Link to Page 1908

 

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ê2011 Statutes of Nevada, Page 1909ê

 

CHAPTER 339, AB 531

Assembly Bill No. 531–Committee on Ways and Means

 

CHAPTER 339

 

[Approved: June 13, 2011]

 

AN ACT relating to state financial administration; providing that all interest and income earned on any money in the Fund for Manufactured Housing or in any account in the Fund must be credited to the Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill provides that all interest and income earned on any money in the Fund for Manufactured Housing or in any account in the Fund must be credited to the Fund. The Fund contains the Account for Regulating Manufactured Home Parks and the Account for Education and Recovery Relating to Manufactured Housing. (NRS 118B.185, 489.4971)

 

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 489.491 is hereby amended to read as follows:

     489.491  1.  Except as otherwise provided in NRS 489.265, all fees collected pursuant to the provisions of this chapter must be deposited in the State Treasury for credit to the Fund for Manufactured Housing which is hereby created as a special revenue fund. All interest and income earned on any money in the Fund or in any account in the Fund must be credited to the Fund. All expenses of the enforcement of this chapter must be paid from the Fund.

     2.  The Fund may not be used for any purpose, except the regulation of manufactured homes, mobile homes, travel trailers and commercial coaches and the administration of chapters 461 and 461A of NRS.

     3.  Claims against the Fund must be paid as other claims against the State are paid.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1910ê

 

CHAPTER 340, AB 529

Assembly Bill No. 529–Committee on Ways and Means

 

CHAPTER 340

 

[Approved: June 13, 2011]

 

AN ACT relating to public financial administration; revising provisions relating to the use of money in the Fund for Hospital Care to Indigent Persons; transferring money from an account in the Fund to the State General Fund for the next biennium; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law creates the Fund for Hospital Care to Indigent Persons for the provision of medical care to indigent persons and requires each county to deposit certain taxes ad valorem into the Fund. (NRS 428.175, 428.185, 428.285, 428.305) Sections 1 and 2 of this bill allow the use of money in the Fund for any purpose authorized by the Legislature. Section 3 of this bill makes transfers of certain amounts from an account in the Fund to the State General Fund for the next 2 fiscal years.

 

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 428.175 is hereby amended to read as follows:

     428.175  1.  The Fund for Hospital Care to Indigent Persons is hereby created as a special revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive [.] , and any other purpose authorized by the Legislature.

     2.  All money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and the interest earned on the money in the Fund must be deposited for credit to the Fund. Claims against the Fund must be paid on claims approved by the Board.

     Sec. 2.  NRS 428.305 is hereby amended to read as follows:

     428.305  1.  The Supplemental Account for Medical Assistance to Indigent Persons is created in the Fund for Hospital Care to Indigent Persons. The interest earned on the money in the Supplemental Account must be deposited for credit to the Supplemental Account.

     2.  Beginning with the fiscal year that begins on July 1, 2005, at the end of each quarter of a fiscal year, the balance in the Supplemental Account must be [transferred] :

     (a) Transferred to the Health Insurance Flexibility and Accountability Holding Account in the State General Fund in an amount not to exceed the amount of any appropriation provided by the Legislature to fund a program established pursuant to NRS 422.2728 [.] ; or

     (b) Used for any other purpose authorized by the Legislature.

     3.  Any money remaining in the Health Insurance Flexibility and Accountability Holding Account at the end of each fiscal year reverts to the Fund for Hospital Care to Indigent Persons and to the State General Fund in equal amounts.

 


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ê2011 Statutes of Nevada, Page 1911 (Chapter 340, AB 529)ê

 

     Sec. 3.  The State Controller shall transfer from the Supplemental Account for Medical Assistance to Indigent Persons created in the Fund for Hospital Care to Indigent Persons pursuant to NRS 428.305 to the State General Fund the sum of $19,112,621 in Fiscal Year 2011-2012 and $19,218,718 in Fiscal Year 2012-2013 for unrestricted State General Fund use.

     Sec. 4.  1.  This act becomes effective on July 1, 2011.

     2.  Sections 1 and 2 of this act expire by limitation on June 30, 2013.

________

CHAPTER 341, AB 40

Assembly Bill No. 40–Committee on Education

 

CHAPTER 341

 

[Approved: June 13, 2011]

 

AN ACT relating to private postsecondary educational institutions; revising the requirements concerning background investigations of certain applicants for employment or contracts with private postsecondary educational institutions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain persons who apply for employment or a contract with a private postsecondary educational institution to submit a completed fingerprint card that must be taken by an agency of law enforcement and authorization for the postsecondary institution to conduct an investigation of the background of the applicants. (NRS 394.465) This bill allows the fingerprint card and authorization to be submitted electronically to the Central Repository for Nevada Records of Criminal History. This bill also exempts an applicant from the background check if: (1) the applicant will provide instruction from a location outside this State through a licensed program of distance education; (2) the applicant previously underwent a background check; and (3) the Administrator of the Commission on Postsecondary Education determines that an additional background check is not necessary.

 

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 394.465 is hereby amended to read as follows:

     394.465  1.  Except as otherwise provided in subsection [4,] 6, before a postsecondary educational institution employs or contracts with a person:

     (a) To occupy an instructional position;

     (b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position; or

     (c) To act as an agent for the institution,

Ê the applicant must submit to the Administrator [completed fingerprint cards] the information set forth in subsection 2.

 


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ê2011 Statutes of Nevada, Page 1912 (Chapter 341, AB 40)ê

 

     2.  The applicant must submit to the Administrator:

     (a) A complete set of fingerprints taken by a law enforcement agency and [a form] written permission authorizing [an investigation of the applicant’s background and the submission of a complete set of] the Administrator to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for [its report and for] submission to the Federal Bureau of Investigation for [its] a report [. The fingerprint cards and authorization form submitted must be those which are provided to the applicant by the Administrator. The applicant’s fingerprints must be taken by an agency of law enforcement.

     2.] on the applicant’s background and to such other law enforcement agencies as the Administrator deems necessary; or

     (b) Written verification, on a form prescribed by the Administrator, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Administrator deems necessary.

     3.  The Administrator may:

     (a) Unless the applicant’s fingerprints are directly forwarded pursuant to paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Administrator deems necessary; and

     (b) Request from each such agency any information regarding the applicant’s background as the Administrator deems necessary.

     4.  Except as otherwise provided in NRS 239.0115, the Administrator shall keep the results of the investigation confidential.

     [3.] 5.  The applicant shall pay the cost of the investigation.

     [4.] 6.  An applicant is not required to satisfy the requirements of [subsection 1] this section if the applicant:

     (a) Is licensed by the Superintendent of Public Instruction;

     (b) Is an employee of the United States Department of Defense;

     (c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution; [or]

     (d) Is an instructor who provides instruction from a location outside this State through a program of distance education for a postsecondary educational institution licensed by the Commission who previously underwent an investigation of his or her background and the Administrator determines that an additional investigation is not necessary; or

     (e) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.

 


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ê2011 Statutes of Nevada, Page 1913 (Chapter 341, AB 40)ê

 

     7.  As used in this section, “distance education” means instruction delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the student receiving the instruction are separated geographically.

     Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 342, AB 48

Assembly Bill No. 48–Committee on Health and Human Services

 

CHAPTER 342

 

[Approved: June 13, 2011]

 

AN ACT relating to mental health; authorizing mental health consortia to perform certain activities relating to children’s mental health; authorizing mental health consortia to accept and expend money for certain purposes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law: (1) establishes a mental health consortium in each county whose population is 100,000 or more (currently Clark and Washoe Counties) and one mental health consortium in the region that comprises all other counties; and (2) requires each consortium to establish a long-term strategic plan for the provision of mental health services to children with emotional disturbance within the jurisdiction of the consortium. (NRS 433B.333, 433B.335) Section 2 of this bill authorizes each mental health consortium to implement the plan and to engage in other activities to improve the provision of mental health services to children with emotional disturbance and their families. Section 3 of this bill authorizes each consortium to apply for and accept gifts, grants, donations and bequests and enter into contracts to carry out the activities of the consortium.

