on the board constitutes a quorum.

     2.  The board shall annually elect a chair and vice chair. The vice chair presides in the absence of the chair.

     3.  The board may elect any other officers that it considers appropriate.

 


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     4.  Each director serves without compensation and, while engaged in the business of the board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     Sec. 17.  All meetings of an authority must be conducted in accordance with the provisions of chapter 241 of NRS.

     Sec. 18.  1.  The governing body of a county, city or other governmental entity may convey title or rights and easements to any real property to an authority to effect any purpose of the authority.

     2.  An authority may not exercise the power of eminent domain.

     Sec. 19.  1.  An authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements or the issuance of franchises, concessions, licenses or permits.

     2.  Except as otherwise provided in subsections 3, 4 and 5, with the consent of any county, city or other governmental entity, an authority may:

     (a) Use streets, alleys, roads, highways and other public ways of the county, city or other governmental entity; and

     (b) Relocate, raise, reroute, change the grade of or alter, at the expense of the authority:

           (1) A street, alley, highway, road or railroad;

           (2) Electric lines and facilities;

           (3) Telegraph and telephone properties and facilities;

           (4) Pipelines and facilities;

           (5) Conduits and facilities; and

           (6) Other property,

Ê as necessary or useful in the construction, reconstruction, repair, maintenance and operation of the inland port.

     3.  An authority may not alter:

     (a) A highway that is part of the state highway system without the consent of the Department of Transportation.

     (b) A railroad without the consent of the railroad company.

     (c) A municipally owned airport.

     4.  If an inland port includes a municipally owned airport:

     (a) An authority may not interfere with or exercise any control over commercial air transportation operations or airlines that operate at the airport; and

     (b) The airport authority, department of aviation or other existing governing body that owns or manages the airport retains such ownership or management control.

     5.  Nothing in this section authorizes an authority to perform any action in violation of any requirement of federal law or condition to the receipt of federal money.

     Sec. 20.  An authority may not provide retail utility services or duplicate a service or facility of another governmental entity.

     Sec. 21.  An authority may enter into an agreement with any person, including, without limitation, the United States or any other governmental entity, for any purpose of the authority.

     Sec. 22.  An authority may act jointly with any other person, private or public, inside or outside this State or the United States, in the performance of any power or duty under this chapter.

 


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     Sec. 23.  An authority may purchase and pay premiums for insurance of any type in an amount considered necessary or advisable by the board.

     Sec. 24.  An authority may market, advertise and promote the use of the inland port that the authority constructs, owns, operates, regulates or maintains.

     Sec. 25.  An action against an authority must be brought in the county in which the principal office of the authority is located.

     Sec. 26.  1.  An authority shall establish and maintain rates, rentals, fees, charges or other compensation that is commercially reasonable and nondiscriminatory for the use of the facilities owned, constructed, operated, regulated or maintained by the authority.

     2.  An authority may accept any public or private funding, grant or donation.

     Sec. 27.  Notwithstanding any provision of this chapter to the contrary, an authority may not develop, operate or maintain a toll road.

     Sec. 28.  1.  If a participating entity wishes to withdraw from an authority with regard to which there is more than one participating entity, the participating entity shall:

     (a) Adopt an ordinance providing for the withdrawal;

     (b) Obtain approval from the board; and

     (c) Give notice to the other participating entity or entities of its intent to withdraw,

Ê at least 6 months before the date on which the withdrawal would be effective.

     2.  Upon the withdrawal of a participating entity from the authority pursuant to subsection 1:

     (a) The boundaries of the inland port must be adjusted by the other participating entity or entities to comply with the provisions of section 10 of this act; or

     (b) The authority must be dissolved pursuant to subsection 3 as soon as practicable.

     3.  An authority is dissolved if:

     (a) The dissolution is approved by the board;

     (b) The governing body of each participating entity agrees to the dissolution;

     (c) All debts and other liabilities of the authority have been paid or discharged, or adequate provision has been made for the payment of all debts and other liabilities;

     (d) There are no suits pending against the authority, or adequate provision has been made for the satisfaction of any judgment, order or decree that may be entered against the authority in any pending suit; and

     (e) The authority has a commitment from another governmental entity to assume jurisdiction of all property of the authority.

     Sec. 29.  At the request of the Commission, an authority shall report to the Commission on all issues and activities necessary for the administration of the authority as well as issues and activities pertaining to compliance with any rules or regulations set forth by the Commission for the creation, operation or maintenance of inland ports pursuant to section 31 of this act.

 


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ê2011 Statutes of Nevada, Page 750 (Chapter 164, AB 182)ê

 

     Sec. 30.  This chapter shall be liberally construed in order to facilitate economic development, trade and commerce in the State of Nevada.

     Sec. 31.  Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Commission on Economic Development shall:

     (a) Develop a State Plan for Inland Ports. The Plan must include, without limitation:

           (1) A comprehensive, long-term general plan for the physical development of inland ports which promotes, encourages and aids in the development of the economic interests of this State.

           (2) Requirements for the creation of inland ports for the purposes of the Inland Port Authority Act which affect economic and industrial development.

     (b) Promote, encourage and aid in the development of inland ports in this State.

     (c) Identify sources of financing to assist local governments in developing or expanding inland ports.

     (d) Encourage and assist local governments in planning and preparing projects for inland ports.

     (e) Promote close cooperation between local governments, other public agencies and private persons that have an interest in creating, operating or maintaining inland ports in the State.

     2.  As used in this section, “inland port” has the meaning ascribed to it in section 7 of this act.

     Sec. 32.  NRS 231.020 is hereby amended to read as follows:

     231.020  As used in NRS 231.020 to 231.139, inclusive, and section 31 of this act, unless the context otherwise requires, “motion pictures” includes feature films, movies made for broadcast on television and programs made for broadcast on television in episodes.

     Sec. 33.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 751ê

 

CHAPTER 165, AB 143

Assembly Bill No. 143–Assemblymen Bobzien, Smith, Goicoechea, Horne, Oceguera; Conklin, Daly, Ellison and Hardy

 

CHAPTER 165

 

[Approved: May 31, 2011]

 

AN ACT relating to concealed firearms; revising provisions concerning permits to carry concealed semiautomatic firearms; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that a qualified applicant for a permit to carry a concealed firearm may obtain a permit for revolvers, for one or more specific semiautomatic firearms, or for revolvers and one or more specific semiautomatic firearms. (NRS 202.3657) If the application for a permit involves semiautomatic firearms, the applicant must state the make, model and caliber of each semiautomatic firearm for which the applicant is seeking to obtain a permit. (NRS 202.366) Additionally, to receive and renew a permit involving semiautomatic firearms, an applicant or permittee must demonstrate competence with each semiautomatic firearm to which the application pertains. (NRS 202.3657, 202.3677)

       Existing law also provides that information in an application for a permit to carry a concealed firearm and all information relating to the investigation of an applicant for such a permit is confidential. (NRS 202.3662) However, the Nevada Supreme Court recently held in Reno Newspapers, Inc. v. Haley, 126 Nev. Adv. Op. 23, 234 P.3d 922 (2010), that the identity of a holder of a permit to carry a concealed firearm and any postpermit records of investigation, suspension or revocation are not confidential and are therefore public records.

       Section 1 of this bill allows a qualified applicant for a permit to carry a concealed firearm to obtain one permit for all semiautomatic firearms that the applicant seeks to carry instead of being required to obtain a permit for each specific semiautomatic firearm. Sections 1 and 4 of this bill provide that an applicant or permittee may demonstrate competence with semiautomatic firearms in general rather than competence with each specific semiautomatic firearm. Section 3 of this bill provides that the identity and any information acquired during the investigation of a holder of a permit to carry a concealed firearm are confidential, as are any records regarding the suspension, restoration or revocation of such a permit.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 202.3657 is hereby amended to read as follows:

     202.3657  1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

     2.  Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, [one or more specific] for semiautomatic firearms, or for revolvers and [one or more specific] semiautomatic firearms, as applicable, to any person who is qualified to possess the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

 


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ê2011 Statutes of Nevada, Page 752 (Chapter 165, AB 143)ê

 

applicable, to any person who is qualified to possess the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

     (a) Is 21 years of age or older;

     (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

     (c) Demonstrates competence with revolvers, [each specific] semiautomatic [firearm to which the application pertains,] firearms, or revolvers and [each such] semiautomatic [firearm,] firearms, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:

           (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

          (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of revolvers, [each] semiautomatic [firearm to which the application pertains,] firearms, or revolvers and [each such] semiautomatic [firearm] firearms and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

     3.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

     (a) Has an outstanding warrant for his or her arrest.

     (b) Has been judicially declared incompetent or insane.

     (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

     (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

           (1) Convicted of violating the provisions of NRS 484C.110; or

           (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

     (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

     (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

     (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

     (h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

 


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ê2011 Statutes of Nevada, Page 753 (Chapter 165, AB 143)ê

 

     (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

           (1) Withholding of the entry of judgment for a conviction of a felony; or

           (2) Suspension of sentence for the conviction of a felony.

     (j) Has made a false statement on any application for a permit or for the renewal of a permit.

     4.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

     5.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

     6.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

     (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

     (b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

     (c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

     (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

     (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

     (f) [The make, model and caliber of each semiautomatic firearm to which the application pertains, if any;] Whether the application pertains to semiautomatic firearms;

     (g) Whether the application pertains to revolvers;

     (h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

 


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     (i) A nonrefundable fee set by the sheriff not to exceed $60.

     Sec. 2.  NRS 202.366 is hereby amended to read as follows:

     202.366  1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

     2.  To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

     3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

 

NEVADA CONCEALED FIREARM PERMIT

 

County............................................        Permit Number..........................

Expires...........................................        Date of Birth.............................

Height.............................................        Weight.......................................

Name..............................................        Address.....................................

City.................................................        Zip.............................................

                                                                                  Photograph

Signature.........................................

Issued by........................................

Date of Issue..................................

[Make, model and caliber of each authorized semiautomatic firearm, if any   ]

Semiautomatic firearms authorized........................... Yes................... No

Revolvers authorized................................................. Yes................... No

 

     4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.

     Sec. 3.  NRS 202.3662 is hereby amended to read as follows:

     202.3662  1.  Except as otherwise provided in this section and NRS 202.3665 and 239.0115:

     (a) An application for a permit, and all information contained within that application; [and]

     (b) All information provided to a sheriff or obtained by a sheriff in the course of the investigation of an applicant [,] or permittee;

 


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ê2011 Statutes of Nevada, Page 755 (Chapter 165, AB 143)ê

 

     (c) The identity of the permittee; and

     (d) Any records regarding the suspension, restoration or revocation of a permit,

Ê are confidential.

     2.  Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.

     3.  Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.

     Sec. 4.  NRS 202.3677 is hereby amended to read as follows:

     202.3677  1.  If a permittee wishes to renew his or her permit, the permittee must complete and submit to the sheriff who issued the permit an application for renewal of the permit.

     2.  An application for the renewal of a permit must:

     (a) Be completed and signed under oath by the applicant;

     (b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657; and

     (c) Be accompanied by a nonrefundable fee of $25.

Ê If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.

     3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with revolvers, with [each] semiautomatic [firearm to which the application pertains,] firearms, or with revolvers and [each such] semiautomatic [firearm,] firearms, as applicable, by successfully completing a course prescribed by the sheriff renewing the permit.

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ê2011 Statutes of Nevada, Page 756ê

 

CHAPTER 166, AB 115

Assembly Bill No. 115–Committee on Government Affairs

 

CHAPTER 166

 

[Approved: May 31, 2011]

 

AN ACT relating to water; revising provisions governing the approval or rejection by the State Engineer of an application to appropriate water for beneficial use; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, any person who wishes to appropriate water for beneficial use in Nevada, or change the place of diversion, manner of use or place of use of water already appropriated, is required to first apply to the State Engineer for a permit to do so. (NRS 533.325) Any interested person may file a written protest against the granting of such a permit with the State Engineer. (NRS 533.365) For most applications, the State Engineer is required to approve or reject the application within 1 year after the final date for filing a protest. However, the State Engineer is authorized to postpone taking action on applications for certain specified reasons. (NRS 533.370)

       This bill increases the period in which the State Engineer is required to approve or reject an application to 2 years, unless action is postponed on the application. If the State Engineer has not approved or rejected the application within the 2-year period, the application remains active. If the State Engineer has not approved or rejected or held a hearing on the application within 7 years after the final day for filing a protest, the State Engineer is required to cause notice of the action to be republished in a newspaper and protests are authorized to be filed in the typical manner. This bill makes other conforming changes to carry out the revisions to the process for approving or rejecting applications.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 533.360 is hereby amended to read as follows:

     533.360  1.  Except as otherwise provided in subsection 4, NRS 533.345 and subsection [5] 2 of NRS 533.370, when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 consecutive weeks in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application which sets forth:

     (a) That the application has been filed.

     (b) The date of the filing.

     (c) The name and address of the applicant.

     (d) The name of the source from which the appropriation is to be made.

     (e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.

     (f) The purpose for which the water is to be appropriated.

Ê The publisher shall add thereto the date of the first publication and the date of the last publication.

 


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ê2011 Statutes of Nevada, Page 757 (Chapter 166, AB 115)ê

 

     2.  Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.

     3.  If the application is for a proposed well:

     (a) For municipal, quasi-municipal or industrial use; and

     (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owner’s address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.

     4.  The provisions of this section do not apply to an environmental permit.

     Sec. 2.  NRS 533.365 is hereby amended to read as follows:

     533.365  1.  Any person interested may, within 30 days after the date of last publication of the notice of application, file with the State Engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which must be verified by the affidavit of the protestant, or an agent or attorney thereof.

     2.  On receipt of a protest, the State Engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with the State Engineer, which advice must be sent by certified mail.

     3.  The State Engineer shall consider the protest, and may, in his or her discretion, hold hearings and require the filing of such evidence as the State Engineer may deem necessary to a full understanding of the rights involved. The State Engineer shall give notice of the hearing by certified mail to both the applicant and the protestant. The notice must state the time and place at which the hearing is to be held and must be mailed at least 15 days before the date set for the hearing.

     4.  Each applicant and each protestant shall, in accordance with a schedule established by the State Engineer, provide to the State Engineer and to each protestant and each applicant information required by the State Engineer relating to the application or protest.

     5.  If the State Engineer holds a hearing pursuant to subsection 3, the State Engineer shall render a decision on each application not later than 240 days after the later of:

     (a) The date all transcripts of the hearing become available to the State Engineer; or

     (b) The date specified by the State Engineer for the filing of any additional information, evidence, studies or compilations requested by the State Engineer. The State Engineer may, for good cause shown, extend any applicable period.

 


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ê2011 Statutes of Nevada, Page 758 (Chapter 166, AB 115)ê

 

     6.  The State Engineer shall adopt rules of practice regarding the conduct of a hearing held pursuant to subsection 3. The rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120, inclusive, and codified in the Nevada Administrative Code. The technical rules of evidence do not apply at such a hearing.

     [7.  The provisions of this section do not prohibit the noticing of a new period of 45 days in which a person may file with the State Engineer a written protest against the granting of the application, if such notification is required to be given pursuant to subsection 8 of NRS 533.370.]

     Sec. 3.  NRS 533.370 is hereby amended to read as follows:

     533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

     (a) The application is accompanied by the prescribed fees;

     (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

     (c) The applicant provides proof satisfactory to the State Engineer of the applicant’s:

           (1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

           (2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

     2.  Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

     3.  In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

     (a) Whether the applicant has justified the need to import the water from another basin;

     (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

     (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

     (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

     (e) Any other factor the State Engineer determines to be relevant.

 


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ê2011 Statutes of Nevada, Page 759 (Chapter 166, AB 115)ê

 

     4.  Except as otherwise provided in this subsection and subsections [3] 6 and [11] 10 and NRS 533.365, the State Engineer shall approve or reject each application within [1 year] 2 years after the final date for filing a protest. The State Engineer may [:

     (a) Postpone] postpone action [upon] :

     (a) Upon written authorization to do so by the applicant . [or, if]

     (b) If an application is protested . [, by the protestant and the applicant.

     (b) Postpone action if]

     (c) If the purpose for which the application was made is municipal use.

     [(c)] (d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 . [or where]

     (e) Where court actions or adjudications are pending, [withhold action until it is determined there is unappropriated water or the court action becomes final.

     3.]  which may affect the outcome of the application.

     (f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

     (g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.

     (h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.

     (i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375.

     5.  If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.

     6.  Except as otherwise provided in this subsection and subsection [11,] 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may [:

     (a) Postpone action upon written authorization to do so by the applicant or, if the application is protested, by the protestant and the applicant.

     (b) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.

     4.] postpone action on the application pursuant to subsection 4.

     7.  If the State Engineer has not approved, rejected or held a hearing on [does not act upon] an application within [1 year] 7 years after the final date for filing a protest, the [application remains active until acted upon by the] State Engineer [.] shall cause notice of the application to be republished pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication, a protest may be filed in accordance with NRS 533.365.

     [5.  Except as otherwise provided in subsection 11, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit.

 


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ê2011 Statutes of Nevada, Page 760 (Chapter 166, AB 115)ê

 

use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

     6.  In determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

     (a) Whether the applicant has justified the need to import the water from another basin;

     (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

     (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

     (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

     (e) Any other factor the State Engineer determines to be relevant.

     7.] 8.  If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection [12,] 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

     [8.  If:

     (a) The State Engineer receives an application to appropriate any of the public waters, or to change the point of diversion, manner of use or place of use of water already appropriated;

     (b) The application involves an amount of water exceeding 250 acre-feet per annum;

     (c) The application involves an interbasin transfer of groundwater; and

     (d) Within 7 years after the date of last publication of the notice of application, the State Engineer has not granted the application, denied the application, held an administrative hearing on the application or issued a permit in response to the application,

Ê the State Engineer shall notice a new period of 45 days in which a person who is a successor in interest to a protestant or an affected water right owner may file with the State Engineer a written protest against the granting of the application. Such notification must be entered on the Internet website of the State Engineer and must, concurrently with that notification, be mailed to the board of county commissioners of the county of origin.

 


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ê2011 Statutes of Nevada, Page 761 (Chapter 166, AB 115)ê

 

     9.  Except as otherwise provided in subsection 10, a person who is a successor in interest to a protestant or an affected water right owner who wishes to protest an application in accordance with a new period of protest noticed pursuant to subsection 8 shall, within 45 days after the date on which the notification was entered and mailed, file with the State Engineer a written protest that complies with the provisions of this chapter and with the regulations adopted by the State Engineer, including, without limitation, any regulations prescribing the use of particular forms or requiring the payment of certain fees.

     10.] 9.  If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.

     [11.] 10.  The provisions of subsections 1 to [6,] 9, inclusive, do not apply to an application for an environmental permit.

     [12.] 11.  The provisions of subsection [7] 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

     [13.] 12.  As used in this section [:

     (a) “County of origin” means the county from which groundwater is transferred or proposed to be transferred.

     (b) “Domestic] , “domestic well” has the meaning ascribed to it in NRS 534.350.

     Sec. 4.  NRS 533.3703 is hereby amended to read as follows:

     533.3703  1.  The State Engineer may consider the consumptive use of a water right and the consumptive use of a proposed beneficial use of water in determining whether a proposed change in the place of diversion, manner of use or place of use complies with the provisions of subsection [5] 2 of NRS 533.370.

     2.  The provisions of this section:

     (a) Must not be applied by the State Engineer in a manner that is inconsistent with any applicable federal or state decree concerning consumptive use.

     (b) Do not apply to any decreed, certified or permitted right to appropriate water which originates in the Virgin River or the Muddy River.

     Sec. 5.  NRS 534.270 is hereby amended to read as follows:

     534.270  1.  Upon receipt of an application for a permit to operate a project, the State Engineer shall endorse on the application the date it was received and keep a record of the application. The State Engineer shall conduct an initial review of the application within 45 days after receipt of the application. If the State Engineer determines in the initial review that the application is incomplete, the State Engineer shall notify the applicant. The application is incomplete until the applicant files all the information requested in the application. The State Engineer shall determine whether the application is correct within 180 days after receipt of a complete application.

 


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ê2011 Statutes of Nevada, Page 762 (Chapter 166, AB 115)ê

 

The State Engineer may request additional information from the applicant. The State Engineer may conduct such independent investigations as are necessary to determine whether the application should be approved or rejected.

     2.  If the application is determined to be complete and correct, the State Engineer, within 30 days after such a determination or a longer period if requested by the applicant, shall cause notice of the application to be given once each week for 2 consecutive weeks in a newspaper of general circulation in the county or counties in which persons reside who could reasonably be expected to be affected by the project. The notice must state:

     (a) The legal description of the location of the proposed project;

     (b) A brief description of the proposed project including its capacity;

     (c) That any person who may be adversely affected by the project may file a written protest with the State Engineer within 30 days after the last publication of the notice;

     (d) The date of the last publication;

     (e) That the grounds for protesting the project are limited to whether the project would be in compliance with subsection 2 of NRS 534.250;

     (f) The name of the applicant; and

     (g) That a protest must:

           (1) State the name and mailing address of the protester;

           (2) Clearly set forth the reason why the permit should not be issued; and

           (3) Be signed by the protester or the protester’s agent or attorney.

     3.  A protest to a proposed project:

     (a) May be made by any person who may be adversely affected by the project;

     (b) Must be in writing;

     (c) Must be filed with the State Engineer within 30 days after the last publication of the notice;

     (d) Must be upon a ground listed in subsection 2 of NRS 534.250;

     (e) Must state the name and mailing address of the protester;

     (f) Must clearly set forth the reason why the permit should not be issued; and

     (g) Must be signed by the protester or the protester’s agent or attorney.

     4.  Upon receipt of a protest, the State Engineer shall advise the applicant by certified mail that a protest has been filed.

     5.  Upon receipt of a protest, or upon the motion of the State Engineer, the State Engineer may hold a hearing. Not less than 30 days before the hearing, the State Engineer shall send by certified mail notice of the hearing to the applicant and any person who filed a protest.

     6.  The State Engineer shall either approve or deny each application within 1 year after the final date for filing a protest, unless the State Engineer has received a written request from the applicant to postpone making a decision or, in the case of a protested application, from both the protester and the applicant. The State Engineer may delay action on the application pursuant to paragraph [(c)] (d) of subsection [2] 4 of NRS 533.370.

     7.  Any person aggrieved by any decision of the State Engineer made pursuant to subsection 6 may appeal that decision to the district court pursuant to NRS 533.450.

 


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ê2011 Statutes of Nevada, Page 763 (Chapter 166, AB 115)ê

 

     Sec. 6.  NRS 538.171 is hereby amended to read as follows:

     538.171  1.  The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.

     2.  Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission. In considering such an application, the Commission shall use the criteria set forth in subsection [6] 3 of NRS 533.370. The Commission’s action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law. The provisions of this subsection do not apply to supplemental water.

     3.  The Commission shall furnish to the State Engineer a copy of all agreements entered into by the Commission concerning the original appropriation and use of such waters. It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow the State Engineer to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineer’s jurisdiction.

     4.  Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.

     5.  Any use of water from the Muddy River or the Virgin River for the creation of any developed shortage supply or intentionally created surplus does not require the submission of an application to the State Engineer to change the place of diversion, manner of use or place of use. As used in this subsection:

     (a) “Developed shortage supply” has the meaning ascribed to it in NRS 533.030.

     (b) “Intentionally created surplus” has the meaning ascribed to it in NRS 533.030.

     Sec. 7.  The provisions of NRS 533.370, as amended by section 3 of this act, do not apply to:

     1.  An application to appropriate water filed before July 1, 2011; or

     2.  An application to change the place of diversion, manner of use or place of use of appropriated water filed before July 1, 2011.

     Sec. 8.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 764ê

 

CHAPTER 167, SB 38

Senate Bill No. 38–Committee on Education

 

CHAPTER 167

 

[Approved: May 31, 2011]

 

AN ACT relating to education; authorizing the Superintendent of Public Instruction to deduct from, withhold from or otherwise make adjustments to the quarterly apportionments paid to a school district, charter school or university school for profoundly gifted pupils under certain circumstances; revising provisions governing the calculation of apportionments which take into account the effect of the declining enrollment of pupils in a school district or charter school; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Superintendent of Public Instruction apportions, on a quarterly basis, the State Distributive School Account in the State General Fund among the school districts, charter schools and university schools for profoundly gifted pupils. (NRS 387.124) Section 2 of this bill authorizes the Superintendent to deduct from a quarterly apportionment if a school district, charter school or university school for profoundly gifted pupils fails to repay certain amounts due the Department of Education or pays a claim determined to be unearned, illegal or unreasonably excessive. The amount deducted must correspond to the amount due or the amount of the claim. Section 2 also authorizes the Superintendent to withhold the full amount of a quarterly apportionment or a portion thereof if a school district, charter school or university school for profoundly gifted pupils fails to submit a report or other information that is required to be submitted to the Superintendent, State Board of Education or Department pursuant to a statute. If the required report or information is subsequently provided, the amount withheld must be immediately paid.

       Under existing law, the sponsor of a charter school may submit a request to the charter school for reimbursement of the administrative costs associated with the sponsorship for each school quarter. (NRS 386.570) If the charter school does not pay the reimbursement, section 2 of this bill authorizes the Superintendent to withhold the amount due from the quarterly apportionment of the charter school and transfer that amount to the sponsor as payment on the claim. Finally, section 2 authorizes an appeal to the State Board of a decision of the Superintendent to deduct or withhold from a quarterly apportionment.

       Under existing law, the amount of the quarterly apportionments paid to a school district or charter school is based upon the enrollment of pupils. If a school district or charter school experiences declining enrollment in the current school year, the higher enrollment number from a preceding school year is used to calculate the quarterly apportionment, which is commonly referred to as the “hold harmless” provision. (NRS 387.1233) Section 3 of this bill provides that the enrollment number from the current school year must be used if the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils to receive the higher apportionment.

       Section 5 of this bill allows for adjustments to the quarterly apportionments if the Department determines as a result of an audit that a pupil is not properly enrolled in or attending a public school.

 


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ê2011 Statutes of Nevada, Page 765 (Chapter 167, SB 38)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 386.570 is hereby amended to read as follows:

     386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this State for that purpose.

     2.  All money received by the charter school from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

     3.  Upon completion of each school quarter, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school quarter if the sponsor provided administrative services during that school quarter. The request must include an itemized list of those costs. Unless a delay is granted pursuant to subsection [9,] 10, upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district if the board of trustees sponsors the charter school, to the Department if the State Board sponsors the charter school or to the college or university within the Nevada System of Higher Education if that institution sponsors the charter school. If a governing body fails to pay the reimbursement pursuant to this subsection or pursuant to a plan approved by the Superintendent of Public Instruction in accordance with subsection [9, the] 10:

     (a) The charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary [.] ; and

     (b) The Superintendent of Public Instruction may, pursuant to section 2 of this act, deduct the amount due the sponsor from the quarterly apportionment otherwise payable to the charter school pursuant to NRS 387.124 and transfer that amount to the sponsor.

     4.  If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to [this] subsection 3 for administrative expenses in 1 school year must not exceed:

 


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ê2011 Statutes of Nevada, Page 766 (Chapter 167, SB 38)ê

 

     (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     [4.] 5.  If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the amount of money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

     (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     (b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     [5.] 6.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 5 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

     [6.] 7.  If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

     [7.] 8.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

 


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ê2011 Statutes of Nevada, Page 767 (Chapter 167, SB 38)ê

 

     [8.] 9.  If a charter school uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

     [9.] 10.  The governing body of a charter school may submit to the Superintendent of Public Instruction a written request to delay a quarterly payment of a reimbursement for the administrative costs that a charter school owes pursuant to this section. The written request must be in the form prescribed by the Superintendent and must include, without limitation, documentation that a financial hardship exists for the charter school and a plan for the payment of the reimbursement. The Superintendent may approve or deny the request and shall notify the governing body and the sponsor of the charter school of the approval or denial of the request.

     Sec. 2.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Superintendent of Public Instruction may deduct from an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.124 if the school district, charter school or university school:

     (a) Fails to repay an amount due pursuant to subsection 5 of NRS 387.1243. The amount of the deduction from the quarterly apportionment must correspond to the amount due.

     (b) Fails to repay an amount due the Department as a result of a determination that an expenditure was made which violates the terms of a grant administered by the Department. The amount of the deduction from the quarterly apportionment must correspond to the amount due.

     (c) Pays a claim determined to be unearned, illegal or unreasonably excessive as a result of an investigation conducted pursuant to NRS 385.315. The amount of the deduction from the quarterly apportionment must correspond to the amount of the claim which is determined to be unearned, illegal or unreasonably excessive.

Ê More than one deduction from a quarterly apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils may be made pursuant to this subsection if grounds exist for each such deduction.

     2.  In addition to a deduction from an apportionment to a charter school authorized by subsection 1, the Superintendent of Public Instruction may deduct from an apportionment otherwise payable to the charter school pursuant to NRS 387.124 if the charter school fails to pay an amount due the sponsor of the charter school for the administrative costs associated with sponsorship, as required by NRS 386.570, including, without limitation, failure to make delayed payments approved by the Superintendent pursuant to subsection 10 of NRS 386.570. The amount of the deduction from the quarterly apportionment must correspond to the amount of the administrative costs which have not been paid. The Department shall transfer the amount deducted to the sponsor of the charter school as payment on the claim.

     3.  The Superintendent of Public Instruction may authorize the withholding of the entire amount of an apportionment otherwise payable to a school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.124, or a portion thereof, if the school district, charter school or university school for profoundly gifted pupils fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department pursuant to a statute.

 


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ê2011 Statutes of Nevada, Page 768 (Chapter 167, SB 38)ê

 

pupils pursuant to NRS 387.124, or a portion thereof, if the school district, charter school or university school for profoundly gifted pupils fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department pursuant to a statute. If a charter school fails to submit a report or other information that is required to be submitted to the Superintendent, State Board or Department through the sponsor of the charter school pursuant to a statute, the Superintendent may only authorize the withholding of the apportionment otherwise payable to the charter school and may not authorize the withholding of the apportionment otherwise payable to the sponsor of the charter school. Before authorizing a withholding pursuant to this subsection, the Superintendent of Public Instruction shall provide notice to the school district, charter school or university school for profoundly gifted pupils of the report or other information that is due and provide the school district, charter school or university school with an opportunity to comply with the statute. Any amount withheld pursuant to this subsection must be accounted for separately in the State Distributive School Account, does not revert to the State General Fund at the end of a fiscal year and must be carried forward to the next fiscal year.

     4.  If, after an amount is withheld pursuant to subsection 3, the school district, charter school or university school for profoundly gifted pupils subsequently submits the report or other information required by a statute for which the withholding was made, the Superintendent of Public Instruction shall immediately authorize the payment of the amount withheld to the school district, charter school or university school for profoundly gifted pupils.

     5.  A school district, charter school or university school for profoundly gifted pupils may appeal to the State Board a decision of the Superintendent of Public Instruction to deduct or withhold from a quarterly apportionment pursuant to this section. The Secretary of the State Board shall place the subject of the appeal on the agenda of the next meeting for consideration by the State Board.

     Sec. 3.  NRS 387.1233 is hereby amended to read as follows:

     387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

     (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

           (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

           (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

 


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ê2011 Statutes of Nevada, Page 769 (Chapter 167, SB 38)ê

 

           (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full-time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

           (4) The count of pupils who reside in the county and are enrolled:

                (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

                (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

           (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

           (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school district for the school year.

           (7) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

           (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 4 of NRS 386.560, subsection 5 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

     (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

     (c) Adding the amounts computed in paragraphs (a) and (b).

     2.  [If] Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the largest number from among the immediately preceding 2 school years must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

 


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pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the largest number from among the immediately preceding 2 school years must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

     3.  [If] Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is more than 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger enrollment number from the current year or the immediately preceding school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

     4.  If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 2 or 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

     5.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

     [5.] 6.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

     [6.] 7.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

     Sec. 4.  NRS 387.124 is hereby amended to read as follows:

     387.124  Except as otherwise provided in this section and NRS 387.528:

     1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. [The] Except as otherwise provided in section 2 of this act, the apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school, all the funds attributable to pupils who reside in the county and are enrolled full-time or part-time in a program of distance education provided by another school district or a charter school and all the funds attributable to pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

 


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located in the county. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support.

     2.  Except as otherwise provided in subsection 3 [,] and section 2 of this act, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

     3.  [The] Except as otherwise provided in section 2 of this act, the apportionment to a charter school that is sponsored by the State Board or by a college or university within the Nevada System of Higher Education, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides, minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.

     4.  [In] Except as otherwise provided in section 2 of this act, in addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part-time in the program. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

     5.  The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

     6.  [The] Except as otherwise provided in section 2 of this act, the apportionment to a university school for profoundly gifted pupils, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the university school is located plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the university school is located. If the apportionment per pupil to a university school for profoundly gifted pupils is more than the amount to be apportioned to the school district in which the university school is located, the school district shall pay the difference directly to the university school. The governing body of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1.

 


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ê2011 Statutes of Nevada, Page 772 (Chapter 167, SB 38)ê

 

university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A university school for profoundly gifted pupils may receive all four apportionments in advance in its first year of operation.

     7.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

     8.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, the State Controller may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

     Sec. 5.  NRS 387.1243 is hereby amended to read as follows:

     387.1243  1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear [.] , including, without limitation, an adjustment made for a pupil who is not properly enrolled in or attending a public school, as determined through an independent audit or other examination conducted pursuant to NRS 387.126 or through an annual audit of the count of pupils conducted pursuant to subsection 1 of NRS 387.304.

     2.  The apportionments to a school district may be adjusted during a fiscal year by the Department of Education, upon approval by the State Board of Examiners and the Interim Finance Committee, if the Department of Taxation and the county assessor in the county in which the school district is located certify to the Department of Education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:

     (a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and

     (b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.

Ê If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the State Distributive School Account in the State General Fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

 


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equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.

     3.  On or before August 1 of each year, the board of trustees of a school district shall provide to the Department, in a format prescribed by the Department, the count of pupils calculated pursuant to subparagraph (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the Department must be included in the final adjustment computed pursuant to subsection 4.

     4.  A final adjustment for each school district, charter school and university school for profoundly gifted pupils must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children in a school district, a charter school located within the school district or a university school for profoundly gifted pupils located within the school district described in paragraphs (a), (b), (c) and (e) of subsection 1 of NRS 387.123 is greater on the last day of any school month of the school district after the second school month of the school district and the increase in enrollment shows at least:

     (a) A 3-percent gain, basic support as computed from first-month enrollment for the school district, charter school or university school for profoundly gifted pupils must be increased by 2 percent.

     (b) A 6-percent gain, basic support as computed from first-month enrollment for the school district, charter school or university school for profoundly gifted pupils must be increased by an additional 2 percent.

     5.  If the final computation of apportionment for any school district, charter school or university school for profoundly gifted pupils exceeds the actual amount paid to the school district, charter school or university school for profoundly gifted pupils during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district, charter school or university school for profoundly gifted pupils is less than the actual amount paid to the school district, charter school or university school for profoundly gifted pupils during the school year, the difference must be repaid to the State Distributive School Account in the State General Fund by the school district, charter school or university school for profoundly gifted pupils before September 25.

     Sec. 6.  NRS 387.185 is hereby amended to read as follows:

     387.185  1.  Except as otherwise provided in subsection 2 and NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to section 2 of this act, all school money due each county school district must be paid over by the State Treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.

     2.  Except as otherwise provided in NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to section 2 of this act, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the State Treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.

 


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ê2011 Statutes of Nevada, Page 774 (Chapter 167, SB 38)ê

 

and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the State Treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.

     3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this title and regulations adopted pursuant thereto.

     4.  Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to section 2 of this act, all school money due each charter school must be paid over by the State Treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection 5 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the State Treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.

     5.  Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to section 2 of this act, all school money due each university school for profoundly gifted pupils must be paid over by the State Treasurer to the governing body of the university school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection 6 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the university school must be paid by the State Treasurer to the governing body of the university school on July 1, October 1, January 1 or April 1, as applicable.

     Sec. 7.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 775ê

 

CHAPTER 168, AB 564

Assembly Bill No. 564–Committee on Ways and Means

 

CHAPTER 168

 

[Approved: May 31, 2011]

 

AN ACT relating to business associations; authorizing the Secretary of State to adopt regulations to define certain terms to allow certain corporations, associations, organizations, partnerships and other entities to carry out their powers and duties using the most recent technology available; providing that certain meetings of corporations may be conducted through the use of available technology; authorizing the Secretary of State to develop and make available a model operating agreement for use by limited-liability companies; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the formation of various business entities and establishes certain powers and duties of such entities. (Chapters 78-89 of NRS) Sections 1, 4-7, 10, 11 and 14-18 of this bill authorize the Secretary of State to adopt regulations interpreting the terms “meeting,” “writing,” “written” and other terms to allow such business entities to carry out those powers and duties through the use of the most recent technology available, including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

       Sections 8 and 9 of this bill revise provisions relating to certain meetings held by members of a board of directors and others within a nonprofit corporation to provide that members may participate in meetings through electronic communications, videoconferencing, teleconferencing or other available technology which allows for simultaneous or sequential communication and that such participation constitutes meeting in person.

       Sections 12 and 13 of this bill provide that the operating agreement of a limited-liability company is not required to be in writing. In addition, section 13 provides that the written consent of the members needed to adopt such an agreement may be in a tangible or electronic format. Section 13 further authorizes the Secretary of State to develop and make available a model operating agreement which a limited-liability company is authorized to use under the terms and limitations established by the Secretary of State.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

 


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     Sec. 2.  NRS 78.315 is hereby amended to read as follows:

     78.315  1.  Unless the articles of incorporation or the bylaws provide for a greater or lesser proportion, a majority of the board of directors of the corporation then in office, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the voting power of the directors, present at a meeting at which a quorum is present, is the act of the board of directors.

     2.  Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee, except that such written consent is not required to be signed by:

     (a) A common or interested director who abstains in writing from providing consent to the action. If a common or interested director abstains in writing from providing consent:

           (1) The fact of the common directorship, office or financial interest must be known to the board of directors or committee before a written consent is signed by all the members of the board of the committee.

           (2) Such fact must be described in the written consent.

           (3) The board of directors or committee must approve, authorize or ratify the action in good faith by unanimous consent without counting the abstention of the common or interested director.

     (b) A director who is a party to an action, suit or proceeding who abstains in writing from providing consent to the action of the board of directors or committee. If a director who is a party to an action, suit or proceeding abstains in writing from providing consent on the basis that he or she is a party to an action, suit or proceeding, the board of directors or committee must:

           (1) Make a determination pursuant to NRS 78.751 that indemnification of the director is proper under the circumstances.

           (2) Approve, authorize or ratify the action of the board of directors or committee in good faith by unanimous consent without counting the abstention of the director who is a party to an action, suit or proceeding.

     3.  Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee [by means of a telephone conference or similar methods of communication by which all persons participating in the meeting can hear each other.] through electronic communications, videoconferencing, teleconferencing or other available technology which allows the members to communicate simultaneously or sequentially. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

     Sec. 3.  NRS 78.320 is hereby amended to read as follows:

     78.320  1.  Unless this chapter, the articles of incorporation or the bylaws provide for different proportions:

     (a) A majority of the voting power, which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and

 


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ê2011 Statutes of Nevada, Page 777 (Chapter 168, AB 564)ê

 

     (b) Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.

     2.  Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if, before or after the action, a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.

     3.  In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given.

     4.  Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders [by means of a telephone conference or similar methods of communication by which all persons participating in the meeting can hear each other.] through electronic communications, videoconferencing, teleconferencing or other available technology which allows the members to communicate simultaneously or sequentially. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

     5.  Unless this chapter, the articles of incorporation or the bylaws provide for different proportions, if voting by a class or series of stockholders is permitted or required:

     (a) A majority of the voting power of the class or series that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and

     (b) An act by the stockholders of each class or series is approved if a majority of the voting power of a quorum of the class or series votes for the action.

     Sec. 4.  Chapter 78A of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a close corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 5.  Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a foreign corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 6.  Chapter 81 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation, association, organization or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

 


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or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 7.  Chapter 82 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 8.  NRS 82.271 is hereby amended to read as follows:

     82.271  1.  Unless the articles or the bylaws provide for a different proportion, a majority of the board of directors or delegates of the corporation, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business at their respective meetings, and the act of a majority of the directors or delegates present at a meeting at which a quorum is present is the act of the board of directors or delegates.

     2.  Unless otherwise restricted by the articles or bylaws, any action required or permitted to be taken at any meeting of the board of directors or the delegates or of any committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by a majority of the board of directors or the delegates or of such committee. If the vote of a different proportion of the directors or delegates is required for an action, then the different proportion of written consents is required.

     3.  Unless otherwise restricted by the articles or bylaws, members of the board of directors, the delegates or any committee designated by the board or the delegates may participate in a meeting [by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other.] through electronic communications, videoconferencing, teleconferencing or other available technology which allows the members to communicate simultaneously or sequentially. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.

     Sec. 9.  NRS 82.276 is hereby amended to read as follows:

     82.276  1.  Unless otherwise provided in the articles or bylaws, any action which may be taken by the vote of members at a meeting may be taken without a meeting if authorized by the written consent of members holding at least a majority of the voting power, except that:

     (a) If any greater proportion of voting power is required for such an action at a meeting, then the greater proportion of written consents is required; and

     (b) This general provision for action by written consent does not supersede any specific provision for action by written consent contained in this chapter.

     2.  In no instance where action is authorized by written consent need a meeting of members be called or notice given.

     3.  Unless otherwise restricted by the articles or bylaws, members may participate in a meeting [by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other.]