       Section 4 of this bill requires each consortium to submit to the Director of the Department of Health and Human Services and to the Commission on Mental Health and Developmental Services any request for an allocation for the administrative expenses of the consortium for consideration as part of the Department’s biennial budget 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 433B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  1.  A mental health consortium established by NRS 433B.333 may:

     (a) Participate in activities within the jurisdiction of the consortium to:

           (1) Implement the provisions of the long-term strategic plan established by the consortium pursuant to NRS 433B.335; and

           (2) Improve the provision of mental health services to children with emotional disturbance and their families, including, without limitation, advertising the availability of mental health services and carrying out a demonstration project relating to mental health services.

 


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ê2011 Statutes of Nevada, Page 1914 (Chapter 342, AB 48)ê

 

advertising the availability of mental health services and carrying out a demonstration project relating to mental health services.

     (b) Take other action to carry out its duties set forth in this section and NRS 433B.335 and section 3 of this act.

     2.  To the extent practicable, a mental health consortium shall coordinate with the Department to avoid duplicating or contradicting the efforts of the Department to provide mental health services to children with emotional disturbance and their families.

     Sec. 3.  1.  A mental health consortium established by NRS 433B.333 may:

     (a) Enter into contracts and agreements to carry out the provisions of this section and NRS 433B.335 and section 2 of this act; and

     (b) Apply for and accept gifts, grants, donations and bequests from any source to carry out the provisions of this section and NRS 433B.335 and section 2 of this act.

     2.  Any money collected pursuant to subsection 1:

     (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

     (b) Except as otherwise provided by the terms of a specific gift, grant, donation or bequest, must only be expended, under the direction of the consortium which deposited the money, to carry out the provisions of this section and NRS 433B.335 and section 2 of this act.

     3.  The Administrator shall administer the account maintained for each consortium.

     4.  Any interest or income earned on the money in an account maintained pursuant to this section must be credited to the account and does not revert to the State General Fund at the end of a fiscal year.

     5.  Any claims against an account maintained pursuant to this section must be paid as other claims against the State are paid.

     Sec. 4.  NRS 433B.335 is hereby amended to read as follows:

     433B.335  1.  Each mental health consortium established pursuant to NRS 433B.333 shall prepare and submit to the Director of the Department a long-term strategic plan for the provision of mental health services to children with emotional disturbance in the jurisdiction of the consortium. A plan submitted pursuant to this section is valid for 10 years after the date of submission, and each consortium shall submit a new plan upon its expiration.

     2.  In preparing the long-term strategic plan pursuant to subsection 1, each mental health consortium must be guided by the following principles:

     (a) The system of mental health services set forth in the plan should be centered on children with emotional disturbance and their families, with the needs and strengths of those children and their families dictating the types and mix of services provided.

     (b) The families of children with emotional disturbance, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.

     (c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.

     (d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.

 


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ê2011 Statutes of Nevada, Page 1915 (Chapter 342, AB 48)ê

 

     (e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.

     (f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.

     (g) The family of a child with an emotional disturbance should be eligible to receive mental health services from the system.

     (h) Mental health services should be provided to children with emotional disturbance in a sensitive manner that is responsive to cultural and gender-based differences and the special needs of the children.

     3.  The long-term strategic plan prepared pursuant to subsection 1 must include:

     (a) An assessment of the need for mental health services in the jurisdiction of the consortium;

     (b) The long-term strategies and goals of the consortium for providing mental health services to children with emotional disturbance within the jurisdiction of the consortium;

     (c) A description of the types of services to be offered to children with emotional disturbance within the jurisdiction of the consortium;

     (d) Criteria for eligibility for those services;

     (e) A description of the manner in which those services may be obtained by eligible children;

     (f) The manner in which the costs for those services will be allocated;

     (g) The mechanisms to manage the money provided for those services;

     (h) Documentation of the number of children with emotional disturbance who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;

     (i) Methods for obtaining additional money and services for children with emotional disturbance from private and public entities; and

     (j) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.

     4.  On or before January 31 of each even-numbered year, each mental health consortium shall submit to the Director of the Department and the Commission:

     (a) A list of the priorities of services necessary to implement the long-term strategic plan submitted pursuant to subsection 1 and an itemized list of the costs to provide those services; [and]

     (b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year [.] ; and

     (c) Any request for an allocation for administrative expenses of the consortium.

     5.  In preparing the biennial budget request for the Department, the Director of the Department shall consider the list of priorities and any request for an allocation submitted pursuant to subsection 4 by each mental health consortium. On or before September 30 of each even-numbered year, the Director of the Department shall submit to each mental health consortium a report which includes a description of:

     (a) Each item on the list of priorities of the consortium that was included in the biennial budget request for the Department; [and]

 


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ê2011 Statutes of Nevada, Page 1916 (Chapter 342, AB 48)ê

 

     (b) Each item on the list of priorities of the consortium that was not included in the biennial budget request for the Department and an explanation for the exclusion [.] ; and

     (c) Any request for an allocation for administrative expenses of the consortium that was included in the biennial budget request for the Department.

     6.  On or before January 31 of each odd-numbered year, each consortium shall submit to the Director of the Department and the Commission:

     (a) A report regarding the status of the long-term strategic plan submitted pursuant to subsection 1, including, without limitation, the status of the strategies, goals and services included in the plan; [and]

     (b) A description of any revisions to the long-term strategic plan adopted by the consortium during the immediately preceding year [.] ; and

     (c) A report of all expenditures made from an account maintained pursuant to section 3 of this act, if any.

     Sec. 5.  (Deleted by amendment.)

     Sec. 6.  This act becomes effective on July 1, 2011.

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CHAPTER 343, AB 100

Assembly Bill No. 100–Assemblyman Segerblom

 

CHAPTER 343

 

[Approved: June 13, 2011]

 

AN ACT relating to elections; enacting the Uniformed Military and Overseas Absentee Voters Act; repealing certain provisions governing the use of absent ballots by Armed Forces of the United States personnel and overseas citizens; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill enacts the Uniformed Military and Overseas Absentee Voters Act, which authorizes members of the Armed Forces of the United States and their spouses and dependents, and certain other electors of this State who reside outside the United States: (1) to request forms for voter registration, absent ballots and the form provided by the Federal Government for simultaneous registration and request of an absent ballot; and (2) to return voted ballots by approved electronic transmission. This bill repeals existing provisions of law governing the use and return of an absent ballot by a registered voter of this State who is a member of the Armed Forces, is an overseas citizen or resides outside the continental United States.

 


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ê2011 Statutes of Nevada, Page 1917 (Chapter 343, AB 100)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.  Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 29, inclusive, of this act.

     Sec. 2.  This chapter may be cited as the Uniformed Military and Overseas Absentee Voters Act.

     Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Covered voter” means:

     1.  A uniformed-service voter;

     2.  An overseas voter; or

     3.  A spouse or dependent of a uniformed-service voter.

     Sec. 5.  “Local elections official” means a city clerk, county clerk or registrar of voters, as applicable.

     Sec. 6.  “Military-overseas ballot” means:

     1.  A federal write-in absentee ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-2;

     2.  A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

     3.  Any other ballot cast by a covered voter in accordance with this chapter.

     Sec. 7.  “Overseas voter” means a United States citizen who is outside the United States and is eligible to be a covered voter pursuant to section 13 of this act.

     Sec. 8.  “Residency requirement” means the requirement contained in NRS 293.485 that a person must continuously reside in this State, the county and the precinct for the purposes of qualifying to register to vote in this State.

     Sec. 9.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

     Sec. 10.  “Uniformed-service voter” means an elector who is:

     1.  A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States who is on active duty;

     2.  A member of the Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States;

     3.  A member of the National Guard or state militia unit who is on activated status; or

     4.  A spouse or dependent of a person described in subsection 1, 2 or 3.

     Sec. 11.  The voting procedures set forth in this chapter apply to every primary election, general election or special election in which a candidate for federal office appears on the ballot.

 


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ê2011 Statutes of Nevada, Page 1918 (Chapter 343, AB 100)ê

 

     Sec. 12.  1.  The Secretary of State shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.

     2.  The Secretary of State shall establish a system of approved electronic transmission through which covered voters may apply for and receive documents and other information pursuant to this chapter.

     3.  The Secretary of State shall develop standardized absentee-voting materials, including, without limitation, privacy and transmission envelopes and their electronic equivalents, authentication materials and voting instructions, to be used with the military-overseas ballot of a covered voter authorized to vote in any jurisdiction in this State and, to the extent reasonably possible, shall do so in coordination with other states.