 


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ê2011 Statutes of Nevada, Page 779 (Chapter 168, AB 564)ê

 

meeting can hear each other.] through electronic communications, videoconferencing, teleconferencing or other available technology which allows the members to communicate simultaneously or sequentially. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.

     Sec. 10.  Chapter 84 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation sole or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 11.  Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a limited-liability company or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 12.  NRS 86.101 is hereby amended to read as follows:

     86.101  “Operating agreement” means any valid [written] agreement of the members as to the affairs of a limited-liability company and the conduct of its business [.] , whether in any tangible or electronic format.

     Sec. 13.  NRS 86.286 is hereby amended to read as follows:

     86.286  1.  A limited-liability company may, but is not required to, adopt an operating agreement. An operating agreement may be adopted only by the unanimous vote or unanimous written consent of the members, which may be in any tangible or electronic format, or by the sole member . [, and the operating agreement must be in writing.] If any operating agreement provides for the manner in which it may be amended, including by requiring the approval of a person who is not a party to the operating agreement or the satisfaction of conditions, it may be amended only in that manner or as otherwise permitted by law and any attempt to otherwise amend the operating agreement shall be deemed void and of no legal force or effect unless otherwise provided in the operating agreement. Unless otherwise provided in the operating agreement, amendments to the agreement may be adopted only by the unanimous vote or unanimous written consent of the persons who are members at the time of amendment.

     2.  An operating agreement may be adopted before, after or at the time of the filing of the articles of organization and, whether entered into before, after or at the time of the filing, may become effective at the formation of the limited-liability company or at a later date specified in the operating agreement. If an operating agreement is adopted:

     (a) Before the filing of the articles of organization or before the effective date of formation specified in the articles of organization, the operating agreement is not effective until the effective date of formation of the limited-liability company.

 


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ê2011 Statutes of Nevada, Page 780 (Chapter 168, AB 564)ê

 

     (b) After the filing of the articles of organization or after the effective date of formation specified in the articles of organization, the operating agreement binds the limited-liability company and may be enforced whether or not the limited-liability company assents to the operating agreement.

     3.  An operating agreement may provide that a certificate of limited-liability company interest issued by the limited-liability company may evidence a member’s interest in a limited-liability company.

     4.  An operating agreement:

     (a) May provide rights to any person, including a person who is not a party to the operating agreement, to the extent set forth therein.

     (b) Must be interpreted and construed to give the maximum effect to the principle of freedom of contract and enforceability.

     5.  To the extent that a member or manager or other person has duties to a limited-liability company, to another member or manager, or to another person that is a party to or is otherwise bound by the operating agreement, the member, manager or other person’s duties may be expanded, restricted or eliminated by provisions in the operating agreement, except that an operating agreement may not eliminate the implied contractual covenant of good faith and fair dealing.

     6.  Unless otherwise provided in an operating agreement, a member or manager or other person is not liable to a limited-liability company, another member or manager, or to another person that is a party to or otherwise bound by an operating agreement for breach of fiduciary duty for the member, manager or other person’s good faith reliance on the provisions of the operating agreement.

     7.  An operating agreement may provide for the limitation or elimination of any and all liabilities for breach of contract and breach of duties of a member, manager or other person to a limited-liability company, to another member or manager, or to another person that is a party to or is otherwise bound by the operating agreement. An operating agreement may not limit or eliminate liability for any act or omission that constitutes a bad faith violation of the implied contractual covenant of good faith and fair dealing.

     8.  The Secretary of State may make available a model operating agreement for use by and at the discretion of a limited-liability company according to such terms and limitations as established by the Secretary of State. The use of such an operating agreement does not create a presumption that the contents of the operating agreement are accurate or that the operating agreement is valid.

     Sec. 14.  Chapter 87 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 15.  Chapter 87A of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other similar terms to allow a limited partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

 


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ê2011 Statutes of Nevada, Page 781 (Chapter 168, AB 564)ê

 

“written” and other similar terms to allow a limited partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 16.  Chapter 88 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a limited partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 17.  Chapter 88A of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written,” and other terms to allow a business trust or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available, including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 18.  Chapter 89 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a professional entity, professional association or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing and telecommunications.

     Sec. 19.  The Secretary of State shall adopt the regulations necessary to carry out the provisions of this act on or before December 31, 2011.

     Sec. 20.  This act becomes effective upon passage and approval for purposes of adopting regulations and on October 1, 2011 for all other purposes.

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ê2011 Statutes of Nevada, Page 782ê

 

CHAPTER 169, AB 396

Assembly Bill No. 396–Assemblymen Diaz, Conklin, Kirkpatrick, Segerblom; Aizley, Atkinson, Benitez-Thompson, Brooks, Bustamante Adams, Daly, Dondero Loop, Flores, Frierson, Mastroluca, Neal, Oceguera, Pierce and Smith

 

CHAPTER 169

 

[Approved: May 31, 2011]

 

AN ACT relating to industrial insurance; revising provisions involving certain employees who are injured during certain cooperative governmental activities; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 2.5 of this bill provides that when an employee of a state or local government employer is injured by accident sustained during the course of employment while participating in certain cooperative governmental activities, industrial insurance extends to the government employer of the injured employee and any act or failure to act which creates liability on the part of any of the government employers is deemed to be the act or failure to act of the government employer of the injured employee.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1 and 2.  (Deleted by amendment.)

     Sec. 2.5.  NRS 616A.020 is hereby amended to read as follows:

     616A.020  1.  The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other rights and remedies of the employee, his or her personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.

     2.  The terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of those chapters.

     3.  The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect, land surveyor or engineer who performs services for:

     (a) The contractor;

     (b) The owner of the property; or

     (c) Any such beneficially interested persons.

 


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ê2011 Statutes of Nevada, Page 783 (Chapter 169, AB 396)ê

 

     4.  The exclusive remedy provided by this section applies to the owner of a construction project who provides industrial insurance coverage for the project by establishing and administering a consolidated insurance program pursuant to NRS 616B.710 to the extent that the program covers the employees of the contractors and subcontractors who are engaged in the construction of the project.

     5.  When an employee of a state or local government employer is injured by accident sustained during the course of employment while participating in an activity which is carried out cooperatively by the state or local government employer with another state or local government employer, the exclusive remedy provided by this section extends to the state or local government employer of the injured employee and any act or failure to act which creates liability on the part of any of the government employers participating in the activity shall be deemed to be the act or failure to act of the government employer of the injured employee for the purposes of the rights and remedies provided in chapters 616A to 616D, inclusive, of NRS.

     6.  If an employee receives any compensation or accident benefits under chapters 616A to 616D, inclusive, of NRS, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his or her employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 784ê

 

CHAPTER 170, AB 455

Assembly Bill No. 455–Committee on Education

 

CHAPTER 170

 

[Approved: May 31, 2011]

 

AN ACT relating to public safety; requiring the Nevada Interscholastic Activities Association and the board of trustees of each school district to adopt policies concerning the prevention and treatment of injuries to the head sustained by pupils while participating in sports and other athletic activities and events; requiring certain organizations for youth sports in this State to adopt a similar policy; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the county school districts to form a nonprofit association to be known as the Nevada Interscholastic Activities Association for the purposes of controlling, supervising and regulating all interscholastic athletic events and other interscholastic events in the public schools. (NRS 386.420-386.470) Section 1 of this bill requires the Association to adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, concussion of the brain. The policy must require that a pupil who sustains or is suspected of sustaining an injury to the head while participating in such an activity or event: (1) be immediately removed from the activity or event; and (2) may not return to the activity or event unless the parent or legal guardian of the pupil provides a written statement from a provider of health care indicating that the pupil is medically cleared to participate and the date on which the pupil may return to the activity or event. A pupil who participates in interscholastic activities and events and his or her parent or legal guardian must sign a form acknowledging that they have received a copy of the policy and understand its terms and conditions before the pupil’s participation in the activity or event and must sign the form on an annual basis thereafter. Section 2 of this bill requires the board of trustees of each school district to adopt a similar policy for the participation of pupils in competitive sports within the school district which are not governed by the Association. Section 2.2 of this bill requires each organization for youth sports that sanctions or sponsors competitive sports for youths in this State to adopt a similar policy for the participation of youths in those competitive sports sanctioned or sponsored by the organization.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

     Whereas, A concussion is a brain injury that results from a bump, blow or jolt to the head or body which causes the brain to move rapidly in the skull and which disrupts normal brain function; and

     Whereas, The Centers for Disease Control and Prevention of the United States Department of Health and Human Services estimates that as many as 3.8 million concussions occur each year in the United States which are related to participation in sports and other recreational activities; and

     Whereas, Children who continue to participate in an athletic activity while suffering from a concussion or suffering from the symptoms of an injury to the head are at a greater risk for catastrophic injury to the brain or even death; and

 


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ê2011 Statutes of Nevada, Page 785 (Chapter 170, AB 455)ê

 

     Whereas, Ensuring that a child who sustains or is suspected of sustaining a concussion or other injury to the head receives the appropriate medical care before returning to an athletic activity will significantly reduce the child’s risk of sustaining greater injury; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Nevada Interscholastic Activities Association shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, a concussion of the brain. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, the risks associated with continuing to participate in the activity or event after sustaining such an injury.

     2.  The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in an interscholastic activity or event, the pupil:

     (a) Must be immediately removed from the activity or event; and

     (b) May return to the activity or event if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the activity or event and the date on which the pupil may return to the activity or event.

     3.  Before a pupil participates in an interscholastic activity or event, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

     (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

     (b) Must sign a statement on a form prescribed by the Nevada Interscholastic Activities Association acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

     4.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

     Sec. 2.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  For those competitive sports not governed by the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and section 1 of this act, the board of trustees of each school district shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in competitive sports within the school district, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to section 1 of this act. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

 


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ê2011 Statutes of Nevada, Page 786 (Chapter 170, AB 455)ê

 

information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

     2.  The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the pupil:

     (a) Must be immediately removed from the competitive sport; and

     (b) May return to the competitive sport if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the competitive sport and the date on which the pupil may return to the competitive sport.

     3.  Before a pupil participates in competitive sports within a school district, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

     (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

     (b) Must sign a statement on a form prescribed by the board of trustees acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

     4.  As used in this section, “provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

     Sec. 2.2.  Chapter 455A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Each organization for youth sports that sanctions or sponsors competitive sports for youths in this State shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a youth’s participation in those competitive sports, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to section 1 of this act. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a youth’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

     2.  The policy adopted pursuant to subsection 1 must require that if a youth sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the youth:

     (a) Must be immediately removed from the competitive sport; and

     (b) May return to the competitive sport if the parent or legal guardian of the youth provides a signed statement of a provider of health care indicating that the youth is medically cleared for participation in the competitive sport and the date on which the youth may return to the competitive sport.

     3.  Before a youth participates in competitive sports sanctioned or sponsored by an organization for youth sports in this State, the youth and his or her parent or legal guardian:

     (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

 


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ê2011 Statutes of Nevada, Page 787 (Chapter 170, AB 455)ê

 

     (b) Must sign a statement on a form prescribed by the organization for youth sports acknowledging that the youth and his or her parent or legal guardian have read and understand the terms and conditions of the policy.

     4.  As used in this section:

     (a) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

     (b) “Youth” means a person under the age of 18 years.

     Sec. 2.4.  NRS 455A.010 is hereby amended to read as follows:

     455A.010  [This chapter] NRS 455A.010 to 455A.190, inclusive, may be cited as the Skier and Snowboarder Safety Act.

     Sec. 2.6.  NRS 455A.020 is hereby amended to read as follows:

     455A.020  As used in [this chapter,] NRS 455A.010 to 455A.190, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455A.023 to 455A.090, inclusive, have the meanings ascribed to them in those sections.

     Sec. 2.8.  NRS 455A.190 is hereby amended to read as follows:

     455A.190  [This chapter does] The provisions of NRS 455A.010 to 455A.190, inclusive, do not prohibit a county, city or unincorporated town from enacting an ordinance, not in conflict with the provisions of [this chapter,] NRS 455A.010 to 455A.190, inclusive, regulating skiers, snowboarders or operators.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 788ê

 

CHAPTER 171, AB 395

Assembly Bill No. 395–Assemblymen Dondero Loop; Benitez-Thompson, Bobzien, Bustamante Adams, Conklin, Diaz, Frierson, Mastroluca, Segerblom and Smith

 

CHAPTER 171

 

[Approved: May 31, 2011]

 

AN ACT relating to educational personnel; creating a separate category of licensure to teach special education; revising provisions governing the reciprocal licensure of educational personnel; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law designates the following kinds of licenses for teachers and other educational personnel in this State: (1) a license to teach elementary education; (2) a license to teach middle school or junior high school; (3) a license to teach secondary education; (4) a special license authorizing the holder to teach or perform other educational functions; and (5) a special qualifications license authorizing the holder to teach only in the grades and subject areas designated in the license. (NRS 391.031) Existing law also requires the Commission on Professional Standards in Education to adopt regulations requiring teachers to obtain an endorsement in a field of specialization to be eligible to teach in that field. (NRS 391.019) Existing administrative regulations of the Commission require teachers to obtain endorsements to their teaching licenses to teach special education. (NAC 391.340-391.398) Section 1 of this bill creates a separate category of licensure to teach special education.

       Existing law requires the Commission to adopt regulations which provide for the reciprocal licensure of educational personnel from other states. (NRS 391.032) Section 2 of this bill requires those regulations to include provisions providing for the reciprocal licensure of persons who hold a license to teach special education.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 391.031 is hereby amended to read as follows:

     391.031  There are the following kinds of licenses for teachers and other educational personnel in this State:

     1.  A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.

     2.  A license to teach middle school or junior high school education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in grades 7, 8 and 9 at any middle school or junior high school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

     3.  A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

     4.  A license to teach special education, which authorizes the holder to teach pupils with disabilities or gifted and talented pupils, or both.

 


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ê2011 Statutes of Nevada, Page 789 (Chapter 171, AB 395)ê

 

     5.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

     [5.] 6.  A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1 of NRS 391.019.

     Sec. 2.  NRS 391.032 is hereby amended to read as follows:

     391.032  1.  Except as otherwise provided in NRS 391.027, the Commission shall:

     (a) Consider and may adopt regulations which provide for the issuance of conditional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.

     (b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states [.] including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education.

     2.  The regulations adopted pursuant to paragraph (b) of subsection 1 may provide an exemption from the examinations required for initial licensure for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

     3.  A person who is issued a conditional license must complete all courses of study and other requirements for a license in this State which is not conditional within 3 years after the date on which a conditional license is issued.

     Sec. 3.  NRS 391.166 is hereby amended to read as follows:

     391.166  1.  There is hereby created the Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund.

     2.  The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees. The program must be negotiated pursuant to chapter 288 of NRS and must include, without limitation, the attraction and retention of:

     (a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and

     (b) Teachers who hold [an] a license or endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.

     3.  A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel.

 


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ê2011 Statutes of Nevada, Page 790 (Chapter 171, AB 395)ê

 

personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.

     4.  If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.

     5.  The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.

     6.  After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.

     7.  An individual employee may not receive as a financial incentive pursuant to a program an amount of money that is more than $3,500 per year.

     8.  The Department shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:

     (a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;

     (b) The transiency rate of pupils;

     (c) The percentage of pupils who are limited English proficient;

     (d) The percentage of pupils who have individualized education programs;

     (e) The percentage of pupils who score in the bottom two quarters on the mathematics portion or the reading portion, or both, of the high school proficiency examination; and

     (f) The percentage of pupils who drop out of high school before graduation.

     9.  The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:

     (a) Governor;

     (b) State Board;

     (c) Interim Finance Committee;

 


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ê2011 Statutes of Nevada, Page 791 (Chapter 171, AB 395)ê

 

     (d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

     (e) Legislative Committee on Education.

     Sec. 4.  This act becomes effective on July 1, 2011.

________

CHAPTER 172, AB 472

Assembly Bill No. 472–Committee on Government Affairs

 

CHAPTER 172

 

[Approved: May 31, 2011]

 

AN ACT relating to youth shelters; repealing provisions relating to the approval of youth shelters by a county; revising provisions relating to immunity from civil liability; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a county may enact an ordinance to designate a youth shelter as an approved youth shelter if the youth shelter meets certain requirements. (NRS 244.428) An approved youth shelter and its director, employees, agents or volunteers are then immune from civil liability for certain acts or omissions relating to runaway or homeless youth. (NRS 244.429)

       Section 4 of this bill repeals the authority of a county to approve youth shelters. Section 2 of this bill grants immunity from civil liability for certain acts or omissions relating to runaway or homeless youth to a youth shelter and to its director, employees, agents or volunteers.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 244.421 is hereby amended to read as follows:

     244.421  As used in NRS 244.421 to 244.429, inclusive, unless the context otherwise requires, the words and terms defined in NRS [244.422] 244.423 to 244.427, inclusive, have the meanings ascribed to them in those sections.

     Sec. 2.  NRS 244.429 is hereby amended to read as follows:

     244.429  [If a county designates a youth shelter as an approved youth shelter pursuant to an ordinance adopted pursuant to NRS 244.428, the approved] A youth shelter and its director, employees, agents or volunteers are immune from civil liability based upon any act or failure to act while admitting, releasing or caring for a runaway or homeless youth, unless the act or failure to act was the result of the gross negligence or intentional or reckless misconduct of the [approved] youth shelter or its director, employees, agents or volunteers.

     Sec. 3.  NRS 432B.220 is hereby amended to read as follows:

     432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

 


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     (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

     (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

     2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

     (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

     (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

     3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

     4.  A report must be made pursuant to subsection 1 by the following persons:

     (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

     (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

     (c) A coroner.

     (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

 


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     (e) A social worker and an administrator, teacher, librarian or counselor of a school.

     (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

     (g) Any person licensed to conduct a foster home.

     (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

     (i) An attorney, unless the attorney has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

     (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

     (k) Any person who is employed by or serves as a volunteer for [an approved] a youth shelter. As used in this paragraph, [“approved] “ youth shelter” has the meaning ascribed to it in NRS [244.422.] 244.427.

     (l) Any adult person who is employed by an entity that provides organized activities for children.

     5.  A report may be made by any other person.

     6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

     Sec. 4.  NRS 244.422 and 244.428 are hereby repealed.

     Sec. 5.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 794ê

 

CHAPTER 173, AB 313

Assembly Bill No. 313–Assemblymen Bustamante Adams, Bobzien, Anderson and Horne

 

Joint Sponsor: Senator Gustavson

 

CHAPTER 173

 

[Approved: May 31, 2011]

 

AN ACT relating to child custody; providing for the expiration by operation of law of certain orders modifying custody and visitation of children for persons who are members of the military; authorizing a court to delegate the visitation rights of a member of the military to a family member of the member of the military under certain circumstances; requiring a court, under certain circumstances, to provide an expedited hearing concerning custody or visitation matters to allow participation in such a hearing by affidavit or electronic means, or to both hold an expedited hearing and allow such participation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that an award of child custody or visitation may only be made by considering the best interest of the child. (NRS 125.480, 125C.010) Existing law further provides that the court is authorized, with certain exceptions, to modify its order at any time. (NRS 125.510) Section 10 of this bill prohibits a court from entering a final order modifying the terms of an existing custody or visitation order of a parent or legal guardian who is a member of the military and who has received mandatory written orders for deployment until 90 days after the deployment ends. Section 11 of this bill provides that deployment or the potential for future deployment of a parent or legal guardian must not, by itself, constitute a substantial change sufficient to justify a permanent modification of a custody or visitation order.

       Section 12 of this bill authorizes a court to modify a custody or visitation order to reasonably accommodate the deployment of a parent or legal guardian and deems any such modification to be a temporary order. Section 13 of this bill provides, with certain exceptions, that such a temporary order expires automatically upon the completion of the deployment and the custody or visitation order that was in place before the order was modified by the temporary order is automatically reinstated.

       Section 15 of this bill authorizes a court to delegate the visitation rights of the parent or legal guardian who is deployed to a family member of the parent or legal guardian under certain circumstances.

       Section 14 of this bill requires a court, upon a motion of a parent or legal guardian who is deployed or has received mandatory written orders for deployment and whose ability, or anticipated ability, to appear in person at a regularly scheduled hearing concerning custody or visitation matters is materially affected by his or her military duties, to: (1) hold an expedited hearing; (2) allow the parent or legal guardian to present testimony and evidence by affidavit or electronic means; or (3) both hold an expedited hearing and allow testimony and evidence to be presented by affidavit or electronic means.

 


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ê2011 Statutes of Nevada, Page 795 (Chapter 173, AB 313)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 125.510 is hereby amended to read as follows:

     125.510  1.  In determining the custody of a minor child in an action brought pursuant to this chapter, the court may, except as otherwise provided in this section and chapter 130 of NRS [:] and sections 3 to 20, inclusive, of this act:

     (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

     (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.