     4.  The Secretary of State shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the covered voter’s identity, eligibility to vote, status as a covered voter and timely and proper completion of a military-overseas ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-2, as modified to be consistent with this chapter. The Secretary of State shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

     Sec. 13.  An overseas voter is eligible to be a covered voter if:

     1.  Before leaving the United States, the overseas voter was eligible to vote in this State and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements;

     2.  Before leaving the United States, the overseas voter would have been eligible to vote in this State had the overseas voter then been of voting age and, except for the residency requirement, otherwise satisfies this State’s voter eligibility requirements; or

     3.  Was born outside the United States and, except for the residency requirement, otherwise satisfies the voter eligibility requirements set forth in NRS 293.485, so long as:

     (a) The last place where a parent or legal guardian of the overseas voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this State; and

     (b) The overseas voter is not registered to vote in any other state.

     Sec. 14.  In registering to vote, a covered voter shall use and must be assigned to the precinct of the address of the last place of residence of the covered voter in this State or, in the case of a dependent, the address of the last place of residence in this State of the parent or legal guardian of the covered voter. If the last place of residence in this State has not been assigned a street address, the address at which the covered voter resides for purposes of this section is a description of the location at which the voter actually resides. The description must identify the location with sufficient specificity to allow the county clerk to assign the location to a precinct.

     Sec. 15.  1.  In addition to any other method of registering to vote set forth in chapter 293 of NRS, a covered voter may use a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff(b)(2), or the application’s electronic equivalent, to apply to register to vote.

 


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ê2011 Statutes of Nevada, Page 1919 (Chapter 343, AB 100)ê

 

Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff(b)(2), or the application’s electronic equivalent, to apply to register to vote.

     2.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-2, to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the seventh day before the election. If the declaration is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.

     3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of section 12 of this act is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official. The covered voter may use the system of approved electronic transmission or any other method set forth in chapter 293 of NRS to register to vote.

     Sec. 16.  1.  A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff(b)(2), or the application’s electronic equivalent, pursuant to this section.

     2.  A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to section 15 of this act and to apply for a military-overseas ballot.

     3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of section 12 of this act is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official. The covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.

     4.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-2, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election.

     5.  To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:

     (a) The use of a federal postcard application or federal write-in absentee ballot;

     (b) The use of an overseas address on an approved voting registration application or ballot application; and

     (c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.

 


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ê2011 Statutes of Nevada, Page 1920 (Chapter 343, AB 100)ê

 

     6.  This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of NRS 293.315 or voting in person.

     Sec. 17.  An application for a military-overseas ballot is timely if received by the seventh day before the election. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.

     Sec. 18.  1.  For all covered elections for which this State has not received a waiver pursuant to section 579 of the Military and Overseas Voter Empowerment Act, 42 U.S.C. § 1973ff-1(g)(2), not later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, the local elections official in each jurisdiction charged with distributing military-overseas ballots and balloting materials shall transmit military-overseas ballots and balloting materials to all covered voters who by that date submit a valid application for military-overseas ballots.

     2.  A covered voter who requests that a military-overseas ballot and balloting materials be sent to the covered voter by approved electronic transmission may choose to receive the military-overseas ballot and balloting materials by facsimile transmission or electronic mail delivery. The local elections official in each jurisdiction shall transmit the military-overseas ballot and balloting materials to the covered voter using the means of approved electronic transmission chosen by the covered voter.

     3.  If an application for a military-overseas ballot from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to other voters, the local elections official shall transmit the military-overseas ballot and balloting materials to the covered voter not later than 2 business days after the application arrives.

     Sec. 19.  A military-overseas ballot must be received by the appropriate local elections official not later than the close of the polls.

     Sec. 20.  1.  Except as otherwise provided in subsection 2, a covered voter may use the federal write-in absentee ballot, in accordance with section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff-2, to vote for all offices and ballot measures in an election.

     2.  If the covered voter indicates on the federal write-in absentee ballot that he or she is residing overseas indefinitely, the covered voter may only use the federal write-in absentee ballot to vote for federal offices.

     Sec. 21.  (Deleted by amendment.)

     Sec. 22.  Each military-overseas ballot must include or be accompanied by a declaration signed by the covered voter declaring that a material misstatement of fact in completing the document may be grounds for a conviction of perjury under the laws of the United States or this State.

     Sec. 23.  The Secretary of State, in coordination with local elections officials, shall establish and maintain an electronic free-access system which uses the telephone, electronic mail or the Internet so that a covered voter may determine whether:

     1.  The covered voter’s federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

 


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     2.  The covered voter’s military-overseas ballot has been received and the current status of the military-overseas ballot.

     Sec. 24.  1.  The local elections official shall request an electronic-mail address from each covered voter who registers to vote. An electronic-mail address provided by a covered voter is confidential and is not a public book or record within the meaning of NRS 239.010. A local elections official may not release a covered voter’s electronic-mail address to a third party. A local elections official may use the address only to communicate with the covered voter about the voting process, including transmitting military-overseas ballots and election materials if the covered voter has requested electronic transmission, and verifying the covered voter’s mailing address and physical location, as needed. A request for an electronic-mail address under this subsection must describe the purpose for which the electronic-mail address will be used and state that any other use or disclosure is prohibited.

     2.  A covered voter who provides an electronic-mail address may request that his or her application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December 31 of the year following the calendar year of the date of the application or another shorter period the covered voter specifies. The local elections official shall provide a military-overseas ballot to a covered voter who makes a request for each election to which the request is applicable. A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is also entitled to receive a military-overseas ballot for the general election.

     Sec. 25.  A local elections official who establishes and maintains an Internet website shall make updated versions of his or her election notices regularly available on the website.

     Sec. 26.  If a covered voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonessential requirement, including, without limitation, using paper or envelopes of a specified size or weight, does not invalidate any document submitted under this chapter. In any write-in ballot authorized by this chapter, if the intention of the covered voter is discernable under this State’s uniform definition of what constitutes a vote, as required by the Help America Vote Act of 2002, 42 U.S.C. § 15481(a)(6), an abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party must be accepted as a valid vote.

     Sec. 27.  A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, this chapter on application by:

     1.  A covered voter alleging a grievance under this chapter; or

     2.  The Secretary of State or a local elections official.

     Sec. 28.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff et seq.

     Sec. 29.  This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

 


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U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

     Sec. 30.  NRS 293.250 is hereby amended to read as follows:

     293.250  1.  [The] Except as otherwise provided in sections 2 to 29, inclusive, of this act, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:

     (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.

     (b) The procedure to be followed when a computer is used to register voters and to keep records of registration.

     2.  [The] Except as otherwise provided in sections 2 to 29, inclusive, of this act, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

     (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

     (b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.

     3.  The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

     4.  The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.

     5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.

     6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

     7.  A county clerk:

     (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

     (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

     Sec. 31.  NRS 293.270 is hereby amended to read as follows:

     293.270  1.  Voting at any election regulated by this title must be on printed ballots or by any other system approved by the Secretary of State or specifically authorized by law.

 


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     2.  Except as otherwise provided in [NRS 293.3155,] sections 2 to 29, inclusive, of this act, voting must be only upon candidates whose names appear upon the ballot prepared by the election officers, and no person may write in the name of an additional candidate for any office.

     Sec. 32.  NRS 293.310 is hereby amended to read as follows:

     293.310  1.  Except as otherwise provided in NRS 293.330 [,] and sections 2 to 29, inclusive, of this act, a registered voter who requests and receives an absent voter’s ballot may vote only by absent ballot at the election for which the absent ballot was issued.

     2.  If a registered voter has requested an absent ballot and the ballot has been mailed or issued, the county clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.

     Sec. 33.  (Deleted by amendment.)

     Sec. 34.  NRS 293.320 is hereby amended to read as follows:

     293.320  [1.]  The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county.

     [2.  Armed Forces personnel and overseas citizens who are not registered to vote and are applying for absent ballots must complete:

     (a) The application to register to vote required by NRS 293.517 for registration;

     (b) The form provided by the Federal Government for registration and request of an absent ballot, pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.; or

     (c) A special absent ballot used only for purposes of registering the person to vote,

Ê before receiving an absent ballot.

     3.  If the county clerk rejects an application submitted pursuant to subsection 2, the county clerk shall inform the applicant of the reason for the rejection.]