Ê The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

     2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

     3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the provisions of sections 3 to 20, inclusive, of this act and to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

     4.  A party may proceed pursuant to this section without counsel.

     5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

     6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and sections 3 to 20, inclusive, of this act and must contain the following language:

 

     PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 


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ê2011 Statutes of Nevada, Page 796 (Chapter 173, AB 313)ê

 

     7.  In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

     8.  If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

     (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

     (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning the child to his or her habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

     9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

     (a) Upon the death of the person to whom the order was directed; or

     (b) When the child reaches 18 years of age if the child is no longer enrolled in high school, otherwise, when the child reaches 19 years of age.

     10.  As used in this section, a parent has “significant commitments in a foreign country” if the parent:

     (a) Is a citizen of a foreign country;

     (b) Possesses a passport in his or her name from a foreign country;

     (c) Became a citizen of the United States after marrying the other parent of the child; or

     (d) Frequently travels to a foreign country.

     Sec. 2.  Chapter 125C of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 20, inclusive, of this act.

     Sec. 3.  As used in sections 3 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Custody or visitation order” means:

     1.  A judgment, decree or order issued by a court of competent jurisdiction in this State which provides for custody or visitation with respect to a child; and

     2.  A judgment, decree or order issued by a court of another state which provides for custody or visitation with respect to a child if the judgment, decree or order has been registered in this State pursuant to NRS 125A.465.

     Sec. 5.  “Deployment” means the transfer or reassignment of a member of the military, unaccompanied by any family member, on active duty status in support of combat or another military operation, including, without limitation, temporary duty.

 


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without limitation, temporary duty. The term does not include annual training of a reserve component of the Armed Forces of the United States or of the National Guard.

     Sec. 6.  “Member of the military” means a person who is presently serving in the Armed Forces of the United States, a reserve component thereof or the National Guard.

     Sec. 7.  “Parent” means a parent or legal guardian of a child under the age of 18 years.

     Sec. 8.  “Parent who received orders for deployment” means a parent who has received mandatory written orders for deployment and who is awaiting deployment or has been deployed pursuant to those orders.

     Sec. 9.  “Temporary duty” means the transfer of a member of the military, unaccompanied by any family member, from a military base to a different location, including, without limitation, another military base, for a limited time to accomplish training or to assist in the performance of a combat mission.

     Sec. 10.  1.  Except as otherwise provided in subsection 2, if a parent who is a member of the military and who has been awarded sole or joint custody or visitation of a child receives mandatory written orders for deployment, the court shall not enter a final order modifying the terms of the existing custody or visitation order until 90 days after the termination of the parent’s deployment.

     2.  If the matter was fully adjudicated by a court before the parent’s deployment, the court may enter such a final order at any time.

     Sec. 11.  Deployment or the potential for future deployment must not, by itself, constitute a substantial change in circumstances sufficient to warrant a permanent modification of a custody or visitation order.

     Sec. 12.  1.  The court may temporarily modify a custody or visitation order to reasonably accommodate the deployment of a parent. Any such modification by the court of a custody or visitation order shall be deemed a temporary order.

     2.  A temporary order issued pursuant to subsection 1 must:

     (a) Unless the court determines it is not in the best interest of the child, grant the parent who received orders for deployment reasonable custody or visitation during periods of approved military leave if the existing custody or visitation order granted that parent custody or visitation before deployment;

     (b) Include any restrictions concerning custody or visitation set forth in the existing custody or visitation order;

     (c) Specify that deployment is the reason for the modification of the existing custody or visitation order; and

     (d) Require the other parent to provide the court and the parent who received orders for deployment with written notice of any change of his or her address or telephone number as soon as practicable but not later than 30 days after such change.

     3.  In issuing a temporary order pursuant to subsection 1, the court shall consider issuing any such appropriate temporary order as will ensure the ability of the parent who received orders for deployment to maintain frequent and continuing contact with the child by means that are reasonably available.

     Sec. 13.  1.  Except as otherwise provided in subsection 2, a temporary order issued pursuant to section 12 of this act expires by operation of law upon the completion of the parent’s deployment and the previous custody or visitation order is reinstated.

 


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operation of law upon the completion of the parent’s deployment and the previous custody or visitation order is reinstated.

     2.  The court may, upon a motion alleging immediate danger of irreparable harm to the child, hold an expedited hearing concerning custody or visitation upon the completion of the parent’s deployment.

     Sec. 14.  1.  If the military duties of a parent who received orders for deployment have a material effect on the ability, or anticipated ability, of the parent to appear in person at a regularly scheduled hearing concerning any custody or visitation matters, the court shall, upon a motion of that parent and for good cause shown:

     (a) Hold an expedited hearing;

     (b) Allow the parent who received orders for deployment to present testimony and evidence by affidavit or electronic means; or

     (c) Both hold an expedited hearing pursuant to paragraph (a) and allow testimony and evidence to be presented pursuant to paragraph (b).

     2.  As used in this section, “electronic means” includes, without limitation, telephone, videoconference or the Internet.

     Sec. 15.  1.  Upon a motion by the parent who received orders for deployment, the court may delegate his or her visitation rights, or a portion of those rights, to a family member of that parent who has a substantial relationship with the child if the court determines that such delegated visitation is in the best interest of the child.

     2.  In determining whether visitation rights should be delegated to a family member pursuant to subsection 1, the court shall consider the factors set forth in paragraphs (a) to (i), inclusive, of subsection 6 of NRS 125C.050.

     3.  Any visitation rights delegated to a family member pursuant to subsection 1 terminate upon:

     (a) The expiration of a temporary order pursuant to section 13 of this act; or

     (b) A showing that the delegated visitation is no longer in the best interest of the child.

     4.  Nothing in this section increases the authority of a family member who is delegated visitation rights pursuant to subsection 1 to seek separate visitation rights of the child pursuant to NRS 125C.050.

     Sec. 16.  If a custody or visitation order has not been issued and a parent’s deployment is imminent, the court shall, upon a motion of either parent, hold an expedited hearing for the purpose of issuing a temporary order establishing the custody and visitation arrangement in accordance with sections 3 to 20, inclusive, of this act.

     Sec. 17.  1.  If military necessity precludes court adjudication before deployment, the parent who received orders for deployment and the other parent shall cooperate with and provide information to each other in an effort to reach a mutually agreeable resolution with regard to custody and visitation matters.

     2.  Except as otherwise provided in this subsection, the parent who received orders for deployment shall, within 10 days after receiving the orders, provide a copy of the orders to the other parent. If the date of deployment is less than 10 days after receipt of the orders, a copy of the orders must be provided immediately to the other parent.

     Sec. 18.  1.  If a court in this State has issued a custody or visitation order, the absence of a child from this State during the deployment of a parent shall be deemed a temporary absence for the purposes of NRS 125A.085 and 125A.135 and this State retains exclusive, continuing jurisdiction as provided in NRS 125A.315.

 


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parent shall be deemed a temporary absence for the purposes of NRS 125A.085 and 125A.135 and this State retains exclusive, continuing jurisdiction as provided in NRS 125A.315.

     2.  The deployment of a parent may not be used as a basis to assert the issue of inconvenient forum pursuant to NRS 125A.365.

     Sec. 19.  In making a determination pursuant to sections 3 to 20, inclusive, of this act, a court may award costs and reasonable attorney’s fees against any parent:

     1.  Who the court determines caused unreasonable delays;

     2.  Who failed to provide any information required pursuant to sections 3 to 20, inclusive, of this act; and

     3.  In such other circumstances as the court deems proper.

     Sec. 20.  The provisions of sections 3 to 20, inclusive, of this act do not apply to any custody or visitation arrangement requested in a verified application for a temporary or extended order for protection against domestic violence filed pursuant to NRS 33.020.

________

CHAPTER 174, AB 318

Assembly Bill No. 318–Assemblywomen Mastroluca and Smith

 

CHAPTER 174

 

[Approved: May 31, 2011]

 

AN ACT relating to education; placing the burden of proof and the burden of production on a school district in a due process hearing held pursuant to the Individuals with Disabilities Education Act in which the school district is a party; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing federal law prescribes certain requirements for the education of pupils with disabilities pursuant to the Individuals with Disabilities Education Act. (20 U.S.C. §§ 1400 et seq.) Under the federal Act, school districts are required to make available to pupils with disabilities a “free appropriate public education,” including the development of an individualized education program for each pupil with a disability served by the school district. The federal Act also requires each state to comply with certain prescribed administrative procedures to ensure that pupils with disabilities and their parents or guardians are guaranteed procedural safeguards with respect to the provision of a free appropriate public education, including procedures allowing a parent or guardian to file a due process complaint notice and the opportunity for an impartial due process hearing. (20 U.S.C. § 1415) Existing administrative regulations of the State Board of Education set forth the procedural requirements for such a due process complaint and hearing. (NAC 388.306-388.318) The federal Act is silent, however, as to whether the school district or the parent or guardian bears the burden of proof at such a hearing. The United States Supreme Court has not specifically ruled on the issue of whether a state law may shift the burden of proof to the school district in all cases but has ruled that in the absence of a state law, the complaining party bears the burden of proof. (Schaffer v. Weast, 126 S.Ct. 528 (2005)) This bill provides that in all due process hearings held pursuant to the federal Act where the school district is a party, the school district bear the burden of proof and the burden of production.

 


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ê2011 Statutes of Nevada, Page 800 (Chapter 174, AB 318)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

     Whenever a due process hearing is held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., regarding the identification, evaluation, reevaluation, classification, educational placement or disciplinary action of or provision of a free appropriate public education to a pupil with a disability, and a school district is a party, the school district has the burden of proof and the burden of production.

     Sec. 2.  NRS 388.440 is hereby amended to read as follows:

     388.440  As used in NRS 388.440 to 388.5317, inclusive [:] , and section 1 of this act:

     1.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

     2.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

     3.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

     Sec. 3.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 801ê

 

CHAPTER 175, AB 317

Assembly Bill No. 317–Assemblyman Segerblom

 

CHAPTER 175

 

[Approved: May 31, 2011]

 

AN ACT relating to civil actions; revising provisions relating to the commencement of civil actions concerning certain claims relating to residential property after the completion of nonbinding arbitration of such claims; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain claims relating to residential property to be submitted for mediation or arbitration with the Real Estate Division of the Department of Business and Industry by filing a written claim with the Division as a prerequisite to filing a civil action based on those claims. (NRS 38.310, 38.320) Existing law further authorizes, under certain circumstances, any party to nonbinding arbitration to commence a civil action concerning the claim which was submitted for arbitration within 30 days after a decision and award have been served upon the parties. (NRS 38.330) Section 4 of this bill requires such a decision and award to be both final and dispositive of any and all issues of the claim which were submitted to nonbinding arbitration before such a party may commence a civil action.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-3.  (Deleted by amendment.)

     Sec. 4.  NRS 38.330 is hereby amended to read as follows:

     38.330  1.  If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation, the parties shall reduce the agreement to writing and shall select a mediator from the list of mediators maintained by the Division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the Division shall appoint a mediator from the list of mediators maintained by the Division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the parties agree to mediation. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for all costs of mediation conducted pursuant to this section.

     2.  If all the parties named in the claim do not agree to mediation, the parties shall select an arbitrator from the list of arbitrators maintained by the Division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the Division shall appoint an arbitrator from the list maintained by the Division.

 


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ê2011 Statutes of Nevada, Page 802 (Chapter 175, AB 317)ê

 

Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the Division shall provide the name of the arbitrator to each party. An arbitrator shall, not later than 5 days after the arbitrator’s selection or appointment pursuant to this subsection, provide to the parties an informational statement relating to the arbitration of a claim pursuant to this section. The written informational statement:

     (a) Must be written in plain English;

     (b) Must explain the procedures and applicable law relating to the arbitration of a claim conducted pursuant to this section, including, without limitation, the procedures, timelines and applicable law relating to confirmation of an award pursuant to NRS 38.239, vacation of an award pursuant to NRS 38.241, judgment on an award pursuant to NRS 38.243, and any applicable statute or court rule governing the award of attorney’s fees or costs to any party; and

     (c) Must be accompanied by a separate form acknowledging that the party has received and read the informational statement, which must be returned to the arbitrator by the party not later than 10 days after receipt of the informational statement.

     3.  The Division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the Account for Common-Interest Communities and Condominium Hotels created by NRS 116.630, to the extent that:

     (a) The Commission for Common-Interest Communities and Condominium Hotels approves the payment; and

     (b) There is money available in the account for this purpose.

     4.  Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.231, 38.232, 38.233, 38.236 to 38.239, inclusive, 38.242 and 38.243. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.

     5.  If all the parties have agreed to nonbinding arbitration, any party to the nonbinding arbitration may, within 30 days after a final decision and award which are dispositive of any and all issues of the claim which were submitted to nonbinding arbitration have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.239.

 


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ê2011 Statutes of Nevada, Page 803 (Chapter 175, AB 317)ê

 

     6.  If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of this chapter. An award procured pursuant to such binding arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.241.

     7.  If, after the conclusion of binding arbitration, a party:

     (a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.241; or

     (b) Commences a civil action based upon any claim which was the subject of arbitration,

Ê the party shall, if the party fails to obtain a more favorable award or judgment than that which was obtained in the initial binding arbitration, pay all costs and reasonable attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.

     8.  Upon request by a party, the Division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.

     9.  As used in this section, “geographic area” means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.

     Secs. 5-7.  (Deleted by amendment.)

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ê2011 Statutes of Nevada, Page 804ê

 

CHAPTER 176, AB 290

Assembly Bill No. 290–Assemblymen Neal; Aizley, Benitez-Thompson, Bobzien, Diaz, Flores, Hardy, Horne, Livermore, Munford, Ohrenschall, Pierce and Stewart

 

CHAPTER 176

 

[Approved: May 31, 2011]

 

AN ACT relating to education; authorizing the principal of a high school or the principal’s designee to postpone the administration of the high school proficiency examination in the subject areas of mathematics and science for a pupil who is not academically ready in those subject areas; authorizing the board of trustees of a school district to administer the practice test of the high school proficiency examination to pupils enrolled in high school; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the high school proficiency examination is administered to pupils enrolled in high school in the subject areas of reading, mathematics, science and writing. (NRS 389.015, 389.550) Also under existing law, unless a pupil satisfies certain alternative criteria, passage of the high school proficiency examination in its entirety is required for receipt of a standard high school diploma. (NRS 389.805) Existing administrative regulations of the State Board of Education set forth the times for the administration of the high school proficiency examination beginning with grade 10. (NAC 389.051) Section 4 of this bill authorizes the principal of a high school or the principal’s designee to postpone the administration of the high school proficiency examination in the subject area of mathematics or science, or both, for a pupil enrolled in grade 10 for not more than 1 year if: (1) the principal or the principal’s designee and the pupil’s teacher who provides instruction in the applicable subject area determine, based upon the criteria for grading established by the school district for the applicable subject area, that the pupil is not academically ready to take the examination; and (2) the parent or legal guardian of the pupil agrees in writing that the pupil is not academically ready for that subject area of the examination. If the administration of the examination is postponed, the pupil’s academic plan for high school must be revised to ensure that: (1) the pupil is enrolled in or scheduled to enroll in the appropriate course work for his or her grade level and receives the necessary preparation to enable the pupil to take the subject area of the high school proficiency examination which was postponed; and (2) the pupil participates in the statewide program to prepare pupils for the high school proficiency examination or enrolls in a course of study offered by the board of trustees of the school district designed to assist pupils with passing the high school proficiency examination.

       Effective on July 1, 2011, existing law authorizes the board of trustees of each school district to require the administration of district-wide tests, examinations and assessments that are in addition to any other test, examination or assessment that is required by state or federal law. (NRS 389.006) Section 4.5 of this bill authorizes the board of trustees of each school district to administer the practice test of the high school proficiency examination to pupils enrolled in high school.

 


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ê2011 Statutes of Nevada, Page 805 (Chapter 176, AB 290)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 388.205 is hereby amended to read as follows:

     388.205  1.  The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. The academic plan must set forth the specific educational goals that the pupil intends to achieve before graduation from high school. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

     2.  The policy must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

     (a) Work in consultation with a school counselor to develop an academic plan for the pupil;

     (b) Sign the academic plan; and

     (c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

     3.  If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

     4.  If the administration of the high school proficiency examination in the subject area of mathematics or science, or both, is postponed for a pupil pursuant to section 4 of this act, the pupil’s academic plan must be revised in consultation with the pupil’s teacher who provides instruction in the applicable subject area and the pupil’s parent or legal guardian as set forth in section 4 of this act.

     5.  An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

     Sec. 2.  Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  1.  The principal of a high school, or the principal’s designee, may postpone, for not more than 1 year, the administration of the high school proficiency examination in the subject area of mathematics or science, or both, for a pupil enrolled in grade 10 at the high school if:

     (a) The principal, or the principal’s designee, and the pupil’s teacher who provides instruction in the applicable subject area determine, based upon the criteria for grading established by the school district for the applicable subject area, that the pupil is not academically ready to take the high school proficiency examination in the subject area of mathematics or science. If the high school in which the pupil is enrolled administers the practice test of the high school proficiency examination, the results of the pupil on that test may be included as one of the factors to determine the pupil’s readiness.

 


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ê2011 Statutes of Nevada, Page 806 (Chapter 176, AB 290)ê

 

practice test of the high school proficiency examination, the results of the pupil on that test may be included as one of the factors to determine the pupil’s readiness.

     (b) The parent or legal guardian of the pupil agrees in writing with the determination of the principal, or the principal’s designee, and the teacher that the pupil is not academically ready to take the high school proficiency examination in the subject area of mathematics or science, or both.

     2.  If the administration of the mathematics or science subject area of the high school proficiency examination is postponed for a pupil pursuant to subsection 1, the principal of the school, or the principal’s designee, shall provide the pupil and his or her parent or legal guardian a copy of the informational pamphlet concerning the high school proficiency examination developed by the Department pursuant to NRS 389.0173.

     3.  If the administration of the mathematics or science subject area of the high school proficiency examination is postponed for a pupil pursuant to subsection 1, the academic plan of the pupil developed pursuant to NRS 388.205 must be revised to:

     (a) Ensure that the pupil is enrolled in or scheduled to enroll in the course work for his or her grade level and receives the necessary preparation to enable the pupil to take the subject area of the high school proficiency examination for which the examination is postponed; and

     (b) Require the pupil to participate in the statewide program to prepare pupils for the high school proficiency examination established pursuant to NRS 389.0175 or enroll in the course of study designed to assist pupils with passing the high school proficiency examination prescribed by the State Board pursuant to NRS 389.045, or both.

     4.  On or before July 1 of each year, the board of trustees of each school district shall submit a report to the Department and the Legislative Committee on Education indicating:

     (a) The number of pupils for whom the administration of the high school proficiency examination is postponed in the immediately preceding school year; and

     (b) A notation indicating whether the administration was postponed for the subject area of mathematics or science, or both.

     Sec. 4.5.  NRS 389.006 is hereby amended to read as follows:

     389.006  1.  In addition to any other test, examination or assessment required by state or federal law, the board of trustees of each school district may require the administration of district-wide tests, examinations and assessments , including, without limitation, the practice test of the high school proficiency examination to pupils enrolled in high school, that the board of trustees determines are vital to measure the achievement and progress of pupils. In making this determination, the board of trustees shall consider any applicable findings and recommendations of the Legislative Committee on Education.

     2.  The tests, examinations and assessments required pursuant to subsection 1 must be limited to those which can be demonstrated to provide a direct benefit to pupils or which are used by teachers to improve instruction and the achievement of pupils.

 


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ê2011 Statutes of Nevada, Page 807 (Chapter 176, AB 290)ê

 

     3.  The board of trustees of each school district and the State Board shall periodically review the tests, examinations and assessments administered to pupils to ensure that the time taken from instruction to conduct a test, examination or assessment is warranted because it is still accomplishing its original purpose.

     Sec. 5.  NRS 389.015 is hereby amended to read as follows:

     389.015  1.  The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

     (a) Reading;

     (b) Mathematics; and

     (c) Science.

     2.  The examinations required by subsection 1 must be:

     (a) Administered before the completion of grades 4, 7, 10 and 11 [.] , except for a pupil enrolled in grade 10 for whom the administration of the high school proficiency examination in the subject area of mathematics or science, or both, is postponed pursuant to section 4 of this act.

     (b) Administered in each school district and each charter school at the same time during the spring semester. The time for the administration of the examinations must be prescribed by the State Board.

     (c) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of school districts and individual schools with the uniform procedures.

     (d) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

           (1) The plan adopted by the Department; and

           (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

     (e) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the examinations shall report the results of the examinations in the form and by the date required by the Department.

     3.  Not more than 14 working days after the results of the examinations are reported to the Department by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

 


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ê2011 Statutes of Nevada, Page 808 (Chapter 176, AB 290)ê

 

     (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

     (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

Ê If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil of each subject area that the pupil failed as soon as practicable but not later than 15 working days after the school receives the results of the examination.