     Sec. 35.  NRS 293.323 is hereby amended to read as follows:

     293.323  1.  Except as otherwise provided in subsection 2 and [NRS 293.3157,] sections 2 to 29, inclusive, of this act, if the request for an absent ballot is made by mail or facsimile machine, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:

     (a) An absent ballot;

     (b) A return envelope;

     (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

     (d) An identification envelope, if applicable ; [pursuant to NRS 293.3157;] and

     (e) Instructions.

     2.  If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the county clerk or submit the absent ballot by facsimile machine.

 


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     3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

     4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and [NRS 293.3157.] sections 2 to 29, inclusive, of this act.

     5.  Before depositing a ballot in the mail or sending a ballot by facsimile machine, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voter’s precinct or district, and political affiliation, if any, the number of the ballot and any remarks the county clerk finds appropriate.

     6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

     Sec. 36.  NRS 293.330 is hereby amended to read as follows:

     293.330  1.  Except as otherwise provided in [NRS 293.3157 and] subsection 2 of NRS 293.323 and sections 2 to 29, inclusive, of this act, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail the return envelope.

     2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

     (a) The office of the county clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

     (b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

     3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

     (a) Provides satisfactory identification;

     (b) Is a registered voter who is otherwise entitled to vote; and

     (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

     4.  Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voter’s family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

 


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     Sec. 37.  NRS 293.517 is hereby amended to read as follows:

     293.517  1.  Any elector residing within the county may register:

     (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to vote, and providing proof of residence and identity;

     (b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;

     (c) Pursuant to the provisions of NRS [293.501 or] 293.524 [;] or sections 2 to 29, inclusive, of this act; or

     (d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering the person. If the applicant registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083. For the purposes of this subsection, a voter registration card issued pursuant to subsection 6 does not provide proof of the residence or identity of a person.

     2.  The application to register to vote must be signed and verified under penalty of perjury by the elector registering.

     3.  Each elector who is or has been married must be registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.

     4.  An elector who is registered and changes his or her name must complete a new application to register to vote. The elector may obtain a new application:

     (a) At the office of the county clerk or field registrar;

     (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

     (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or

     (d) At any voter registration agency.

Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

     5.  Except as otherwise provided in subsection 7, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.

     6.  After the county clerk determines that the application to register to vote of a person is complete and that , except as otherwise provided in section 13 of this act, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter which contains:

     (a) The name, address, political affiliation and precinct number of the voter;

     (b) The date of issuance; and

     (c) The signature of the county clerk.

 


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     7.  If an elector submits an application to register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application to register to vote if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application to register to vote of the elector is incomplete or that , except as otherwise provided in section 13 of this act, the elector is not eligible to vote pursuant to NRS 293.485. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the elector and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

     (a) The application to register to vote of the elector is complete and , except as otherwise provided in section 13 of this act, the elector is eligible to vote pursuant to NRS 293.485; and

     (b) The county clerk should proceed to process the application to register to vote.

Ê If the District Attorney advises the county clerk to process the application to register to vote, the county clerk shall immediately issue a voter registration card to the applicant pursuant to subsection 6.

     Sec. 38.  NRS 293.5235 is hereby amended to read as follows:

     293.5235  1.  Except as otherwise provided in NRS 293.502 [,] and sections 2 to 29, inclusive, of this act, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which the person resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

     2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

     3.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 10 and signing the application.

     4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

     5.  If the county clerk determines that the application is complete, he or she shall, within 10 days after receiving the application, mail to the applicant:

     (a) A notice that the applicant is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

     (b) A notice that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

     6.  Except as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

 


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clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

     (a) A notice that the applicant is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

     (b) A notice that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

Ê If the applicant does not provide the additional information within the prescribed period, the application is void.

     7.  The applicant shall be deemed to be registered or to have corrected the information in the register on the date the application is postmarked or received by the county clerk, whichever is earlier.

     8.  If the applicant fails to check the box described in paragraph (b) of subsection 10, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at the assigned polling place.

     9.  The Secretary of State shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this State.

     10.  The application to register to vote by mail must include:

     (a) A notice in at least 10-point type which states:

 

      NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.

 

     (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

     (c) The question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

     (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in paragraph (b) or (c).

     (e) A statement informing the applicant that if the application is submitted by mail and the applicant is registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.

     11.  Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

     12.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on the application to register to vote in the manner set forth in NRS 293.530.

 


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     13.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

     14.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

     15.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

     16.  A person who willfully violates any of the provisions of subsection 13, 14 or 15 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     17.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

     Sec. 39.  NRS 293.560 is hereby amended to read as follows:

     293.560  1.  Except as otherwise provided in NRS 293.502 [,] and sections 15 and 16 of this act, registration must close at 9 p.m. on the third Tuesday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the third Tuesday preceding the day of the elections.

     2.  The office of the county clerk must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

     (a) In a county whose population is less than 100,000, the office of the county clerk must be open during the last day before registration closes.

     (b) In all other counties, the office of the county clerk must be open during the last 5 days before registration closes.

     3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

     (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

           (1) The day that registration will be closed; and

           (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

     (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

     4.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

     5.  For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only by appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035.

 


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general election, an elector may register to vote only by appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035.

     6.  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

     Sec. 40.  NRS 293C.265 is hereby amended to read as follows:

     293C.265  1.  Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered to vote pursuant to the provisions of NRS 293.5235 shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

     2.  The provisions of subsection 1 do not apply to a person who:

     (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;

     (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293C.317 or 293C.318 [;] or sections 2 to 29, inclusive, of this act;

     (c) Is disabled;

     (d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

     (e) Requests an absent ballot in person at the office of the city clerk.

     Sec. 41.  NRS 293C.320 is hereby amended to read as follows:

     293C.320  [1.]  The city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper city.

     [2.  Armed Forces personnel and overseas citizens who are not registered to vote and are applying for absent ballots must complete:

     (a) The application to register to vote required by NRS 293.517 for registration;

     (b) The form provided by the Federal Government for registration and request of an absent ballot, pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.; or

     (c) A special absent ballot used only for purposes of registering the person to vote,

Ê before receiving an absent ballot.]

     Sec. 42.  NRS 293C.322 is hereby amended to read as follows:

     293C.322  1.  Except as otherwise provided in subsection 2 and [NRS 293C.315,] sections 2 to 29, inclusive, of this act, if the request for an absent ballot is made by mail or facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:

     (a) An absent ballot;

     (b) A return envelope;

     (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

     (d) [An identification envelope, if applicable pursuant to NRS 293C.315; and

 


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     (e)] Instructions.

     2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the city clerk or submit the absent ballot by facsimile machine.

     3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

     4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 . [and NRS 293C.315.]

     5.  Before depositing a ballot with the United States Postal Service or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voter’s precinct or district, the number of the ballot and any remarks the city clerk finds appropriate.

     6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

     Sec. 43.  NRS 293C.330 is hereby amended to read as follows:

     293C.330  1.  Except as otherwise provided in [NRS 293C.315 and] subsection 2 of NRS 293C.322 and sections 2 to 29, inclusive, of this act, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail the return envelope.

     2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

     (a) The office of the city clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

     (b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

     3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

     (a) Provides satisfactory identification;

     (b) Is a registered voter who is otherwise entitled to vote; and

     (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

     4.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voter’s family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot.

 


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ê2011 Statutes of Nevada, Page 1931 (Chapter 343, AB 100)ê

 

on a form prescribed by the city clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     Sec. 44.  NRS 293C.527 is hereby amended to read as follows:

     293C.527  1.  Except as otherwise provided in NRS 293.502 [,] and sections 15 and 16 of this act, registration must close at 9 p.m. on the third Tuesday preceding any primary city election or general city election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close at 9 p.m. on the third Tuesday preceding the day of the elections.

     2.  The office of the city clerk must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration before a primary city election or general city election, according to the following schedule:

     (a) In a city whose population is less than 25,000, the office of the city clerk must be open during the last 3 days before registration closes.

     (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 5 days before registration closes.

     3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

     (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

           (1) The day that registration will be closed; and

           (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

     (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

     4.  For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only by appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520.

     5.  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

     Sec. 45.  NRS 293.106, 293.3155, 293.3157, 293.501 and 293C.315 are hereby repealed.

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ê2011 Statutes of Nevada, Page 1932ê

 

CHAPTER 344, AB 148

Assembly Bill No. 148–Assemblymen Mastroluca, Ohrenschall, Smith, Bobzien; Benitez-Thompson, Conklin, Dondero Loop, Flores, Frierson, Horne and Pierce

 

CHAPTER 344

 

[Approved: June 13, 2011]

 

AN ACT relating to the protection of children; requiring a law enforcement agency to determine whether an infant who is relinquished to a provider of emergency services has been reported as a missing child; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law allows the parent of a child who is not more than 30 days old to take the child to a provider of emergency services and leave the child with the provider of emergency services without the intent to return for the child. In such cases, the child so delivered is presumed abandoned. The parent of the child is not required to provide any information regarding the child and, unless there is reasonable cause to believe that the child has otherwise been abused or neglected, will not be investigated for abuse or neglect. The provider of emergency services is required to inform an agency which provides child welfare services that the provider has taken possession of the child within 24 hours after doing so. (NRS 432B.630) Existing law requires the agency which provides child welfare services, upon receiving such notice, to immediately place the child in protective custody. (NRS 432B.390) This bill requires the provider of emergency services to also notify a law enforcement agency within 24 hours after the provider takes possession of an abandoned child and requires the law enforcement agency to notify the Clearinghouse of missing children established by the Attorney General and to investigate further, if necessary, to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency is required to inform the agency which provides child welfare services of its determination, and the agency is required to maintain that information for statistical and research purposes.

 

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 432B.630 is hereby amended to read as follows:

     432B.630  1.  A provider of emergency services shall take immediate possession of a child who is or appears to be not more than 30 days old:

     (a) When:

           (1) The child is voluntarily delivered to the provider by a parent of the child; and

           (2) The parent does not express an intent to return for the child; or

     (b) When the child is delivered to the provider by another provider of emergency services pursuant to paragraph (b) of subsection 2.

     2.  A provider of emergency services who takes possession of a child pursuant to subsection 1 shall:

     (a) Whenever possible, inform the parent of the child that:

           (1) By allowing the provider to take possession of the child, the parent is presumed to have abandoned the child;

 


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ê2011 Statutes of Nevada, Page 1933 (Chapter 344, AB 148)ê

 

           (2) By failing or refusing to provide an address where the parent can be located, the parent waives any notice of the hearing to be conducted pursuant to NRS 432B.470; and

           (3) Unless the parent contacts the local agency which provides child welfare services, action will be taken to terminate his or her parental rights regarding the child.

     (b) Perform any act necessary to maintain and protect the physical health and safety of the child. If the provider is a public fire-fighting agency or a law enforcement agency, the provider shall immediately cause the safe delivery of the child to a hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS.

     (c) As soon as reasonably practicable but not later than 24 hours after the provider takes possession of the child, report that possession to an agency which provides child welfare services [.] and, if the provider is not a law enforcement agency, to a law enforcement agency. The law enforcement agency shall notify the Clearinghouse and investigate further, if necessary, using any other resources to determine whether the child has been reported as a missing child. Upon conclusion of the investigation, the law enforcement agency shall inform the agency which provides child welfare services of its determination. The agency which provides child welfare services shall maintain that information for statistical and research purposes.

     3.  A parent who delivers a child to a provider of emergency services pursuant to paragraph (a) of subsection 1:

     (a) Shall leave the child:

           (1) In the physical possession of a person who the parent has reasonable cause to believe is an employee of the provider; or

           (2) On the property of the provider in a manner and location that the parent has reasonable cause to believe will not threaten the physical health or safety of the child, and immediately contact the provider, through the local emergency telephone number or otherwise, and inform the provider of the delivery and location of the child. A provider of emergency services is not liable for any civil damages as a result of any harm or injury sustained by a child after the child is left on the property of the provider pursuant to this subparagraph and before the provider is informed of the delivery and location of the child pursuant to this subparagraph or the provider takes physical possession of the child, whichever occurs first.

     (b) Shall be deemed to have given consent to the performance of all necessary emergency services and care for the child.

     (c) Must not be required to provide any background or medical information regarding the child, but may voluntarily do so.

     (d) Unless there is reasonable cause to believe that the child has been abused or neglected, excluding the mere fact that the parent has delivered the child to the provider pursuant to subsection 1:

           (1) Must not be required to disclose any identifying information, but may voluntarily do so;

           (2) Must be allowed to leave at any time; and

           (3) Must not be pursued or followed.

     4.  As used in this section [, “provider] :

     (a) “Clearinghouse” has the meaning ascribed to it in NRS 432.150.

     (b) “Provider of emergency services” means:

 


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ê2011 Statutes of Nevada, Page 1934 (Chapter 344, AB 148)ê

 

     [(a)] (1) A hospital, an obstetric center or an independent center for emergency medical care licensed pursuant to chapter 449 of NRS;

     [(b)] (2) A public fire-fighting agency; or

     [(c)] (3) A law enforcement agency.

     Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 345, AB 247

Assembly Bill No. 247–Assemblymen Goicoechea; Grady and Hansen

 

CHAPTER 345

 

[Approved: June 13, 2011]

 

AN ACT relating to vehicles; authorizing an agricultural user to apply to the Motor Carrier Division of the Department of Motor Vehicles for the issuance of a license plate and decal to operate a farm tractor or self-propelled implement of husbandry on a highway in this State under certain circumstances; requiring the license plate to be displayed on the farm tractor or self-propelled implement of husbandry in a certain manner; authorizing the Department to issue a replacement license plate or decal upon the payment of a fee if a license plate or decal is lost or destroyed; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, every owner of a motor vehicle, trailer or semitrailer that is intended to be operated upon any highway in this State is required, before operating the motor vehicle, trailer or semitrailer, to apply to the Department of Motor Vehicles to register the motor vehicle, trailer or semitrailer. (NRS 482.205) Existing law exempts an implement of husbandry from the registration requirement if the implement of husbandry is temporarily drawn, moved or otherwise propelled upon a highway. (NRS 482.210) This bill authorizes a person who is an agricultural user and who wishes to obtain a license plate and decal to operate a farm tractor or self-propelled implement of husbandry on the highways of this State to submit an application to the Motor Carrier Division of the Department of Motor Vehicles. An “agricultural user” is defined to mean a person who owns or operates a farm tractor or self-propelled implement of husbandry for a certain type of agricultural use. This bill requires the Department to issue a license plate and decal for the farm tractor or self-propelled implement of husbandry as soon as practicable after the Department receives the application, applicable fee and appropriate evidence of insurance. This bill also authorizes an agricultural user to submit an application for the renewal of a license plate and decal for a farm tractor or self-propelled implement of husbandry. An application for renewal must include the applicable fee and appropriate evidence of insurance. Finally, this bill authorizes the Department to issue a new license plate or decal for a farm tractor or self-propelled implement of husbandry if the license plate or decal is lost or destroyed and specifies that a certificate of compliance or vehicle inspection report concerning the control of emissions is not required for the farm tractor or self-propelled implement of husbandry.

 


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ê2011 Statutes of Nevada, Page 1935 (Chapter 345, AB 247)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 482 of NRS is hereby amended by adding thereto a new section to read as follows:

     Notwithstanding any provision of this chapter to the contrary:

     1.  Any agricultural user who wishes to obtain a license plate and decal to operate a farm tractor or self-propelled implement of husbandry on the highways of this State may submit an application to the Motor Carrier Division of the Department. Each application must be made upon the appropriate form furnished by the Department. The application must include a nonrefundable fee of $20.50 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance which provides at least $300,000 in coverage for bodily injury and property damage resulting from any single accident caused by the agricultural user while operating the farm tractor or self-propelled implement of husbandry. As soon as practicable after receiving the application, fee and evidence of insurance, the Department shall issue the license plate and decal to the agricultural user to affix to the farm tractor or self-propelled implement of husbandry. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal. The license plate and decal are not transferable and must be surrendered or returned to the Department within 60 days after:

     (a) A transfer of ownership or interest in the farm tractor or self-propelled implement of husbandry occurs; or

     (b) The decal expires pursuant to this subsection and the agricultural user fails to submit an application for renewal pursuant to subsection 2.

     2.  An application for the renewal of a license plate and decal issued pursuant to subsection 1 must be made upon the appropriate form furnished by the Department. The application for renewal must include a nonrefundable fee of $10 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance specified in subsection 1. As soon as practicable after receiving the application for renewal, fee and evidence of insurance, the Department shall issue a new decal to affix to the license plate. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal.