     4.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 7 or 10, the pupil may be promoted to the next higher grade, but the results of the pupil’s examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

     5.  Except as otherwise provided in subsection 6, if a pupil fails to pass the high school proficiency examination, the pupil must not be graduated unless he or she:

     (a) Is able, through remedial study, to pass the proficiency examination; or

     (b) Passes the subject areas of mathematics and reading tested on the proficiency examination, has at least a 2.75 grade point average on a 4.0 grading scale and satisfies the alternative criteria prescribed by the State Board pursuant to NRS 389.805,

Ê but the pupil may be given a certificate of attendance, in place of a diploma, if the pupil has reached the age of 18 years.

     6.  A pupil who transfers during grade 12 to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the pupil may receive a waiver from the requirements of subsection 5 if, in accordance with the provisions of NRS 392C.010, the school district in which the pupil is enrolled:

     (a) Accepts the results of the exit or end-of-course examinations required for graduation in the local education agency in which the pupil was previously enrolled;

     (b) Accepts the results of a national norm-referenced achievement examination taken by the pupil; or

     (c) Establishes an alternative test for the pupil which demonstrates proficiency in the subject areas tested on the high school proficiency examination, and the pupil successfully passes that test.

     7.  The State Board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must include the subjects of reading, mathematics and science and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 7 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10.

 


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ê2011 Statutes of Nevada, Page 809 (Chapter 176, AB 290)ê

 

from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

     (a) To the extent necessary for administering and evaluating the examinations.

     (b) That a disclosure may be made to a:

           (1) State officer who is a member of the Executive or Legislative Branch to the extent that it is necessary for the performance of his or her duties;

           (2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his or her duties;

           (3) Director of curriculum of a school district to the extent that it is necessary for the performance of his or her duties; and

           (4) Director of testing of a school district to the extent that it is necessary for the performance of his or her duties.

     (c) That specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

     (d) As required pursuant to NRS 239.0115.

     Sec. 6.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 810ê

 

CHAPTER 177, SB 387

Senate Bill No. 387–Committee on Transportation

 

CHAPTER 177

 

[Approved: May 31, 2011]

 

AN ACT relating to off-highway vehicles; authorizing the Department of Motor Vehicles to assign a distinguishing number to any off-highway vehicle that does not have a unique vehicle identification number or serial number; providing for the imposition of a fee for the assignment of such a distinguishing number; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the owner of an off-highway vehicle may be required to register the vehicle with the Department of Motor Vehicles if the Interim Finance Committee issues a notice to the Department that adequate money is available to begin registering such vehicles on or before July 1, 2011. As part of that registration, the owner of the off-highway vehicle will be required to notify the Department of the unique vehicle identification number or serial number of the vehicle. (NRS 490.082) This bill authorizes the Department to assign a distinguishing number to an off-highway vehicle that does not have a unique vehicle identification number or serial number, or to an off-highway vehicle on or from which the unique vehicle identification number or serial number has been removed, defaced, altered or obliterated. This bill also authorizes the Department to charge a fee for the assignment of such a distinguishing number.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 490 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Department may assign a distinguishing number to any off-highway vehicle if:

     (a) The off-highway vehicle does not have a unique vehicle identification number or serial number provided by the manufacturer of the vehicle;

     (b) The unique vehicle identification number or serial number provided by the manufacturer of the off-highway vehicle has been removed, defaced, altered or obliterated; or

     (c) The off-highway vehicle is homemade.

     2.  Any off-highway vehicle to which there is assigned a distinguishing number pursuant to subsection 1 must be registered, if required pursuant to NRS 490.082, under the distinguishing number.

     3.  The Department shall collect a fee of $2 for the assignment and recording of each such distinguishing number.

     4.  The number by which an off-highway vehicle is registered pursuant to NRS 490.082 must be permanently stamped or attached to the vehicle. False attachment or willful removal, defacement, alteration or obliteration of such a number with intent to defraud is a gross misdemeanor.

 


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ê2011 Statutes of Nevada, Page 811 (Chapter 177, SB 387)ê

 

     Sec. 2.  NRS 490.082 is hereby amended to read as follows:

     490.082  1.  An owner of an off-highway vehicle that is acquired:

     (a) Before the effective date of this section:

           (1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

           (2) Except as otherwise provided in subsection 3, shall, within 1 year after the effective date of this section, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

     (b) On or after the effective date of this section, shall, within 30 days after acquiring ownership of the off-highway vehicle:

           (1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

           (2) Except as otherwise provided in subsection 3, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

     2.  If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:

     (a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof prescribed by the Department that he or she is the owner of the off-highway vehicle.

     (b) The registration of the off-highway vehicle, the owner shall submit:

           (1) If ownership of the off-highway vehicle was obtained before the effective date of this section, proof prescribed by the Department:

                (I) That he or she is the owner of the off-highway vehicle; and

                (II) Of the unique vehicle identification [or] number, serial number or distinguishing number obtained pursuant to section 1 of this act for the off-highway vehicle; or

           (2) If ownership of the off-highway vehicle was obtained on or after the effective date of this section:

                (I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and

                (II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification [or] number, serial number or distinguishing number obtained pursuant to section 1 of this act for the off-highway vehicle.

     3.  Registration of an off-highway vehicle is not required if the off-highway vehicle:

     (a) Is owned and operated by:

           (1) A federal agency;

           (2) An agency of this State; or

           (3) A county, incorporated city or unincorporated town in this State;

     (b) Is part of the inventory of a dealer of off-highway vehicles;

     (c) Is registered or certified in another state and is located in this State for not more than 60 days;

 


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ê2011 Statutes of Nevada, Page 812 (Chapter 177, SB 387)ê

 

     (d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;

     (e) Is used for work conducted by or at the direction of a public or private utility; or

     (f) Was manufactured before January 1, 1976.

     4.  The registration of an off-highway vehicle expires 1 year after its issuance. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual renewal fee and a late fee of $25. Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

     5.  If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:

     (a) Set forth by the Department by regulation; and

     (b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

     6.  The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.

     Sec. 3.  NRS 490.083 is hereby amended to read as follows:

     490.083  Each registration of an off-highway vehicle must:

     1.  Be in the form of a sticker or decal, as prescribed by the Department.

     2.  Be approximately the size of a license plate for a motorcycle, as set forth by the Department.

     3.  Include [a] the unique vehicle identification [or] number, serial number or distinguishing number obtained pursuant to section 1 of this act for the off-highway vehicle.

     4.  Be displayed on the off-highway vehicle in the manner set forth by the Commission.

     Sec. 4.  NRS 490.150 is hereby amended to read as follows:

     490.150  1.  Before taking an off-highway vehicle on consignment, an off-highway vehicle dealer or lessor shall prepare a written consignment contract.

     2.  A consignment contract must include, without limitation:

     (a) The names of the consignor and consignee;

     (b) The date on which the consignment contract was entered into;

     (c) A complete description of the off-highway vehicle subject to the consignment contract, including the unique vehicle identification [or] number, serial number [,] or distinguishing number obtained pursuant to section 1 of this act, and the year, make and model of the off-highway vehicle;

     (d) The term of the consignment contract;

     (e) The name of each person or business entity holding any security interest in the off-highway vehicle to be consigned;

 


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ê2011 Statutes of Nevada, Page 813 (Chapter 177, SB 387)ê

 

     (f) The minimum sales price for the off-highway vehicle and the disposition of the proceeds therefrom, as agreed upon by the consignor and consignee; and

     (g) The signatures of the consignor and consignee acknowledging all the terms and conditions set forth in the consignment contract.

     Sec. 5.  NRS 490.160 is hereby amended to read as follows:

     490.160  1.  A consignee of an off-highway vehicle shall, upon entering into a consignment contract or other form of agreement to sell an off-highway vehicle owned by another person:

     (a) Open and maintain a separate trust account in a federally insured bank or savings and loan association that is located in this State, into which the consignee shall deposit all money received from a prospective buyer as a deposit, or as partial or full payment of the purchase price agreed upon, toward the purchase or transfer of interest in the off-highway vehicle. A consignee of an off-highway vehicle shall not:

           (1) Commingle the money in the trust account with any other money that is not on deposit or otherwise maintained toward the purchase of the off-highway vehicle subject to the consignment contract or agreement; or

           (2) Use any money in the trust account to pay his or her operational expenses for any purpose that is not related to the consignment contract or agreement.

     (b) Obtain from the consignor, before receiving delivery of the off-highway vehicle, a signed and dated disclosure statement that is included in the consignment contract and provides in at least 10-point bold type or font:

 

IMPORTANT NOTICE TO OFF-HIGHWAY VEHICLE OWNERS

 

State law (NRS 490.160) requires that the operator of this business file a Uniform Commercial Code 1 (UCC1) form with the Office of the Secretary of State on your behalf to protect your interest in your off-highway vehicle. The form is required to protect your off-highway vehicle from forfeiture in the event that the operator of this business fails to meet his or her financial obligations to a third party holding a security interest in his or her inventory. The form must be filed by the operator of this business before the operator may take possession of your off-highway vehicle. If the form is not filed as required, YOU MAY LOSE YOUR VEHICLE THROUGH NO FAULT OF YOUR OWN. For a copy of the UCC1 form filed on your behalf or for more information, please contact:

 

The Office of the Secretary of State of Nevada

Uniform Commercial Code Division

(775) 684-5708

 

I understand and acknowledge the above disclosure.

 

.............................................             

Consignee Signature              Date

 

     (c) Assist the consignor in completing, with respect to the consignor’s purchase-money security interest in the off-highway vehicle, a [financial] financing statement of the type described in subsection 5 of NRS 104.9317 and shall file the [financial] financing statement with the Secretary of State on behalf of the consignor.

 


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ê2011 Statutes of Nevada, Page 814 (Chapter 177, SB 387)ê

 

and shall file the [financial] financing statement with the Secretary of State on behalf of the consignor. If a consignee has previously granted to a third party a security interest with an after-acquired property clause in the consignee’s inventory, the consignee additionally shall assist the consignor in sending an authenticated notification, as described in paragraph (b) of subsection 1 of NRS 104.9324, to each holder of a conflicting security interest. The consignee must not receive delivery of the off-highway vehicle until the consignee has:

           (1) Filed the financing statement with the Secretary of State; and

           (2) If applicable, assisted the consignor in sending an authenticated notification to each holder of a conflicting security interest.

     2.  Upon the sale or transfer of interest in the off-highway vehicle, the consignee shall forthwith:

     (a) Satisfy or cause to be satisfied all outstanding security interests in the off-highway vehicle; and

     (b) Satisfy the financial obligations due the consignor pursuant to the consignment contract.

     3.  Upon the receipt of money by delivery of cash, bank check or draft, or any other form of legal monetary exchange, or after any form of transfer of interest in an off-highway vehicle, the consignee shall notify the consignor that the money has been received or that a transfer of interest in the off-highway vehicle has occurred. Notification by the consignee to the consignor must be given in person or, in the absence of the consignor, by registered or certified mail addressed to the last address or residence of the consignor known to the consignee. The notification must be made within 3 business days after the date on which the money is received or the transfer of interest in the off-highway vehicle is made.

     4.  The provisions of this section do not apply to:

     (a) An executor;

     (b) An administrator;

     (c) A sheriff; or

     (d) Any other person who sells off-highway vehicles pursuant to the powers or duties granted to or imposed on him or her by specific statute.

     5.  Notwithstanding any provision of the Nevada Revised Statutes to the contrary, an off-highway vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer unless the operation of the off-highway vehicle is authorized by the express written consent of the consignor.

     6.  A consignee shall maintain a written log for each off-highway vehicle for which he or she has entered into a consignment contract. The written log must include:

     (a) The name and address, or place of residence, of the consignor;

     (b) A description of the off-highway vehicle consigned, including the year, make, model and unique vehicle identification [or] number, serial number or distinguishing number obtained pursuant to section 1 of this act of the off-highway vehicle;

     (c) The date on which the consignment contract is entered into;

     (d) The period that the off-highway vehicle is to be consigned;

     (e) The minimum agreed upon sales price for the off-highway vehicle;

     (f) The approximate amount of money due any lienholder or other person known to have an interest in the off-highway vehicle;

 


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ê2011 Statutes of Nevada, Page 815 (Chapter 177, SB 387)ê

 

     (g) If the off-highway vehicle is sold, the date on which the off-highway vehicle is sold;

     (h) The date that the money due the consignor and the lienholder was paid;

     (i) The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1; and

     (j) The signature of the consignor acknowledging that the terms of the consignment contract were fulfilled or terminated, as appropriate.

     7.  A person who:

     (a) Appropriates, diverts or otherwise converts to his or her own use money in a trust account opened pursuant to paragraph (a) of subsection 1 or otherwise subject to a consignment contract or agreement is guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition to any other penalty, order the person to pay restitution.

     (b) Violates paragraph (b) or (c) of subsection 1 is guilty of a misdemeanor. The court shall, in addition to any other penalty, order the person to pay restitution.

     (c) Violates any other provision of this section is guilty of a misdemeanor.

     Sec. 6.  1.  This act becomes effective:

     (a) Upon passage and approval for the purpose of adopting regulations.

     (b) On July 1, 2012, or 30 days after the date on which the Department of Motor Vehicles publishes on its website a statement indicating that it has completed the preparatory administrative tasks that are necessary to carry out the provisions of this act, whichever occurs first, for all other purposes.

     2.  This act expires by limitation on July 1, 2012, if the Interim Finance Committee has not issued a notice to the Department of Motor Vehicles pursuant to section 62.5 of chapter 504, Statutes of Nevada 2009, at page 3105, before that date.

________

 


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ê2011 Statutes of Nevada, Page 816ê

 

CHAPTER 178, AB 459

Assembly Bill No. 459–Committee on Judiciary

 

CHAPTER 178

 

[Approved: May 31, 2011]

 

AN ACT relating to gaming; revising the boundaries of the Las Vegas Boulevard gaming corridor; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that the Nevada Gaming Commission is prohibited from approving a nonrestricted license for an establishment in a county whose population is 400,000 or more (currently Clark County) unless the establishment is located in a gaming enterprise district, which is defined as “an area that has been approved by a county, city or town as suitable for operating an establishment that has been issued a nonrestricted license.” (NRS 463.0158, 463.308) If the location of a proposed establishment is within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone, but not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3084. (NRS 463.3082) However, if the location of a proposed establishment is not within the Las Vegas Boulevard gaming corridor or the rural Clark County gaming zone and not within an area already designated as a gaming enterprise district, the Commission is prohibited from approving a nonrestricted license for the proposed establishment unless the location of the proposed establishment is first designated a gaming enterprise district pursuant to the criteria set forth in NRS 463.3086, which contains certain additional requirements that are not contained in NRS 463.3084, such as the requirements that: (1) the property line of the proposed establishment must be not less than 500 feet from the property line of a developed residential district and not less than 1,500 feet from the property line of a public school, private school or structure used primarily for religious services or worship; and (2) a three-fourths vote of the governing body of the county, city or town is required for designation of the location as a gaming enterprise district. (NRS 463.3086)

       This bill revises the boundaries of the Las Vegas Boulevard gaming corridor to include certain new areas. Consequently, if a proposed establishment which is located in a new area of the Las Vegas Boulevard gaming corridor and which is not already in a gaming enterprise district were to seek to have the location designated as a gaming enterprise district, the determination of whether the location may be designated as a gaming enterprise district would be based upon the criteria set forth in NRS 463.3084, rather than the criteria set forth in NRS 463.3086.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 463.3076 is hereby amended to read as follows:

     463.3076  The location of a proposed establishment shall be deemed to be within the Las Vegas Boulevard gaming corridor if [the] :

 


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ê2011 Statutes of Nevada, Page 817 (Chapter 178, AB 459)ê

 

     1.  The property line of the proposed establishment:

     [1.] (a) Is within 1,500 feet of the centerline of Las Vegas Boulevard;

     [2.] (b) Is south of the intersection of Las Vegas Boulevard and that portion of St. Louis Avenue which is designated State Highway No. 605; and

     [3.] (c) Is adjacent to or north of the northern edge line of State Highway No. 146 [.] ; or

     2.  The property line of the proposed establishment is within the area beginning at the point of the southern edge line of Desert Inn Road that is 1,500 feet east of the centerline of Las Vegas Boulevard, then proceeding east to the western edge line of Paradise Road, then proceeding south to the northern edge line of Sands Avenue, then proceeding west to a point that is 1,500 feet east of the centerline of Las Vegas Boulevard.

________

CHAPTER 179, AB 478

Assembly Bill No. 478–Committee on Ways and Means

 

CHAPTER 179

 

[Approved: May 31, 2011]

 

AN ACT relating to the Nevada System of Higher Education; increasing the total principal amount of bonds and other securities that may be issued by the Board of Regents of the University of Nevada to finance certain projects at the University of Nevada, Reno; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Board of Regents of the University of Nevada to issue bonds and other securities to finance certain projects at the University of Nevada, Reno, in a total principal amount not exceeding $312,695,000. This bill increases the authorized amount of such bonds to $348,360,000.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 5 of chapter 501, Statutes of Nevada 1991, as last amended by chapter 307, Statutes of Nevada 2009, at page 1321, is hereby amended to read as follows:

      Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$312,695,000] $348,360,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding $422,155,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school;

 


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ê2011 Statutes of Nevada, Page 818 (Chapter 179, AB 478)ê

 

      (b) To issue such bonds and other securities in connection with the project in one series or more at any time or from time to time on or before January 1, 2029, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and

      (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act, except as otherwise expressly provided in this act.

      2.  If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.

      3.  This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

     Sec. 2.  This act becomes effective on July 1, 2011.

________

CHAPTER 180, AB 422

Assembly Bill No. 422–Assemblywoman Kirkpatrick

 

CHAPTER 180

 

[Approved: May 31, 2011]

 

AN ACT relating to water; providing specific authority for public bodies to lease water rights to certain owners or holders of water rights; revising provisions relating to the Program for the Management of Groundwater in the Las Vegas Valley Groundwater Basin; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill specifically authorizes a public body to lease a water right owned by the public body to an owner or holder of a water right who, as determined by the State Engineer, is exceeding the amount of water to which the owner or holder is entitled.

       The Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin is created in existing law to advise the Southern Nevada Water Authority concerning the Program for the Management of Groundwater in the Las Vegas Valley Groundwater Basin. (Sections 8, 9 and 12 of chapter 572, Statutes of Nevada 1997, p. 2799) Section 3 of this bill increases the term of an appointed member of the Advisory Committee from 2 years to 4 years. Section 4 of this bill revises the frequency of the meetings of the Advisory Committee from quarterly to annually. Section 5 of this bill revises the frequency of and responsibility for preparation of reports concerning the Program.

 


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ê2011 Statutes of Nevada, Page 819 (Chapter 180, AB 422)ê

 

       Under existing law, the Southern Nevada Water Authority is authorized to establish a program under which it may enter into an agreement with a property owner in the Basin for the abandonment or plugging of a well on the owner’s property or the connection of the property to a public water system. (Section 14.3 of chapter 468, Statutes of Nevada 1999, p. 2386) Section 6 of this bill makes the mandatory provisions in existing law for such an agreement discretionary and authorizes the inclusion of other provisions in such an agreement that are reasonably necessary to carry out the purposes and intent of the program.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A public body may lease a water right owned by the public body to an owner or holder of a water right who, as determined by the State Engineer, is exceeding the amount of water to which the owner or holder is entitled.

     2.  As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions. The term includes, without limitation, a water district organized pursuant to a special act of the Legislature or a water authority organized as a political subdivision created by a cooperative agreement or created by a special act of the Legislature.

     Sec. 2.  NRS 533.550 is hereby amended to read as follows:

     533.550  1.  Notwithstanding any other provision of law [,] and except as otherwise provided in section 1 of this act, a public body shall not sell or lease for a term of more than 5 years a water right owned by the public body unless the public body, after holding at least one public hearing at which public comment was solicited, has issued written findings that:

     (a) The sale or lease of the water right is consistent with the prudent, long-term management of the water resources within the jurisdiction of the public body;

     (b) The sale or lease of the water right will not deprive residents and businesses within the jurisdiction of the public body of reasonable access to water resources for growth and development;

     (c) The sale or lease of the water right is a reasonable means of promoting development and use of the water right; and

     (d) The means by which the water right is sold or leased reasonably ensures that the public body will receive the actual value of the water right or comparable economic benefits.

     2.  As used in this section, “public body” means the State or a county, city, town, school district or any public agency of this State or its political subdivisions. The term does not include a water district organized pursuant to a special act of the Legislature or a water authority organized as a political subdivision created by a cooperative agreement or created by a special act of the Legislature.