     3.  A license plate issued pursuant to subsection 1 must be displayed on the farm tractor or self-propelled implement of husbandry in such a manner that the license plate is easily visible from the rear of the farm tractor or self-propelled implement of husbandry. If the license plate is lost or destroyed, the Department may issue a replacement plate upon the payment of a fee of 50 cents. If the decal is lost or destroyed, the Department may, upon the payment of the fee specified in subsection 2, issue a replacement decal for the farm tractor or self-propelled implement of husbandry.

     4.  Notwithstanding any provision of chapter 445B of NRS to the contrary, an agricultural user is not required to obtain a certificate of compliance or vehicle inspection report concerning the control of emissions from a farm tractor or self-propelled implement of husbandry before obtaining a license plate and decal for or operating the farm tractor or self-propelled implement of husbandry pursuant to this section.

 


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ê2011 Statutes of Nevada, Page 1936 (Chapter 345, AB 247)ê

 

before obtaining a license plate and decal for or operating the farm tractor or self-propelled implement of husbandry pursuant to this section.

     5.  As used in this section, “agricultural user” means any person who owns or operates a farm tractor or self-propelled implement of husbandry specified in subsection 1 for an agricultural use. As used in this subsection, “agricultural use” has the meaning ascribed to it in NRS 361A.030.

     Secs. 2-12.  (Deleted by amendment.)

     Sec. 13.  This act becomes effective on January 1, 2014.

________

CHAPTER 346, AB 255

Assembly Bill No. 255–Committee on Commerce and Labor

 

CHAPTER 346

 

[Approved: June 13, 2011]

 

AN ACT relating to occupational safety; requiring the Division of Industrial Relations of the Department of Business and Industry to provide certain persons with specified information and notifications relating to an investigation of an accident which results in the death or, under certain circumstances, the injury of an employee; requiring the Division to use its best efforts to interview certain persons during an investigation of an accident which results in the death of an employee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Administrator of the Division of Industrial Relations of the Department of Business and Industry to inspect and investigate places of employment and conditions, equipment and structures therein. (NRS 618.325) Existing law also requires the Division to investigate certain accidents that result in the death or injury of employees. (NRS 618.378) Section 1 of this bill requires the Division, after an accident which results in the death of an employee or the hospitalization of three or more employees, to provide to the injured employees, the immediate families of the injured or deceased employees and the representatives of the injured or deceased employees a written description of their rights regarding an investigation of the accident. Section 1 also requires the Division to provide such persons with notice of certain events related to an investigation of the accident or proceedings concerning the accident.

       With regard to an accident which results in the death of an employee, existing law requires the Division and the Occupational Safety and Health Review Board to provide specified information and notifications to, and under certain circumstances to enter into discussions with, the immediate family of the deceased employee after a citation is issued regarding the accident. (NRS 618.480, 618.605) Section 3 of this bill requires the Division to use its best efforts to interview the immediate family of the deceased employee during an investigation of the fatal accident to obtain information relevant to the investigation.

 


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ê2011 Statutes of Nevada, Page 1937 (Chapter 346, AB 255)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 618 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If an accident occurs in the course of employment which is fatal to one or more employees or which results in the hospitalization of three or more injured employees, the Division shall, as soon as practicable:

     (a) Provide to each injured employee, the immediate family of each deceased or injured employee and each representative of each deceased or injured employee a written description of the rights of such persons with regard to an investigation of the accident; and

     (b) Notify each injured employee, the immediate family of each deceased or injured employee and each representative of each deceased or injured employee of:

           (1) The commencement by the Division of any investigation of the accident;

           (2) The result of any informal conference between the employer and the Division;

           (3) The finalization of any agreement between an employer and the Division which formally settles an issue related to the accident;

           (4) The issuance of any citation under the provisions of this chapter related to the accident;

           (5) The receipt by the Division of notice from an employer that the employer wishes to contest or appeal any action or decision of the Division which relates to the accident; and

           (6) The completion by the Division and, if applicable, the Board of any investigation of the accident and any proceeding related to the accident.

     2.  As used in this section, “representative of each deceased or injured employee” means:

     (a) A person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer of the employee and represents the employee.

     (b) An attorney acting on behalf of the employee.

     (c) A person designated by a court to act as the official representative for the employee or the estate of the employee.

     Sec. 2.  NRS 618.315 is hereby amended to read as follows:

     618.315  1.  The Division has authority over working conditions in all places of employment except as limited by subsection 2.

     2.  The authority of the Division does not extend to working conditions which:

     (a) Exist in household domestic service;

     (b) Exist in motor vehicles operating on public highways of this State; or

     (c) Are regulated pursuant to the Federal Mine Safety and Health Act of 1977 , [(] 30 U.S.C. §§ 801 et seq. , [),] the Federal Safety [Appliances] Appliance Act [(45] , 49 U.S.C. §§ [1] 20301 et seq. , [)] or the Federal Railroad Safety Act of 1970 [(45] , 49 U.S.C. §§ [421] 20101 et seq. [).] , and any amendments thereto.

 


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ê2011 Statutes of Nevada, Page 1938 (Chapter 346, AB 255)ê

 

     3.  The Division may:

     (a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the Division.

     (b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.

     (c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.

     (d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.

     (e) [Provide] Except as otherwise provided in NRS 618.480, provide the method and frequency of making investigations, examinations and inspections.

     (f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications.

     (g) Furnish blank forms upon request.

     (h) Provide for adequate notice to each employer or employee of his or her right to administrative review of any action or decision of the Division as set forth in NRS 618.475 and 618.605 and to judicial review.

     (i) Consult with the Health Division of the Department of Health and Human Services with respect to occupational health matters in chapter 617 of NRS.

     (j) Appoint and fix the compensation of advisers who shall assist the Division in establishing standards of safety and health. The Division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.

     Sec. 3.  NRS 618.480 is hereby amended to read as follows:

     618.480  1.  [If, after] During an investigation of an accident occurring in the course of employment which is fatal to one or more employees, the Division shall use its best efforts to interview the immediate family of each deceased employee to obtain any information relevant to the investigation, including, without limitation, information which the deceased employee shared with the immediate family.

     2.  If, after the investigation of the accident, the Division issues a citation under the provisions of this chapter, the Division shall offer to enter into a discussion with the immediate family of each deceased employee within a reasonable time after the Division issues the citation.

     [2.]  3.  During the discussion [,] described in subsection 2, the Division shall provide each family with:

     (a) Information regarding the citation and abatement process;

     (b) Information regarding the means by which the family may obtain a copy of the final incident report and abatement decision of the Division; and

 


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ê2011 Statutes of Nevada, Page 1939 (Chapter 346, AB 255)ê

 

     (c) Any other information that the Division deems relevant and necessary to inform the family of the outcome of the investigation by the Division.

     Sec. 4.  This act becomes effective on January 1, 2012.

________

CHAPTER 347, AB 359

Assembly Bill No. 359–Assemblymen Goicoechea; and Grady

 

Joint Sponsor: Senator Settelmeyer

 

CHAPTER 347

 

[Approved: June 13, 2011]

 

AN ACT relating to energy; revising the categories of uses, capacity goals and prospective expiration of the Waterpower Energy Systems Demonstration Program; revising provisions governing net metering for waterpower energy systems; revising provisions governing net metering for certain wind energy systems; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Waterpower Energy Systems Demonstration Program was established for agricultural uses with a goal of the installation of not less than 500 kilowatts of waterpower energy systems in this State by 2012. (NRS 701B.820, 701B.840) The Waterpower Program is currently set to expire on June 30, 2011. Section 1 of this bill expands the Waterpower Program to encompass Indian tribes and tribal organizations that are customers of a utility. Section 2 of this bill increases the capacity goals for the Waterpower Program, and sections 9-11 of this bill extend the Waterpower Program until June 30, 2016. Section 6 of this bill authorizes a person who installs a waterpower energy system to participate in net metering if the waterpower energy system is located on property owned by the customer-generator and generates electricity primarily intended to offset the customer-generator’s requirements for electricity on that property or contiguous property owned by the customer-generator. Section 6 also authorizes certain persons who install certain wind energy systems on property owned or leased by an institution of higher education in this State to participate in net metering. Section 3.7 of this bill provides that persons who own or operate such wind energy systems are not considered public utilities.

 

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 701B.820 is hereby amended to read as follows:

     701B.820  1.  The Waterpower Energy Systems Demonstration Program is hereby created.

     2.  The Waterpower Demonstration Program is created for [agricultural uses.] :

     (a) Agricultural uses; and

     (b) Indian tribes and tribal organizations that are customers of a utility.

 


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ê2011 Statutes of Nevada, Page 1940 (Chapter 347, AB 359)ê

 

     3.  To be eligible to participate in the Waterpower Demonstration Program, a person must meet the qualifications established pursuant to subsection 4, apply to a utility and be selected by the utility for inclusion in the Waterpower Demonstration Program.

     4.  The Commission shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Waterpower Demonstration Program.

     Sec. 2.  NRS 701B.840 is hereby amended to read as follows:

     701B.840  The Commission shall adopt regulations that establish:

     1.  The capacity goals for the Program, which must be designed to meet the goal of the Legislature of the installation of not less than [500 kilowatts of waterpower energy systems in this State by 2012] 5 megawatts of waterpower energy systems in this State by 2016 and the goals for each category of the Program. The regulations must provide that not less than 1 megawatt of capacity must be set aside for the installation of waterpower energy systems with a nameplate capacity of 100 kilowatts or less.

     2.  A system of incentives that are based on rebates that decline as the capacity goals for the Program and the goals for each category of the Program are met. The rebates must be based on predicted energy savings.

     3.  The procedure for claiming incentives, including, without limitation, the form and content of the incentive claim form.

     Sec. 3.  (Deleted by amendment.)

     Sec. 3.5.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

     “Contiguous” means either abutting directly on the boundary or separated by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation.

     Sec. 3.7.  NRS 704.021 is hereby amended to read as follows:

     704.021  “Public utility” or “utility” does not include:

     1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

     2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

     (a) They serve 25 persons or less; and

     (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.

     3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

     4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

     5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

 


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ê2011 Statutes of Nevada, Page 1941 (Chapter 347, AB 359)ê

 

     6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

     7.  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

     8.  Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

     9.  Persons who own or operate a net metering system described in paragraph (c) of subsection 1 of NRS 704.771.

     10.  Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:

     (a) Located on the premises of another person;

     (b) Used to produce not more than 150 percent of that other person’s requirements for electricity on an annual basis for the premises on which the individual system is located; and

     (c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.

Ê As used in this subsection, “renewable energy” has the meaning ascribed to it in NRS 704.7811.

     Sec. 4.  NRS 704.766 is hereby amended to read as follows:

     704.766  It is hereby declared to be the purpose and policy of the Legislature in enacting NRS 704.766 to 704.775, inclusive, and section 3.5 of this act to:

     1.  Encourage private investment in renewable energy resources;

     2.  Stimulate the economic growth of this State;

     3.  Enhance the continued diversification of the energy resources used in this State; and

     4.  Streamline the process for customers of a utility to apply for and install net metering systems.

     Sec. 5.  NRS 704.767 is hereby amended to read as follows:

     704.767  As used in NRS 704.766 to 704.775, inclusive, and section 3.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.768 to 704.772, inclusive, and section 3.5 of this act have the meanings ascribed to them in those sections.

     Sec. 6.  NRS 704.771 is hereby amended to read as follows:

     704.771  1.  “Net metering system” means [a] :

     (a) A facility or energy system for the generation of electricity that:

     [(a)] (1) Uses renewable energy as its primary source of energy to generate electricity;

     [(b)] (2) Has a generating capacity of not more than 1 megawatt;

     [(c)] (3) Is located on the customer-generator’s premises;

     [(d)] (4) Operates in parallel with the utility’s transmission and distribution facilities; and

     [(e)] (5) Is intended primarily to offset part or all of the customer-generator’s requirements for electricity [.] ;

 


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     (b) A facility or energy system for the generation of electricity that:

           (1) Uses waterpower as its primary source of energy to generate electricity;

           (2) Is located on property owned by the customer-generator;

           (3) Has a generating capacity of not more than 1 megawatt;

           (4) Generates electricity that is delivered to the transmission and distribution facilities of the utility; and

           (5) Is intended primarily to offset all or part of the customer-generator’s requirements for electricity on that property or contiguous property owned by the customer-generator; or

     (c) A facility or energy system for the generation of electricity:

           (1) Which uses wind power as its primary source of energy to generate electricity;

          (2) Which is located on property owned or leased by an institution of higher education in this State;

           (3) Which has a generating capacity of not more than 1 megawatt;

           (4) Which operates in parallel with the utility’s transmission and distribution facilities;

           (5) Which is intended primarily to offset all or part of the customer-generator’s requirements for electricity on that property or on contiguous property owned or leased by the customer-generator;

           (6) Which is used for research and workforce training; and

           (7) The construction or installation of which is commenced on or before December 31, 2011, and is completed on or before December 31, 2012.

     2.  The term does not include a facility or energy system for the generation of electricity which has a generating capacity that exceeds the greater of:

     (a) The limit on the demand that the class of customer of the customer-generator may place on the system of the utility; or

     (b) One hundred [fifty] percent of the [peak demand of the customer.] customer-generator’s annual requirements for electricity.

     Sec. 7.  NRS 704.773 is hereby amended to read as follows:

     704.773  1.  A utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area until the cumulative capacity of all such net metering systems is equal to 1 percent of the utility’s peak capacity.

     2.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than [100] 25 kilowatts, the utility:

     (a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.

     (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

     (c) Shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

     3.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than [100] 25 kilowatts, the utility:

 


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     (a) May require the customer-generator to install at its own cost:

           (1) An energy meter that is capable of measuring generation output and customer load; and

           (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.

     (b) Except as otherwise provided in paragraph (c), may charge the customer-generator any applicable fee or charge charged to other customers of the utility in the same rate class as the customer-generator, including, without limitation, customer, demand and facility charges.

     (c) Shall not charge the customer-generator any standby charge.

Ê At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by this subsection to pay the entire cost of the installation or upgrade of the portion of the net metering system.

     4.  If the net metering system of a customer-generator is a net metering system described in paragraph (b) or (c) of subsection 1 of NRS 704.771 and:

     (a) The system is intended primarily to offset part or all of the customer-generator’s requirements for electricity on property contiguous to the property on which the net metering system is located; and

     (b) The customer-generator sells or transfers his or her interest in the contiguous property,

Ê the net metering system ceases to be eligible to participate in net metering.

     5.  The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:

     (a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:

           (1) Metering equipment;

           (2) Net energy metering and billing; and

           (3) Interconnection,

Ê based on the allowable size of the net metering system.

     (b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.

     (c) A timeline for processing applications and contracts for net metering applicants.

     (d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive [.] , and section 3.5 of this act.

     Sec. 8.  (Deleted by amendment.)

     Sec. 8.5.  NRS 704.7815 is hereby amended to read as follows:

     704.7815  “Renewable energy system” means:

     1.  A facility or energy system that uses renewable energy or energy from a qualified energy recovery process to generate electricity and:

     (a) Uses the electricity that it generates from renewable energy or energy from a qualified recovery process in this State; or

     (b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process to a provider of electric service for delivery into and use in this State.

 


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     2.  A solar energy system that reduces the consumption of electricity or any fossil fuel.

     3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive [.] , and section 3.5 of this act.

     Sec. 9.  Section 113 of chapter 509, Statutes of Nevada 2007, at page 2999, is hereby amended to read as follows:

      Sec. 113.  1.  This act becomes effective:

      (a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and

      (b) For all other purposes besides those described in paragraph (a):

           (1) For this section and sections 1, 30, 32, 36 to 46, inclusive, 49, 51 to 61, inclusive, 107, 109, 110 and 111 of this act, upon passage and approval.

           (2) For sections 1.5 to 29, inclusive, 43.5, 47, 51.3, 51.7, 108, 112 and 112.5 of this act, on July 1, 2007.

           (3) For sections 62 to 106, inclusive, of this act, on October 1, 2007.

           (4) For sections 31, 32.3, 32.5, 32.7, 33, 34 and 35 of this act, on January 1, 2009.

           (5) For section 48 of this act, on January 1, 2010.

           (6) For section 50 of this act, on January 1, 2011.

      2.  Sections 62 to [106,] 86, inclusive, of this act expire by limitation on June 30, 2011.

      3.  Sections 87 to 105, inclusive, of this act expire by limitation on June 30, 2016.

     Sec. 10.  Section 13 of chapter 246, Statutes of Nevada 2009, at page 1002, is hereby amended to read as follows:

      Sec. 13.  1.  This act becomes effective on July 1, 2009.

      2.  [Sections 2 and 3] Section 2 of this act [expire] expires by limitation on June 30, 2011.