 


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ê2011 Statutes of Nevada, Page 820 (Chapter 180, AB 422)ê

 

     Sec. 3.  Section 8 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, at page 2800, is hereby amended to read as follows:

      Sec. 8.  1.  The Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin is hereby created. The Advisory Committee consists of:

      (a) Seven members to be appointed by the Board of Directors, including:

           (1) Two persons who own and operate domestic wells located in the Basin;

           (2) One representative of an organization that owns and operates a quasi-municipal well located in the Basin;

           (3) One representative of an industrial or commercial user of groundwater which is located in the Basin;

           (4) One representative of a private water company which operates in the Basin;

           (5) One consumer whose water service is provided entirely by a municipal water purveyor which is located in the Basin; and

           (6) One representative of a municipal water purveyor that owns and operates wells located in the Basin;

      (b) The State Engineer, or a designated representative of the State Engineer, who is an ex officio nonvoting member of the Advisory Committee; and

      (c) The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, or a designated representative of the Administrator, who is an ex officio nonvoting member of the Advisory Committee.

      2.  Members of the Advisory Committee serve without compensation, except that while engaged in the business of the Advisory Committee, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, to be paid by the Southern Nevada Water Authority.

      3.  After the initial term, the term of each appointed member is [2] 4 years. Members may be reappointed. At the expiration of the term of a member, or if a member resigns or is otherwise unable to complete his or her term, the Board of Directors shall, not later than 90 days after the vacancy occurs, appoint a person pursuant to subsection 4 to fill the vacancy.

      4.  In replacing a member described in:

      (a) Subparagraph (1), (2) or (3) of paragraph (a) of subsection 1, the Board of Directors shall consider recommendations solicited from a representative sampling of owners of domestic wells, persons and organizations associated with quasi-municipal wells, and industrial and commercial users of groundwater, respectively.

      (b) Subparagraph (4), (5) or (6) of paragraph (a) of subsection 1, the Board of Directors shall consider recommendations solicited from the various entities that comprise the Southern Nevada Water Authority.

 


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ê2011 Statutes of Nevada, Page 821 (Chapter 180, AB 422)ê

 

     Sec. 4.  Section 9 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, at page 2800, is hereby amended to read as follows:

      Sec. 9.  [1.]  The Advisory Committee shall meet at least once every [3 months.

      2.  The Advisory Committee shall elect from its members a Chair who shall serve for a term of 2 years. Any vacancy occurring in the office of Chair must be filled by majority vote of the members of the Advisory Committee for the remainder of the unexpired term.] year.

     Sec. 5.  Section 12 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, at page 2801, is hereby amended to read as follows:

      Sec. 12.  [1.  On or before December 31 of each year, the Southern Nevada Water Authority shall prepare a summary report which describes the activities of the Management Program and the Advisory Committee during the preceding calendar year.

      2.]  On or before December 31 of each even-numbered year, the Southern Nevada Water Authority [and the Advisory Committee] shall prepare a [joint] report and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature. The [joint] report must include, without limitation:

      [(a)] 1.  A summary of all of the activities, studies and research conducted on behalf of the Management Program during the previous 2 calendar years;

      [(b)] 2.  A detailed assessment of the joint public workshops conducted by the Southern Nevada Water Authority and the Advisory Committee during the previous 2 calendar years, including documentation of the comments made on the record by the members of the general public who attended the workshops;

      [(c)] 3.  A statement of income and expenditures related to the Management Program; and

      [(d)] 4.  An assessment from the Advisory Committee concerning the status of the groundwater in the Basin and the activities related to the management of the Basin, including any recommendations concerning:

           [(1)] (a) Whether activities, fees and other aspects of the Management Program should be continued, modified or terminated; and

           [(2)] (b) Plans for additional activities for the management of groundwater in the Basin, and for the protection of the aquifer in which the Basin is located.

     Sec. 6.  Section 14.3 of the Southern Nevada Water Authority Act, being chapter 468, Statutes of Nevada 1999, at page 2386, is hereby amended to read as follows:

      Sec. 14.3.  1.  The Southern Nevada Water Authority may, in consultation with the Advisory Committee, establish a program under which it may enter into an agreement with an owner of real property located in the Basin to:

      (a) Abandon or plug a well located on the real property;

      (b) Install pipes and other appurtenances to deliver water to the real property; and

 


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ê2011 Statutes of Nevada, Page 822 (Chapter 180, AB 422)ê

 

      (c) Pay fees related to the connection of the property to a public water system.

      2.  An agreement entered into pursuant to subsection 1 [must:] may:

      (a) Provide for the repayment, over time, to the Southern Nevada Water Authority by the owner of the real property all money expended by the Southern Nevada Water Authority pursuant to the agreement;

      (b) Provide that all money to be repaid to the Southern Nevada Water Authority pursuant to the agreement be due and payable upon the sale or other transfer of the real property;

      (c) Be secured by a lien upon the real property; [and]

      (d) Be acknowledged and recorded in the same manner as conveyances affecting real property are required to be acknowledged and recorded pursuant to chapter 111 of NRS [.] ; and

      (e) Include any other provision that is reasonably necessary to carry out the purposes and intent of the program established pursuant to subsection 1.

      3.  An abandonment or plugging of a well pursuant to an agreement entered into pursuant to subsection 1 must be conducted in a manner approved by the State Engineer.

      4.  As used in this section, “public water system” has the meaning ascribed to it in NRS 445A.840.

     Sec. 7.  This act becomes effective on July 1, 2011.

________

CHAPTER 181, AB 477

Assembly Bill No. 477–Committee on Ways and Means

 

CHAPTER 181

 

[Approved: May 31, 2011]

 

AN ACT relating to the Public Employees’ Retirement System; revising provisions relating to the administration of the System; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Public Employees’ Retirement System is required to establish rules and regulations for transacting its business and for administering the System, subject to any limitations imposed by existing law. Such rules are required to include rules relating to the administration of retirement plans in accordance with federal law. (NRS 286.200) To ensure compliance with federal tax law, this bill eliminates references to the 1991 versions of several sections of the Internal Revenue Code. Thus, the current versions of those Internal Revenue Code provisions would apply where referenced in relation to the administration of the System.

 


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ê2011 Statutes of Nevada, Page 823 (Chapter 181, AB 477)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 286.533 is hereby amended to read as follows:

     286.533  Notwithstanding any other provision of law, every distribution to a member must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code , [(] 26 U.S.C. § 401(a)(9) , [), as that section existed on July 5, 1991,] that apply to governmental plans.

     Sec. 2.  NRS 286.539 is hereby amended to read as follows:

     286.539  Forfeitures must not be applied to increase the benefits any member would otherwise receive pursuant to the provisions governing the System as provided by section 401(a)(8) of the Internal Revenue Code , [(] 26 U.S.C. § 401(a)(8) . [), as that section existed on July 5, 1991.]

     Sec. 3.  NRS 218C.520 is hereby amended to read as follows:

     218C.520  Notwithstanding any other provision of law, every distribution to a member of the Legislators’ Retirement System must be made pursuant to the provisions of section 401(a)(9) of the Internal Revenue Code , [(] 26 U.S.C. § 401(a)(9) , [), as that section existed on July 5, 1991,] that apply to governmental plans.

     Sec. 4.  NRS 218C.530 is hereby amended to read as follows:

     218C.530  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the Legislators’ Retirement System must not exceed the limitation provided by section 401(a)(17) of the Internal Revenue Code , [(] 26 U.S.C. § 401(a)(17) . [), as that section existed on July 5, 1991.]

     Sec. 5.  NRS 218C.560 is hereby amended to read as follows:

     218C.560  Forfeitures must not be applied to increase the benefits any member would otherwise receive pursuant to the provisions governing the Legislators’ Retirement System as provided by section 401(a)(8) of the Internal Revenue Code , [(] 26 U.S.C. § 401(a)(8) . [), as that section existed on July 5, 1991.]

     Sec. 6.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 824ê

 

CHAPTER 182, AB 170

Assembly Bill No. 170–Assemblymen Pierce, Ohrenschall, Anderson; Aizley, Benitez-Thompson, Bustamante Adams, Flores, Kirkpatrick, Mastroluca, Neal and Smith

 

CHAPTER 182

 

[Approved: May 31, 2011]

 

AN ACT relating to public health; requiring each retail establishment in which cigarettes are sold or offered for sale to post a sign regarding the dangers of smoking tobacco during pregnancy; providing a civil penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires food establishments in which alcoholic beverages are sold for consumption on the premises to post at least one sign in a location conspicuous to the patrons of the establishment regarding the dangers of drinking alcoholic beverages during pregnancy. (NRS 446.842) Existing law also requires the owner of a retail establishment in which cigarettes or smokeless tobacco products are sold or offered for sale to display prominently at the point of sale a notice indicating that the sale of cigarettes and other tobacco products to minors is prohibited by law and that the retailer may ask for proof of age to comply with the prohibition. (NRS 202.2493)

       This bill requires each retail establishment in which cigarettes are sold or offered for sale to post at least one sign regarding the dangers of smoking tobacco during pregnancy in a location conspicuous to the patrons of the establishment. A person who fails to post the sign is subject to a civil fine of not more than $100.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 442 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Each retail establishment in which cigarettes are sold or offered for sale shall post at least one sign that meets the requirements of this section in a location conspicuous to the patrons of the establishment. The contents of the warning may be included on any other sign which the retail establishment is required to post in a location conspicuous to the patrons of the establishment.

     2.  Each sign required by subsection 1 must be not less than 8 by 5 1/2 inches in size and must contain a notice in boldface type that is clearly legible and, except as otherwise provided in subsection 4, is in substantially the following form:

 

HEALTH WARNING

Smoking tobacco during pregnancy can cause birth defects, premature birth and low birth weight.

 

¡ADVERTENCIA!

Fumar tabaco durante el embarazo puede causar daño a su bebé al nacer, que nazca prematuro y que nazca bajo de peso.

 


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ê2011 Statutes of Nevada, Page 825 (Chapter 182, AB 170)ê

 

     3.  The letters in the words “HEALTH WARNING” and “¡ADVERTENCIA!” in the sign must be written in not less than 28-point type, and the letters in all other words in the sign must be written in not less than 24-point type.

     4.  The Health Division may provide by regulation for one or more alternative forms for the language of the warning to be included on the signs required by subsection 1 to increase the effectiveness of the signs. Each alternative form must contain substantially the same message as is stated in subsection 2. The Health Division and the local boards of health may solicit and accept donations of signs that satisfy the requirements of this section from a nonprofit organization or any other source. To the extent that such signs are donated, the Health Division or the local boards of health, as applicable, shall distribute the signs upon request to retail establishments that are required to post such signs.

     Sec. 2.  NRS 202.2493 is hereby amended to read as follows:

     202.2493  1.  A person shall not sell, distribute or offer to sell cigarettes or smokeless products made from tobacco in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100.

     2.  Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description or products made from tobacco to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.

     3.  A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description or products made from tobacco, the person:

     (a) Demands that the other person present a valid driver’s license or other written or documentary evidence which shows that the other person is 18 years of age or older;

     (b) Is presented a valid driver’s license or other written or documentary evidence which shows that the other person is 18 years of age or older; and

     (c) Reasonably relies upon the driver’s license or written or documentary evidence presented by the other person.

     4.  The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made from tobacco in the course of the child’s lawful employment, provide tobacco or products made from tobacco to the child.

     5.  With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:

     (a) Had no actual knowledge of the sale; and

     (b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.

     6.  The owner of a retail establishment shall, whenever any product made from tobacco is being sold or offered for sale at the establishment, display prominently at the point of sale [a] :

 


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ê2011 Statutes of Nevada, Page 826 (Chapter 182, AB 170)ê

 

     (a) A notice indicating that:

     [(a)] (1) The sale of cigarettes and other tobacco products to minors is prohibited by law; and

     [(b)] (2) The retailer may ask for proof of age to comply with this prohibition [.] ; and

     (b) At least one sign that complies with the requirements of section 1 of this act.

Ê A person who violates this subsection shall be punished by a fine of not more than $100.

     7.  It is unlawful for any retailer to sell cigarettes through the use of any type of display:

     (a) Which contains cigarettes and is located in any area to which customers are allowed access; and

     (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,

Ê except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.

     8.  Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.

________

CHAPTER 183, AB 551

Assembly Bill No. 551–Committee on Ways and Means

 

CHAPTER 183

 

[Approved: May 31, 2011]

 

AN ACT relating to education; requiring the board of trustees of each school district in this State to assess the feasibility of sharing services, functions and personnel with other school districts of this State; requiring the Committee on Local Government Finance to adopt certain regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill requires the board of trustees of each school district in this State to determine whether consolidating or sharing services, functions or personnel with other school districts is feasible. This bill authorizes the board of trustees of each school district in this State to develop a cost-effective and efficient method for the sharing of services, functions or personnel. This bill also authorizes a school district to join in the contract of another school district with which it has entered into an agreement for the sharing of services, functions or personnel. This bill further requires the Committee on Local Government Finance to adopt regulations to assist the boards of trustees in consolidating or sharing services, functions or personnel.

 


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ê2011 Statutes of Nevada, Page 827 (Chapter 183, AB 551)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The board of trustees of each school district in this State shall determine whether any services, functions or personnel may be feasibly consolidated or shared with one or more other school districts in this State. Services, functions or personnel that the board of trustees may consolidate or share with another school district include, without limitation:

     (a) Purchasing;

     (b) Accounting;

     (c) Recruiting;

     (d) Transportation;

     (e) Chief financial officer;

     (f) Human resources director; and

     (g) Superintendent of schools.

     2.  Based on the determination made pursuant to subsection 1, the board of trustees may consolidate or share any service, function or personnel with another school district. Nothing in this section requires a board of trustees of a school district to enter into a cooperative agreement for the consolidation or sharing of services, functions or personnel with one or more school districts. The board of trustees may establish any cost-effective and efficient method for the sharing or consolidation of services or personnel.

     3.  If the board of trustees enters into an agreement with one or more school districts for the consolidation or sharing of services, functions or personnel, the board of trustees may join in any applicable contracts of the other school district.

     4.  The Committee on Local Government Finance created pursuant to NRS 354.105 shall adopt such regulations that are necessary or proper to assist the boards of trustees in carrying out the provisions of this section. Such regulations must include, without limitation:

     (a) Procedures and guidelines for how boards of trustees may efficiently and effectively consolidate or share services, functions and personnel with other school districts. Such procedures and guidelines should provide direction to the boards of trustees on ways to prepare contracts or other agreements necessary to implement the provisions of this section.

     (b) In the case of sharing personnel with other school districts, procedures for sharing the costs of the payment of premiums or contributions for employee benefits, including, without limitation, retirement, life insurance and health benefits.

     Sec. 2.  On or before July 1, 2012, and on or before July 1, 2013, the board of trustees of each school district in the State shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature and the Interim Finance Committee. The report must include, without limitation:

 


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ê2011 Statutes of Nevada, Page 828 (Chapter 183, AB 551)ê

 

     1.  An explanation of the board of trustees’ determination made pursuant to section 1 of this act regarding the feasibility of consolidating or sharing services, functions or personnel with other school districts.

     2.  If the board of trustees:

     (a) Consolidated or shared any service, function or personnel pursuant to section 1 of this act, an explanation of the impact and cost savings, if any, that the consolidation or sharing has had on the school district.

     (b) Has not consolidated or shared any service, function or personnel pursuant to section 1 of this act, an explanation of why the board of trustees determined that such consolidation or sharing is not in the best interests of the school district.

     Sec. 3.  The Committee on Local Government Finance created pursuant to NRS 354.105 shall, before July 1, 2011, adopt the regulations required by section 1 of this act.

     Sec. 4.  This act becomes effective:

     1.  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 this act; and

     2.  On July 1, 2011, for all other purposes.

________

CHAPTER 184, SB 245

Senate Bill No. 245–Senators Parks, Manendo, Copening; and Denis (by request)

 

Joint Sponsor: Assemblyman Anderson

 

CHAPTER 184

 

[Approved: May 31, 2011]

 

AN ACT relating to older persons; creating the Statewide Alert System for the Safe Return of Missing Endangered Older Persons; requiring the Department of Public Safety to administer and adopt regulations for the System; prescribing the circumstances under which a law enforcement agency may activate the System; providing immunity from civil liability for certain persons who disseminate certain information pursuant to a notification of activation of the System; providing immunity from civil liability for certain persons who enter into agreements with the Department to establish or maintain an Internet website for the System; providing that a person who intentionally makes certain false or misleading statements to cause activation of the System is guilty of a category E felony; providing a penalty; and providing other matters properly relating thereto.

 


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ê2011 Statutes of Nevada, Page 829 (Chapter 184, SB 245)ê

 

Legislative Counsel’s Digest:

       Section 7 of this bill creates the Statewide Alert System for the Safe Return of Missing Endangered Older Persons, which is composed of a voluntary partnership among the Department of Public Safety, the Department of Transportation, state and local law enforcement agencies, media outlets and other public and private organizations to assist in the search for and safe return of missing endangered older persons. Section 7 requires the Department of Public Safety to administer the System. Section 5 of this bill defines the term “missing endangered older person” for the purposes of the System to mean a person who is 60 years of age or older whose whereabouts are unknown and: (1) who has been diagnosed with a medical or mental health condition that places the person in danger of serious physical harm or death; or (2) who is missing under suspicious or unexplained circumstances that place the person in danger of serious physical harm or death. Section 8 of this bill requires the Department of Public Safety to: (1) adopt regulations governing the operation of the System; (2) develop a plan for carrying out the System which sets forth the components of the System; (3) oversee the System; (4) supervise and evaluate any training associated with the System; (5) monitor, review and evaluate the activations of the System for compliance with the provisions of this bill; and (6) conduct periodic tests of the System. Section 9 of this bill prescribes the circumstances under which a law enforcement agency may activate the System. Section 10 of this bill provides immunity from civil liability for a media outlet or a public or private organization that participates in the System and any person working for the media outlet or public or private organization who disseminates certain information pursuant to a notification of activation of the System and for a person who enters into an agreement with the Department of Public Safety to establish or maintain a website for the System if the agreement provides that only the law enforcement agency activating the System has the authority or ability to place information on the website.

       Existing law provides that a person who intentionally makes any false or misleading statement to cause the activation of the “Amber Alert” system is guilty of a category E felony. (NRS 207.285) Section 11 of this bill provides the same penalty for a person who intentionally makes any false or misleading statement to cause the activation of the System created by this bill.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

     Sec. 2.  As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  “Department” means the Department of Public Safety.

     Sec. 4.5.  “Media outlet” means a company or other similar entity that transmits news, feature stories, entertainment or other information to the public through various distribution channels, including, without limitation, newspapers, magazines, radio, broadcast, cable and satellite television and electronic media.

     Sec. 5.  “Missing endangered older person” means a person who is 60 years of age or older whose whereabouts are unknown and who:

     1.  Has been diagnosed with a medical or mental health condition that places the person in danger of serious physical harm or death; or

     2.  Is missing under suspicious or unexplained circumstances that place the person in danger of serious physical harm or death.

 


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ê2011 Statutes of Nevada, Page 830 (Chapter 184, SB 245)ê

 

     Sec. 6.  “System” means the Statewide Alert System for the Safe Return of Missing Endangered Older Persons created by section 7 of this act.

     Sec. 7.  1.  There is hereby created the Statewide Alert System for the Safe Return of Missing Endangered Older Persons, which is composed of a voluntary partnership among the Department of Public Safety, the Department of Transportation, state law enforcement agencies, local law enforcement agencies, media outlets and other public or private organizations to assist in the search for and safe return of missing endangered older persons. The Department of Public Safety shall administer the System within the limits of available money.

     2.  Each law enforcement agency, media outlet and public or private organization that chooses to participate in the System shall comply with the provisions of sections 2 to 10, inclusive, of this act and any requirements prescribed by the Department for participation in the System.

     3.  Each law enforcement agency that chooses to participate in the System shall:

     (a) Adopt a written policy concerning activation of the System by the agency that is consistent with the provisions of sections 2 to 10, inclusive, of this act and the regulations adopted by the Department pursuant to section 8 of this act; and

     (b) Submit a copy of the written policy to the Department.

     Sec. 8.  1.  The Department shall:

     (a) Develop a plan for carrying out the System which includes the components of the System;

     (b) Oversee the System;

     (c) Supervise and evaluate any training associated with the System;

     (d) Monitor, review and evaluate the activations of the System to determine whether such activations complied with the provisions of sections 2 to 10, inclusive, of this act; and

     (e) Conduct periodic tests of the System.

     2.  The Department may:

     (a) Dedicate the System to one or more persons;

     (b) Establish a name for the System that is in addition to the definition set forth in section 6 of this act;

     (c) Identify and apply for federal funding available to carry out the provisions of sections 2 to 10, inclusive, of this act; and

     (d) Accept gifts, grants and donations for use in carrying out the provisions of sections 2 to 10, inclusive, of this act.

     3.  The Department shall, in consultation with representatives of the Department of Transportation, the Nevada Sheriffs’ and Chiefs’ Association, the Nevada Broadcasters Association, media outlets that participate in the System and any other public or private organization that participates in the System, adopt regulations to carry out the provisions of sections 2 to 10, inclusive, of this act.

     Sec. 9.  1.  A law enforcement agency which has jurisdiction over the investigation of a missing endangered older person may activate the System to disseminate a notice on behalf of the missing endangered older person if the law enforcement agency has:

     (a) Confirmed that the whereabouts of the missing endangered older person are unknown;

     (b) Confirmed either that the missing endangered older person:

 


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ê2011 Statutes of Nevada, Page 831 (Chapter 184, SB 245)ê

 

           (1) Has been diagnosed with a medical or mental health condition that places the missing endangered older person in danger of serious physical harm or death; or

           (2) Is missing under suspicious or unexplained circumstances that place the person in danger of serious physical harm or death; and

     (c) Received sufficient descriptive information about the missing endangered older person or other pertinent information to warrant dissemination of the information.

     2.  Before activation of the System on behalf of a missing endangered older person, the law enforcement agency shall determine whether the dissemination of information will encompass:

     (a) A particular neighborhood, city, county, region or state; or

     (b) More than one neighborhood, city, county, region or state.

     3.  A law enforcement agency is not required to obtain the prior consent of the Department before activating the System, but the Department may review an activation of the System after the activation is complete.

     4.  A law enforcement agency that activates the System shall notify the Department and all participating members of the System upon cancellation of the activation and shall report the final disposition of the search for the missing endangered older person to the Department.

     Sec. 10.  1.  If a media outlet or any other public or private organization that participates in the System receives a notification of activation of the System by a law enforcement agency concerning a missing endangered older person and as a result of that notification disseminates descriptive information concerning the missing endangered older person and other information contained in the notification to assist with the safe return of the missing endangered older person, the media outlet, public or private organization and any person working for the media outlet or public or private organization is immune from civil liability based upon the dissemination of that information.

     2.  If a person enters into an agreement with the Department to establish or maintain an Internet website for the System and the agreement provides that only the law enforcement agency activating the System has the authority or ability to place information on the website, the person who establishes or maintains the Internet website is immune from civil liability in any action based upon the information that is placed on the Internet website by the authorized law enforcement agency.

     Sec. 11.  NRS 207.285 is hereby amended to read as follows:

     207.285  1.  A person who intentionally makes any false or misleading statement, including, without limitation, any statement that conceals facts, omits facts or contains false or misleading information concerning any material fact, to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Department of Public Safety to cause the [System] Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340 or the Statewide Alert System for the Safe Return of Missing Endangered Older Persons created by section 7 of this act to be activated is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     2.  The Attorney General or the district attorney of the county in which a person made a false or misleading statement may investigate and prosecute any violation of the provisions of this section.

 


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ê2011 Statutes of Nevada, Page 832 (Chapter 184, SB 245)ê

 

     [3.  As used in this section, “System” means the Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340.]

     Sec. 12.  The Department of Public Safety shall adopt the regulations required by section 8 of this act on or before December 31, 2011.

     Sec. 13.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2012, for all other purposes.

________

CHAPTER 185, SB 17

Senate Bill No. 17–Senator Wiener

 

CHAPTER 185

 

[Approved: May 31, 2011]

 

AN ACT relating to drugs; authorizing an owner of an animal to donate certain drugs for reissuance by licensed veterinarians; establishing certain requirements for the reissuance of those drugs for certain animals; authorizing the Nevada State Board of Veterinary Medical Examiners to adopt regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes 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 for reissuance by a nonprofit pharmacy. (NRS 433.801, 449.2485, 639.2675, 639.2676) Section 1 of this bill is modeled in part on those provisions and authorizes an owner of an animal to donate to a licensed veterinarian or a facility in which veterinary medicine is practiced certain drugs dispensed for, but not used by, the animal. Section 1 also: (1) authorizes the licensed veterinarian to reissue the drug free of charge for certain animals; (2) provides immunity from certain civil and criminal liability to a person who, or a facility or agency in which veterinary medicine is practiced that, exercises reasonable care in the donation, acceptance, distribution or dispensation of a drug pursuant to section 1; (3) provides a similar immunity for a manufacturer of a drug that is donated, accepted, distributed or dispensed pursuant to section 1; and (4) authorizes the Nevada State Board of Veterinary Medical Examiners to adopt regulations to carry out the provisions of section 1.

       Existing law, with certain exceptions, authorizes a person to return certain ampules or vials of drugs which do not require refrigeration only to the pharmacy which dispensed the ampules or vials. (NRS 639.267) Section 2 of this bill adds a specific exception to this provision for a person who donates such an ampule or a vial pursuant to section 1 to a licensed veterinarian or a facility in which veterinary medicine is practiced.

       Under existing law, it is unlawful for a person to possess or have under his or her control for the purpose of dispensing or giving away certain drugs, including, without limitation, drugs which have been dispensed pursuant to a prescription or chart order and have left the control of a registered pharmacist or practitioner. (NRS 639.282) Section 3 of this bill provides a specific exception to those provisions for a person who possesses or otherwise has control of a drug for purposes of section 1.

 


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ê2011 Statutes of Nevada, Page 833 (Chapter 185, SB 17)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 638 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  An owner of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian or a facility in which veterinary medicine is practiced if the licensed veterinarian or facility chooses to accept the drug.

     2.  Except as otherwise provided in subsection 9, a licensed veterinarian may reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian free of charge for an animal if:

     (a) The licensed veterinarian determines that the owner of the animal is eligible for the reissuance of the drug based on economic need;

     (b) The licensed veterinarian determines that the drug is suitable for that purpose;

     (c) The drug was originally dispensed by a licensed veterinarian, a facility in which veterinary medicine is practiced which is licensed pursuant to NRS 638.132, a pharmacy licensed pursuant to chapter 639 of NRS or an Internet pharmacy that is accredited through the National Association of Boards of Pharmacy’s Veterinary-Verified Internet Pharmacy Practice Sites program or its successor;

     (d) The drug is not a controlled substance;

     (e) The drug is not a compounded drug;

     (f) Except as otherwise provided in subsection 3, the drug does not require refrigeration;

     (g) Except as otherwise provided in subsection 4, the drug is not in a liquid form;

     (h) The usefulness of the drug has not expired;

     (i) The packaging or bottle contains the expiration date of the usefulness of the drug; and

     (j) The name of the animal and the name of the owner of the animal for which the drug was originally dispensed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the reissuance of the drug.

     3.  For the purposes of paragraph (f) of subsection 2, the drug may be donated if refrigeration of the drug is required only after opening and the drug is unopened when donated.

     4.  For the purposes of paragraph (g) of subsection 2, the drug may be donated if it is in a liquid form and is packaged in a single dose in an ampule or vial.

     5.  A licensed veterinarian or other person who, or a facility or agency in which veterinary medicine is practiced that, exercises reasonable care in the donation, acceptance, distribution or dispensation of a drug in accordance with the provisions of this section and any 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 donation, acceptance, distribution or dispensation of the drug.

 


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ê2011 Statutes of Nevada, Page 834 (Chapter 185, SB 17)ê

 

     6.  A manufacturer of a drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the drug pursuant to this section and any regulations adopted pursuant thereto.

     7.  A licensed veterinarian shall not sell or resell any drug accepted pursuant to this section.

     8.  A licensed veterinarian shall:

     (a) Identify and maintain separately from other stock any drug accepted pursuant to this section; and

     (b) Make a record of each drug accepted pursuant to this section that includes, without limitation:

           (1) The date on which the drug was donated;

           (2) The name of the person who donated the drug;

           (3) The expiration date of the drug; and

           (4) If the drug expires while in the custody of the licensed veterinarian and the drug is destroyed, the date on which the drug was destroyed.

Ê The record must be maintained for not less than 4 years.

     9.  A licensed veterinarian may not reissue a drug accepted pursuant to this section to fill other prescriptions dispensed by the licensed veterinarian for an animal if the animal is raised to produce food for human consumption or the animal is ordinarily consumed by animals that are raised to produce food for human consumption.

     10.  The Board may 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, including, without limitation, requirements that provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted before being reissued.

     (b) Requirements for accepting drugs donated to a licensed veterinarian or facility in which veterinary medicine is practiced pursuant to this section.

     (c) Requirements for maintaining records relating to the acceptance and use of drugs to fill other prescriptions pursuant to this section.

     11.  As used in this section, “Internet pharmacy” has the meaning ascribed to it in NRS 639.00865.

     Sec. 2.  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, 639.2675 and 639.2676, and section 1 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.

 


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ê2011 Statutes of Nevada, Page 835 (Chapter 185, SB 17)ê

 

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. 3.  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, 639.2675 and 639.2676, and section 1 of this act, it is unlawful for any person to have in his or her possession, or under his or her 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 or her 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.

     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. 4.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2011, for all other purposes.

________

 


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ê2011 Statutes of Nevada, Page 836ê

 

CHAPTER 186, SB 209

Senate Bill No. 209–Committee on Health and Human Services

 

CHAPTER 186

 

[Approved: June 1, 2011]

 

AN ACT relating to public health; requiring certain reports relating to sentinel events to be made available to the public; revising provisions relating to the use and release of certain information submitted to the Internet-based surveillance system established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain medical facilities to submit to the Health Division of the Department of Health and Human Services reports of sentinel events. (NRS 439.835) The term “sentinel event” is defined for the purposes of these reports to mean an unexpected occurrence involving facility-acquired infection, death or serious physical or psychological injury or the risk thereof. (NRS 439.830) The Health Division is required to prepare annual reports concerning those reports which were submitted by medical facilities located in a county whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 439.840) Section 1 of this bill requires the Health Division to make those annual reports available on the Department’s website.

       Existing law requires medical facilities which provide care to 25 or more patients per day to submit information to the Internet-based surveillance system established and maintained by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and requires the Health Division to analyze that information. (NRS 439.847) Section 2 of this bill requires the Health Division to report that information publicly in a format which allows comparisons of medical facilities.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 439.840 is hereby amended to read as follows:

     439.840  1.  The Health Division shall:

     (a) Collect and maintain reports received pursuant to NRS 439.835 and 439.843 and any additional information requested by the Health Division pursuant to NRS 439.841;

     (b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access;

     (c) Annually prepare a report of sentinel events reported pursuant to NRS 439.835 by a medical facility located in a county whose population is 100,000 or more, including, without limitation, the type of event, the number of events and the medical facility which reported the event [;] , and provide the report for inclusion on the Internet website maintained pursuant to NRS 439A.270; and

     (d) Annually prepare a summary of the reports received pursuant to NRS 439.835 and provide a summary for inclusion on the Internet website maintained pursuant to NRS 439A.270.

 


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ê2011 Statutes of Nevada, Page 837 (Chapter 186, SB 209)ê

 

maintained pursuant to NRS 439A.270. The Health Division shall maintain the confidentiality of the reports submitted pursuant to NRS 439.835 when preparing the annual summary pursuant to this paragraph.

     2.  Except as otherwise provided in this section and NRS 239.0115, reports received pursuant to NRS 439.835 and subsection 1 of NRS 439.843 and any additional information requested by the Health Division pursuant to NRS 439.841 are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

     Sec. 2.  NRS 439.847 is hereby amended to read as follows:

     439.847  1.  Each medical facility which provided medical services and care to an average of 25 or more patients during each business day in the immediately preceding calendar year shall, within 120 days after becoming eligible, participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems. As part of that participation, the medical facility shall provide, at a minimum, the information required by the Health Division pursuant to this subsection. The Health Division shall by regulation prescribe the information which must be provided by a medical facility, including, without limitation, information relating to infections and procedures.

     2.  Each medical facility which provided medical services and care to an average of less than 25 patients during each business day in the immediately preceding calendar year may participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems.

     3.  A medical facility that participates in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion shall [authorize] :

     (a) Authorize the Health Division to access all information submitted to the system [, and the Health Division shall enter into an agreement with the Division of Healthcare Quality Promotion to carry out the provisions of this section.] ; and

     (b) Provide consent for the Health Division to include information submitted to the system in the reports posted pursuant to paragraph (b) of subsection 4, including, without limitation, permission to identify the medical facility that is the subject of each report.

     4.  The Health Division shall [analyze] :

     (a) Analyze the information submitted to the system by medical facilities pursuant to this section and recommend regulations and legislation relating to the reporting required pursuant to NRS 439.800 to 439.890, inclusive.

     (b) Annually prepare a report of the information submitted to the system by each medical facility pursuant to this section and provide the reports for inclusion on the Internet website maintained pursuant to NRS 439A.270. The information must be reported in a manner that allows a person to compare the information for the medical facilities.

     (c) Enter into an agreement with the Division of Healthcare Quality Promotion to carry out the provisions of this section.

 


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ê2011 Statutes of Nevada, Page 838 (Chapter 186, SB 209)ê

 

     Sec. 3.  NRS 439A.270 is hereby amended to read as follows:

     439A.270  1.  The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240. The information must:

     (a) Include, for each hospital in this State, the total number of patients discharged, the average length of stay and the average billed charges, reported for the 50 most frequent diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers;

     (b) Include, for each surgical center for ambulatory patients in this State, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers;

     (c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:

           (1) Geographic location of each hospital;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:

           (1) Geographic location of each surgical center for ambulatory patients;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (e) Be presented in a manner that allows a person to view and compare the information separately for:

           (1) The inpatients and outpatients of each hospital; and

           (2) The outpatients of each surgical center for ambulatory patients;

     (f) Be readily accessible and understandable by a member of the general public;

     (g) Include the reports of sentinel events prepared for each medical facility pursuant to paragraph (c) of subsection 1 of NRS 439.840;

     (h) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (d) of subsection 1 of NRS 439.840; [and

     (h)] (i) Include the reports of information prepared for each medical facility pursuant to paragraph (b) of subsection 4 of NRS 439.847; and

     (j) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:

           (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     2.  The Department shall:

     (a) Publicize the availability of the Internet website;

     (b) Update the information contained on the Internet website at least quarterly;

     (c) Ensure that the information contained on the Internet website is accurate and reliable;

 


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     (d) Ensure that the information contained on the Internet website is aggregated so as not to reveal the identity of a specific inpatient or outpatient of a hospital;

     (e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;

     (f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

     (g) Upon request, make the information that is contained on the Internet website available in printed form.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

     Sec. 4.  This act becomes effective on July 1, 2011.

________

CHAPTER 187, SB 58

Senate Bill No. 58–Committee on Commerce, Labor and Energy

 

CHAPTER 187

 

[Approved: June 1, 2011]

 

AN ACT relating to industrial insurance; providing for the punishment of an employer who knowingly misrepresents or conceals a material fact relating to a person’s eligibility for industrial insurance benefits; granting certain immunities to persons who disclose information relating to such an employer; directing the Administrator of the Division of Industrial Relations of the Department of Business and Industry and the Fraud Control Unit for Industrial Insurance of the Office of the Attorney General to establish procedures concerning the reporting, notification of prosecution and sharing of information regarding such an employer; authorizing the Attorney General to prosecute criminal and civil actions relating to such an employer; providing that certain books, records and payrolls must be open to inspection under certain circumstances; providing that such an employer is liable for certain costs of investigation and prosecution; requiring a provider of health care to make certain health care records available for inspection during the investigation of such an employer; making various other changes relating to an employer who knowingly makes a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits; providing penalties; and providing other matters properly relating thereto.

 


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ê2011 Statutes of Nevada, Page 840 (Chapter 187, SB 58)ê

 

Legislative Counsel’s Digest:

       Existing law makes it a gross misdemeanor for an employer to knowingly misrepresent, make a false statement about or fail to report a material fact concerning the amount of payroll upon which a premium for industrial insurance is based. (NRS 616D.220) Section 1 of this bill makes it a misdemeanor for an employer to knowingly make a false statement or representation or conceal a material fact regarding the eligibility of a person claiming industrial insurance benefits if the amount of the benefits obtained or attempted to be obtained is less than $250 and a category D felony if the amount of the benefits obtained or attempted to be obtained is $250 or more.

       Existing law provides that no person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice, discloses information relating to a violation of certain provisions of the Nevada Industrial Insurance Act. (NRS 616D.020) Section 2 of this bill provides those immunities to persons who, without malice, disclose information relating to an employer who knowingly makes a false statement or representation or conceals a material fact regarding the eligibility of a person claiming industrial insurance benefits.

       Existing law directs the Administrator of the Division of Industrial Relations of the Department of Business and Industry and the Fraud Control Unit for Industrial Insurance of the Office of the Attorney General to establish procedures concerning the reporting, notification of prosecution and sharing of information of certain violations of the Nevada Industrial Insurance Act. (NRS 616D.560) Section 4 of this bill includes among those violations an employer’s knowingly making a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits.

       Existing law authorizes the Attorney General to prosecute criminal and civil actions for certain violations of the Nevada Industrial Insurance Act and requires persons to furnish the Attorney General with information which would assist in those prosecutions. (NRS 616D.600) Section 5 of this bill includes among those violations an employer’s knowingly making a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits.

       Existing law provides that the books, records and payrolls of an employer pertinent to the investigation of certain violations of the Nevada Industrial Insurance Act must always be open to inspection by an investigator for the Attorney General to enable the Attorney General to investigate and prosecute such violations. (NRS 616D.610) Section 6 of this bill includes among those violations an employer’s knowingly making a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits.

       Existing law provides for the liability for certain costs of investigation and prosecution of a person who commits certain violations of the Nevada Industrial Insurance Act. (NRS 228.420, 616D.620) Sections 7 and 8 of this bill include among those violations an employer’s knowingly making a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits.

       Existing law requires a provider of health care to make the health care records of a patient available for physical inspection by an investigator for the Attorney General investigating an alleged violation of certain provisions of the Nevada Industrial Insurance Act. (NRS 629.061) Section 9 of this bill includes among those violations an employer’s knowingly making a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits.

 


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       Existing law defines violations of certain provisions of the Nevada Industrial Insurance Act as unprofessional conduct or grounds for disciplinary action or denial, suspension or revocation of certain professional licenses, certificates, registrations or permits by certain professional licensing boards. (NRS 630.301, 630A.340, 631.3475, 632.320, 633.511, 634.140, 634A.170, 635.130, 636.295, 637.150, 637A.250, 637B.250, 639.210, 640.160, 641.230, 652.220) Sections 10-25 of this bill include among those violations an employer’s knowingly making a false statement or representation or concealment of a material fact regarding the eligibility of a person claiming industrial insurance benefits.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 616D of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  An employer who knowingly makes a false statement or representation or knowingly conceals a material fact regarding the eligibility of a person claiming benefits under this chapter or chapter 616A, 616B, 616C or 617 of NRS, including, without limitation, information relating to:

     (a) The identity of the person; or

     (b) The classification of the person as an independent contractor,

Ê commits fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS, as applicable.

     2.  An employer who commits fraud as described in subsection 1 shall be punished as follows:

     (a) If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.

     (b) If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.

     3.  Any person who conspires with any other person to commit fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS as described in subsection 1 shall be punished as follows:

     (a) If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.

     (b) If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.

     Sec. 2.  NRS 616D.020 is hereby amended to read as follows:

     616D.020  No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice, discloses information relating to a violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or section 1 of this act, or any fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits for industrial insurance.

 


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ê2011 Statutes of Nevada, Page 842 (Chapter 187, SB 58)ê

 

     Sec. 3.  NRS 616D.220 is hereby amended to read as follows:

     616D.220  1.  If the Administrator finds that any employer or any employee, officer or agent of any employer has knowingly:

     (a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or

     (b) Misrepresented the classification or duties of an employee [,] as they relate to the amount of payroll upon which a premium is based,

Ê the Administrator shall make a determination thereon and charge the employer’s account an amount equal to the amount of the premium that would have been due had the proper information been submitted. The Administrator shall deliver a copy of the determination to the employer. The money collected pursuant to this subsection must be paid into the Uninsured Employers’ Claim Account.

     2.  An employer who is aggrieved by the determination of the Administrator may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was delivered to the employer. The Administrator shall hold a hearing within 30 days after the Administrator receives the request. The determination of the Administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the Administrator becomes due within 30 days after the determination is served on the employer.

     3.  A person who knowingly:

     (a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or

     (b) Misrepresents the classification or duties of an employee [,] as they relate to the amount of payroll upon which a premium is based,

Ê is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

     Sec. 4.  NRS 616D.560 is hereby amended to read as follows:

     616D.560  The Administrator and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 shall establish procedures to ensure that:

     1.  The Administrator, in accordance with the established procedures, reports to the Unit violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or section 1 of this act of which the Administrator becomes aware;

     2.  For the purposes of NRS 616D.120, the Unit notifies the Administrator in a timely manner whether the Unit will prosecute a person who has violated the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive [;] , or section 1 of this act; and

     3.  The Administrator and the Unit share other information of which they are aware relating to violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive [.] , or section 1 of this act.

     Sec. 5.  NRS 616D.600 is hereby amended to read as follows:

     616D.600  1.  The Attorney General may prosecute all criminal actions for the violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive [.] , or section 1 of this act. The commencement of a civil action by the Attorney General pursuant to NRS 616D.230 or 616D.430 or for the recovery of any civil penalties, fines, fees or assessments imposed pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS does not preclude the prosecution of a criminal action by the Attorney General pursuant to this section.

 


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ê2011 Statutes of Nevada, Page 843 (Chapter 187, SB 58)ê

 

General pursuant to NRS 616D.230 or 616D.430 or for the recovery of any civil penalties, fines, fees or assessments imposed pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS does not preclude the prosecution of a criminal action by the Attorney General pursuant to this section.

     2.  Upon request, any person shall furnish to the Attorney General information which would assist in the prosecution of any person alleged to have violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive [.] , or section 1 of this act. Any person who fails to furnish such information upon request is guilty of a misdemeanor.

     Sec. 6.  NRS 616D.610 is hereby amended to read as follows:

     616D.610  1.  The books, records and payrolls of an employer pertinent to the investigation of a violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or section 1 of this act, or any fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits for industrial insurance, must always be open to inspection by an investigator for the Attorney General for the purpose of ascertaining the correctness of such information and as may be necessary for the Attorney General to carry out his or her duties pursuant to NRS 228.420. If the books, records or payrolls are located outside this State, the employer shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request.

     2.  If an employer refuses to produce any book, record, payroll report or other document in conjunction with an investigation conducted by the Fraud Control Unit for Industrial Insurance, the Attorney General may issue a subpoena to require the production of that document.

     3.  If an employer refuses to produce any document as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that:

     (a) Due notice has been given of the time and place of the production of the document;

     (b) The employer has been subpoenaed by the Attorney General pursuant to this section; and

     (c) The employer has failed or refused to produce the document required by the subpoena,

Ê and asking for an order of the court compelling the employer to produce the document.

     4.  Upon such petition, the court shall enter an order directing the employer 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 to show cause why the employer has not produced the document. A certified copy of the order must be served upon the employer.

     5.  If it appears to the court that the subpoena was regularly issued by the Attorney General, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.

     Sec. 7.  NRS 616D.620 is hereby amended to read as follows:

     616D.620  1.  If a person is convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or section 1 of this act, the person:

 


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     (a) Forfeits all rights to compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS after conviction for the offense; and

     (b) Is liable for:

           (1) The reasonable costs incurred by an insurer and the office of the Attorney General to investigate and act upon the violation;

           (2) All costs incurred for the prosecution of the person by the court in which the conviction was obtained; and

           (3) The payments or benefits fraudulently obtained under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

     2.  A judgment of conviction entered against the person must contain a provision which requires the person convicted to pay the costs of investigation and prosecution and the payments or benefits specified in subsection 1.

     3.  Any money received by the Attorney General pursuant to subparagraph (1) of paragraph (b) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund.

     Sec. 8.  NRS 228.420 is hereby amended to read as follows:

     228.420  1.  The Attorney General has primary jurisdiction to investigate and prosecute any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or section 1 of this act and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

     2.  For this purpose, the Attorney General shall establish within his or her office a Fraud Control Unit for Industrial Insurance. The Unit must consist of such persons as are necessary to carry out the duties set forth in this section, including, without limitation, an attorney, an auditor and an investigator.

     3.  The Attorney General, acting through the Unit established pursuant to subsection 2:

     (a) Is the single state agency responsible for the investigation and prosecution of any alleged criminal violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or section 1 of this act and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS;

     (b) Shall cooperate with the Division of Industrial Relations of the Department of Business and Industry, self-insured employers, associations of self-insured public or private employers, private carriers and other state and federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving violations of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or section 1 of this act and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS;

     (c) Shall protect the privacy of persons who are eligible to receive compensation pursuant to the provisions of chapter 616A, 616B, 616C, 616D or 617 of NRS and establish procedures to prevent the misuse of information obtained in carrying out this section; and

 


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ê2011 Statutes of Nevada, Page 845 (Chapter 187, SB 58)ê

 

     (d) May, upon request, inspect the records of any self-insured employer, association of self-insured public or private employers, or private carrier, the Division of Industrial Relations of the Department of Business and Industry and the State Contractors’ Board to investigate any alleged violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or section 1 of this act or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

     4.  When acting pursuant to this section or NRS 228.175 or 228.410, the Attorney General may commence an investigation and file a criminal action without leave of court, and has exclusive charge of the conduct of the prosecution.

     5.  The Attorney General shall report the name of any person who has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or section 1 of this act to the occupational board that issued the person’s license or certificate to provide medical care, remedial care or other services in this State.

     6.  The Attorney General shall establish a toll-free telephone number for persons to report information regarding alleged violations of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, 616D.350 to 616D.440, inclusive, or section 1 of this act and any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS.

     7.  As used in this section:

     (a) “Association of self-insured private employers” has the meaning ascribed to it in NRS 616A.050.

     (b) “Association of self-insured public employers” has the meaning ascribed to it in NRS 616A.055.

     (c) “Private carrier” has the meaning ascribed to it in NRS 616A.290.

     (d) “Self-insured employer” has the meaning ascribed to it in NRS 616A.305.

     Sec. 9.  NRS 629.061 is hereby amended to read as follows:

     629.061  1.  Each provider of health care shall make the health care records of a patient available for physical inspection by:

     (a) The patient or a representative with written authorization from the patient;

     (b) The personal representative of the estate of a deceased patient;

     (c) Any trustee of a living trust created by a deceased patient;

     (d) The parent or guardian of a deceased patient who died before reaching the age of majority;

     (e) An investigator for the Attorney General or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;

     (f) An investigator for the Attorney General investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or section 1 of this act or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; or

 


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ê2011 Statutes of Nevada, Page 846 (Chapter 187, SB 58)ê

 

     (g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

Ê The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this State, the provider shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request.

     2.  Except as otherwise provided in subsection 3, the provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.

     3.  The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The provider of health care shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the provider of health care shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.

     4.  Each person who owns or operates an ambulance in this State shall make the records regarding a sick or injured patient available for physical inspection by:

     (a) The patient or a representative with written authorization from the patient;

     (b) The personal representative of the estate of a deceased patient;

     (c) Any trustee of a living trust created by a deceased patient;

     (d) The parent or guardian of a deceased patient who died before reaching the age of majority; or

     (e) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.

Ê The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.

 


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ê2011 Statutes of Nevada, Page 847 (Chapter 187, SB 58)ê

 

     5.  Records made available to a representative or investigator must not be used at any public hearing unless:

     (a) The patient named in the records has consented in writing to their use; or

     (b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.

     6.  Subsection 5 does not prohibit:

     (a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his or her attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and the attorney shall keep the information confidential.

     (b) The Attorney General from using health care records in the course of a civil or criminal action against the patient or provider of health care.

     7.  A provider of health care or owner or operator of an ambulance and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

     8.  For the purposes of this section:

     (a) “Guardian” means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.

     (b) “Living trust” means an inter vivos trust created by a natural person:

           (1) Which was revocable by the person during the lifetime of the person; and

           (2) Who was one of the beneficiaries of the trust during the lifetime of the person.

     (c) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

     (d) “Personal representative” has the meaning ascribed to it in NRS 132.265.

     Sec. 10.  NRS 630.301 is hereby amended to read as follows:

     630.301  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

     1.  Conviction of a felony relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

     2.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive [.] , or section 1 of this act.

     3.  Any disciplinary action, including, without limitation, the revocation, suspension, modification or limitation of a license to practice any type of medicine, taken by another state, the Federal Government, a foreign country or any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.

     4.  Malpractice, which may be evidenced by claims settled against a practitioner, but only if the malpractice is established by a preponderance of the evidence.

 


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     5.  The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.

     6.  Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

     7.  The engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.

     8.  The failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when the failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.

     9.  The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a code of ethics adopted by the Board by regulation based on a national code of ethics.

     10.  The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.

     11.  Conviction of:

     (a) Murder, voluntary manslaughter or mayhem;

     (b) Any felony involving the use of a firearm or other deadly weapon;

     (c) Assault with intent to kill or to commit sexual assault or mayhem;

     (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

     (e) Abuse or neglect of a child or contributory delinquency;

     (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS; or

     (g) Any offense involving moral turpitude.

     Sec. 11.  NRS 630A.340 is hereby amended to read as follows:

     630A.340  The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:

     1.  Unprofessional conduct.

     2.  Conviction of:

     (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (b) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive [;] , or section 1 of this act;

     (c) Any offense involving moral turpitude; or

     (d) Any offense relating to the practice of homeopathic medicine or the ability to practice homeopathic medicine.

Ê A plea of nolo contendere to any offense listed in this subsection shall be deemed a conviction.

     3.  The suspension, modification or limitation of a license to practice any type of medicine by any other jurisdiction.

 


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     4.  The surrender of a license to practice any type of medicine or the discontinuance of the practice of medicine while under investigation by any licensing authority, medical facility, facility for the dependent, branch of the Armed Forces of the United States, insurance company, agency of the Federal Government or employer.

     5.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

     6.  Professional incompetence.

     Sec. 12.  NRS 631.3475 is hereby amended to read as follows:

     631.3475  The following acts, among others, constitute unprofessional conduct:

     1.  Malpractice;

     2.  Professional incompetence;

     3.  Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

     4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

     5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

     6.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

     7.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;

     8.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act; or

     9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 13.  NRS 632.320 is hereby amended to read as follows:

     632.320  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

     (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

     (b) Is guilty of any offense:

           (1) Involving moral turpitude; or

           (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

 


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     (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] , or section 1 of this act.

     (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

     (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

     (f) Is a person with mental incompetence.

     (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

           (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

           (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

           (3) Impersonating another licensed practitioner or holder of a certificate.

           (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse or nursing assistant.

           (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

           (6) Physical, verbal or psychological abuse of a patient.

           (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

     (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

     (i) Is guilty of aiding or abetting any person in a violation of this chapter.

     (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

     (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

     (l) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

     (m) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

     (n) Has willfully failed to comply with a regulation, subpoena or order of the Board.

     (o) Has operated a medical facility at any time during which:

           (1) The license of the facility was suspended or revoked; or

           (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

 


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     2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

     Sec. 14.  NRS 633.511 is hereby amended to read as follows:

     633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

     1.  Unprofessional conduct.

     2.  Conviction of:

     (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (b) A felony relating to the practice of osteopathic medicine;

     (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act;

     (d) Murder, voluntary manslaughter or mayhem;

     (e) Any felony involving the use of a firearm or other deadly weapon;

     (f) Assault with intent to kill or to commit sexual assault or mayhem;

     (g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

     (h) Abuse or neglect of a child or contributory delinquency; or

     (i) Any offense involving moral turpitude.

     3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

     4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a practitioner.

     5.  Professional incompetence.

     6.  Failure to comply with the requirements of NRS 633.527.

     7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

     8.  Failure to comply with the provisions of NRS 633.694.

     9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

     11.  Signing a blank prescription form.

     12.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

     13.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

     14.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

 


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     15.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

     16.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

     17.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

     Sec. 15.  NRS 634.140 is hereby amended to read as follows:

     634.140  The grounds for initiating disciplinary action pursuant to this chapter are:

     1.  Unprofessional conduct.

     2.  Conviction of:

     (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (b) A felony relating to the practice of chiropractic;

     (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act; or

     (d) Any offense involving moral turpitude.

     3.  Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

     4.  Gross or repeated malpractice.

     5.  Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.

     6.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 16.  NRS 634A.170 is hereby amended to read as follows:

     634A.170  The Board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

     1.  Conviction of:

     (a) A felony relating to the practice of Oriental medicine;

     (b) Any offense involving moral turpitude;

     (c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or

     (d) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act;

     2.  The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;

 


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     3.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

     4.  Advertising by means of a knowingly false or deceptive statement;

     5.  Advertising, practicing or attempting to practice under a name other than one’s own;

     6.  Habitual drunkenness or habitual addiction to the use of a controlled substance;

     7.  Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;

     8.  Sustaining a physical or mental disability which renders further practice dangerous;

     9.  Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;

     10.  Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;

     11.  Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;

     12.  Being adjudicated incompetent or insane;

     13.  Advertising in an unethical or unprofessional manner;

     14.  Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;

     15.  Willful disclosure of a privileged communication;

     16.  Failure of a licensee to designate the nature of his or her practice in the professional use of his or her name by the term doctor of Oriental medicine;

     17.  Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the State Board of Health;

     18.  Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering;

     19.  Performing, assisting or advising in the injection of any liquid silicone substance into the human body; and

     20.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 17.  NRS 635.130 is hereby amended to read as follows:

     635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

     (a) Deny an application for a license or refuse to renew a license.

     (b) Suspend or revoke a license.

     (c) Place a licensee on probation.

     (d) Impose a fine not to exceed $5,000.

     2.  The Board may take disciplinary action against a licensee for any of the following causes:

 


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     (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

     (b) Lending the use of the holder’s name to an unlicensed person.

     (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

     (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.

     (e) Conviction of a crime involving moral turpitude.

     (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] , or section 1 of this act;

     (g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.

     (h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.

     (i) Gross incompetency.

     (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

     (k) False representation by or on behalf of the licensee regarding his or her practice.

     (l) Unethical or unprofessional conduct.

     (m) Willful or repeated violations of this chapter or regulations adopted by the Board.

     (n) Willful violation of the regulations adopted by the State Board of Pharmacy.

     (o) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

           (1) The license of the facility is suspended or revoked; or

           (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

     Sec. 18.  NRS 636.295 is hereby amended to read as follows:

     636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

     1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

     2.  Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

     3.  Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] , or section 1 of this act.

     4.  Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

 


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ê2011 Statutes of Nevada, Page 855 (Chapter 187, SB 58)ê

 

     5.  Habitual drunkenness or addiction to any controlled substance.

     6.  Gross incompetency.

     7.  Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

     8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

     9.  Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

     10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

     11.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

     12.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 19.  NRS 637.150 is hereby amended to read as follows:

     637.150  1.  Upon proof by substantial evidence that an applicant or holder of a license:

     (a) Has been adjudicated insane;

     (b) Habitually uses any controlled substance or intoxicant;

     (c) Has been convicted of a crime involving moral turpitude;

     (d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act;

     (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

     (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in this State through fraud of any kind;

     (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

     (h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

     (i) Has violated any regulation of the Board;

     (j) Has violated any provision of this chapter;

     (k) Is incompetent;

     (l) Is guilty of unethical or unprofessional conduct as determined by the Board;

     (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

     (n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or

     (o) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

 


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           (1) The license of the facility was suspended or revoked; or

           (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160,

Ê the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.

     2.  The Board shall not privately reprimand a holder of a license.

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

     4.  The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

     Sec. 20.  NRS 637A.250 is hereby amended to read as follows:

     637A.250  In a manner consistent with the provisions of chapter 622A of NRS, the Board may take disciplinary action against a licensee if the licensee:

     1.  Has been convicted of a felony relating to the practice of hearing aid specialists.

     2.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] , or section 1 of this act.

     3.  Obtained the license by fraud or misrepresentation.

     4.  Has made any false or fraudulent statements concerning hearing aids or the business of hearing aid specialist.

     5.  Has been guilty of negligence, incompetence or unprofessional conduct in his or her practice as a hearing aid specialist. As used in this subsection, “unprofessional conduct” includes, without limitation:

     (a) Conduct which is intended to deceive or which the Board by specific regulation has determined is unethical;

     (b) Conduct which is harmful to the public or any conduct detrimental to the public health or safety;

     (c) Conduct for which disciplinary action was taken by an agency of another state which is authorized to regulate the practice of hearing aid specialists; and

     (d) Knowingly employing, directly or indirectly, any person who is not licensed to fit or dispense hearing aids or whose license to fit or dispense hearing aids has been suspended or revoked.

     6.  Has loaned or transferred his or her license to another person.

     7.  Willfully violated any law of this State or any provision of this chapter regulating hearing aid specialists or the operation of an office, store or other location for dispensing hearing aids.

     8.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility was suspended or revoked; or

     (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 21.  NRS 637B.250 is hereby amended to read as follows:

     637B.250  The grounds for initiating disciplinary action pursuant to this chapter are:

 


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ê2011 Statutes of Nevada, Page 857 (Chapter 187, SB 58)ê

 

     1.  Unprofessional conduct.

     2.  Conviction of:

     (a) A violation of any federal or state law regarding the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (b) A felony relating to the practice of audiology or speech pathology;

     (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act; or

     (d) Any offense involving moral turpitude.

     3.  Suspension or revocation of a license to practice audiology or speech pathology by any other jurisdiction.

     4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

     5.  Professional incompetence.

     6.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility is suspended or revoked; or

     (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 22.  NRS 639.210 is hereby amended to read as follows:

     639.210  The Board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:

     1.  Is not of good moral character;

     2.  Is guilty of habitual intemperance;

     3.  Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a lawfully issued prescription, while on duty in any establishment licensed by the Board;

     4.  Is guilty of unprofessional conduct or conduct contrary to the public interest;

     5.  Is addicted to the use of any controlled substance;

     6.  Has been convicted of a violation of any law or regulation of the Federal Government or of this or any other state related to controlled substances, dangerous drugs, drug samples, or the wholesale or retail distribution of drugs;

     7.  Has been convicted of:

     (a) A felony relating to holding a certificate, license, registration or permit pursuant to this chapter;

     (b) A felony pursuant to NRS 639.550 or 639.555; or

     (c) Other crime involving moral turpitude, dishonesty or corruption;

     8.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act;

     9.  Has willfully made to the Board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;

 


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     10.  Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

     11.  Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;

     12.  Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy, or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy committed by the holder of a certificate, license, registration or permit;

     13.  Has failed to renew a certificate, license or permit by failing to submit the application for renewal or pay the renewal fee therefor;

     14.  Has had a certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this State;

     15.  Has, as a managing pharmacist, violated any provision of law or regulation concerning recordkeeping or inventory in a store over which he or she presides, or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his or her supervision;

     16.  Has repeatedly been negligent, which may be evidenced by claims of malpractice settled against him or her;

     17.  Has failed to maintain and make available to a state or federal officer any records in accordance with the provisions of this chapter or chapter 453 or 454 of NRS;

     18.  Has failed to file or maintain a bond or other security if required by NRS 639.515; or

     19.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility was suspended or revoked; or

     (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 23.  NRS 640.160 is hereby amended to read as follows:

     640.160  1.  The Board, after notice and a hearing as required by law, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

     (a) Refuse to issue a license or temporary license to any applicant.

     (b) Refuse to renew the license or temporary license of any person.

     (c) Suspend or revoke the license or temporary license of any person.

     (d) Place any person who has been issued a license or temporary license on probation.

     (e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

     2.  The Board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

 


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ê2011 Statutes of Nevada, Page 859 (Chapter 187, SB 58)ê

 

     (a) Is habitually drunk or is addicted to the use of a controlled substance.

     (b) Has been convicted of violating any state or federal law relating to controlled substances.

     (c) Is, in the judgment of the Board, guilty of immoral or unprofessional conduct.

     (d) Has been convicted of any crime involving moral turpitude.

     (e) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] , or section 1 of this act.

     (f) Is guilty, in the judgment of the Board, of gross negligence in his or her practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

     (g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

     (h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

     (i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his or her referral of a patient.

     (j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

     (k) Has had a license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

     (l) Is determined to be professionally incompetent by the Board.

     (m) Has violated any provision of this chapter or the Board’s regulations.

     (n) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

           (1) The license of the facility was suspended or revoked; or

           (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

     Sec. 24.  NRS 641.230 is hereby amended to read as follows:

     641.230  The Board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the Board finds by substantial evidence that the psychologist has:

     1.  Been convicted of a felony relating to the practice of psychology.

     2.  Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.

     3.  Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] , or section 1 of this act.

     4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.

     5.  Aided or abetted the practice of psychology by a person not licensed by the Board.

     6.  Made any fraudulent or untrue statement to the Board.

     7.  Violated a regulation adopted by the Board.

 


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ê2011 Statutes of Nevada, Page 860 (Chapter 187, SB 58)ê

 

     8.  Had a license to practice psychology suspended or revoked or has had any other disciplinary action taken against the psychologist by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

     9.  Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology issued to the psychologist by another state or territory of the United States, the District of Columbia or a foreign country.

     10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

     11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

     12.  Engaged in sexual activity with a patient.

     13.  Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

     14.  Been convicted of submitting a false claim for payment to the insurer of a patient.

     15.  Operated a medical facility, as defined in NRS 449.0151, at any time during which:

     (a) The license of the facility was suspended or revoked; or

     (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

     Sec. 25.  NRS 652.220 is hereby amended to read as follows:

     652.220  A license may be denied, suspended or revoked if the laboratory, laboratory director or any technical employee of the laboratory:

     1.  Violates any provision of this chapter;

     2.  Makes any misrepresentation in obtaining a license;

     3.  Has been convicted of a felony relating to the position for which the applicant has applied or the licensee has been licensed pursuant to this chapter;

     4.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [;] , or section 1 of this act;

     5.  Is guilty of unprofessional conduct;

     6.  Knowingly permits the use of the name of a licensed laboratory or its director by an unlicensed laboratory; or

     7.  Fails to meet the minimum standards prescribed by the Board.

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