      3.  Section 3 of this act expires by limitation on June 30, 2016.

     Sec. 11.  Section 21 of chapter 321, Statutes of Nevada 2009, at page 1410, is hereby amended to read as follows:

      Sec. 21.  1.  This section and sections 1 to 1.51, inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1.51, 1.85, 1.87, 1.92, 1.93 [, 1.95,] and 4.3 to [9,] 7, inclusive, [and 19.4] of this act expire by limitation on June 30, 2011.

      3.  [Sections 1.53 and 19.8] Section 1.53 of this act [become] becomes effective on July 1, 2011.

      4.  Sections 1.95 and 7.1 to 9, inclusive, of this act expire by limitation on June 30, 2016.

      5.  Section 19.8 of this act becomes effective on July 1, 2016.

     Sec. 12.  1.  This section and sections 9, 10 and 11 of this act become effective upon passage and approval.

     2.  Sections 1 to 8.5, inclusive, of this act become effective on July 1, 2011.

     3.  Sections 1 and 2 of this act expire by limitation on June 30, 2016.

________

 


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CHAPTER 348, AB 432

Assembly Bill No. 432–Assemblywomen Kirkpatrick and Benitez-Thompson

 

CHAPTER 348

 

[Approved: June 13, 2011]

 

AN ACT relating to energy auditors; establishing the qualifications for an energy auditor; providing for the licensure of energy auditors by the Real Estate Division of the Department of Business and Industry; establishing the requirements with which an energy auditor must comply when conducting an energy audit; repealing provisions that require the Nevada Energy Commissioner to establish a program for evaluating the energy consumption of residential property in this State; making an appropriation; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Nevada Energy Commissioner to establish a program for evaluating energy consumption in residential property in this State and requires a seller to provide a copy of this evaluation to a purchaser of his or her property. (NRS 113.115, 701.250) This bill repeals those provisions. Instead, section 5 of this bill provides for the licensure of energy auditors by the Real Estate Division of the Department of Business and Industry and establishes the training and qualifications an energy auditor must have to be licensed to conduct energy audits in this State. Section 6 of this bill establishes the requirements for conducting an energy audit, limited energy audit or energy assessment, including, without limitation, the elements of the home which must be evaluated, the software and tools the energy auditor must use and the report the energy auditor must provide to the homeowner and the United States Department of Energy.

       Sections 7-28 of this bill are technical amendments required to carry out the administration of the licensure of the energy auditors, including making the provision of energy audits without a license a misdemeanor. In addition, section 28 makes it a category E felony to attempt to obtain a license as an energy auditor through intentional misrepresentation, deceit or fraud. Section 30.5 of this bill makes an appropriation to the Real Estate Division for personnel and other costs associated with licensing energy auditors.

 

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 645D of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

     Sec. 2.  “Energy audit” means a consultation to improve the energy efficiency of a home conducted pursuant to section 6 of this act.

     Sec. 3.  “Energy auditor” means a person who is licensed pursuant to this chapter, or regulated by the Public Utilities Commission of Nevada, to conduct energy audits of homes.

     Sec. 4.  “License” means a license issued to an energy auditor pursuant to this chapter.

     Sec. 5.  1.  The Administrator shall issue a license to any person who:

 


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     (a) Is of good moral character, honesty and integrity;

     (b) Holds a certification or accreditation from an organization approved by the Administrator;

     (c) Has successfully completed not less than 40 hours of training and practice in the following areas:

           (1) Building science and working with a home as a system, including, without limitation, training in making recommendations based on the proper loading order of improvements;

           (2) The transfer of heat;

           (3) Testing building performance;

           (4) Air distribution and leakage;

           (5) The calculation of gross and net areas;

           (6) Energy terms and definitions;

           (7) Concerns relating to combustion appliances;

           (8) Envelope leakage, thermal bypass and thermal bridging;

           (9) The presence or absence of insulation and, when observable, the quality of its installation;

           (10) The recommended levels of insulation for different climate zones;

           (11) Determinations of the efficiency of heating, ventilating and air-conditioning equipment from model numbers and default tables;

           (12) The strengths and weaknesses, drivers and sensitivities of major types of heating, ventilating and air-conditioning systems;

           (13) Estimations of the efficiency of household appliances based on their model numbers or age;

           (14) Energy, power, heat-conductivity or resistance and temperature units and key conversion factors;

           (15) Measuring building dimensions;

           (16) Identification and documentation of inspected features of the home during an energy audit;

           (17) Basics of specifications;

           (18) Determination of the efficiency of windows and doors;

           (19) Determination of the orientation of buildings and the characteristics of the shading around them;

           (20) Defining the thermal boundary and making appropriate recommendations for changing it; and

           (21) The basic concepts of measure interaction, expected life and bundling for optimal performance when the home is considered as a system and taking into consideration the need for savings;

     (d) Has submitted proof that the person or his or her employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190; and

     (e) Has submitted all information required to complete an application for a license.

     2.  The Administrator may deny an application for a license to any person who:

     (a) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

     (b) Makes a false statement of a material fact on the application;

 


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     (c) Has had a license suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of application;

     (d) Does not possess the training or certification required pursuant to subsection 1; or

     (e) Has not submitted proof that the person or his or her employer holds a policy of insurance that complies with the requirements of subsection 1 of NRS 645D.190.

     Sec. 6.  1.  Except as otherwise provided in subsection 5, when conducting an energy audit, an energy auditor shall evaluate the entire home and must include, without limitation, in his or her evaluation:

     (a) A visual inspection, diagnostic overview and health and safety test of the energy features of the entire home;

     (b) Documentation of the general condition of the home, including, without limitation:

           (1) Envelope features and ages;

           (2) Types, characteristics and ages of equipment;

           (3) Characteristics of appliances and lighting; and

           (4) Any anticipated remediation issues, including, without limitation, moisture or combustion appliance problems;

     (c) An assessment of the performance and efficiency of the building airflow and indoor air quality and ventilation, including, without limitation:

           (1) Any visible sources of indoor air pollution;

           (2) The flow rate of exhaust fans and whether the clothes dryer vent is properly vented; and

           (3) An evaluation of the connection of any attached garage to the home for possible air leaks;

     (d) An assessment of the control of moisture in the home, including, without limitation:

           (1) A visual identification of any moisture present from roof leaks, wall penetrations or door or window openings; and

           (2) An identification of any potential areas where mold may grow;

     (e) An estimation of U-factors and solar heat gain coefficients of the windows and doors;

     (f) An evaluation of the efficiency of the heating and cooling of the home, including, without limitation, the performance and efficiency of any:

           (1) Furnace;

           (2) Air-conditioning system;

           (3) Heat pump;

           (4) Air duct system;

           (5) Thermal insulation;

           (6) Boiler;

           (7) System for providing steam heat;

           (8) Hot water heater; or

           (9) Heating, ventilating and air-conditioning system;

     (g) An analysis of the base load energy use and advice to clients on reduction strategies, including, without limitation, an examination of:

           (1) The utility use and the billing history for the immediately preceding 12 months;

           (2) The efficiency of major appliances;

           (3) Lighting efficiency and alternatives; or

 


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           (4) The energy used by any pool or spa; and

     (h) Testing of combustion appliances in accordance with the standards issued by the American National Standards Institute or the American Society for Testing and Materials.

     2.  After conducting an energy audit, an energy auditor shall prepare and provide to the homeowner and the United States Department of Energy a report based upon the energy audit that includes, without limitation:

     (a) Any energy programs, incentives, regulations, energy costs or fuel types which apply to the homeowner;

     (b) A specific recommendation that any combustion appliance which is post-retrofit be tested;

     (c) A prioritization of health and safety hazards in the home and recommendations for improvements according to their urgency and importance, in relation to any energy efficiency measures which have been installed;

     (d) Suggestions for home repairs and renovations based on a loading order that will maximize cost effectiveness and feasibility using computer software approved by the United States Department of Energy;

     (e) In addition to the provisions of paragraph (c), an identification of existing hazards and potential hazards which may develop, together with specific preventative measures; and

     (f) Measures to save energy and changes in the behavior of the homeowner to increase energy efficiency, including the use of consumer electronics.

     3.  An energy auditor shall not base an energy audit upon a single product line, the services of a contractor or his or her own convenience.

     4.  An energy auditor shall use survey and labeling software programs or rating tools for performing an energy audit which have been approved by the United States Department of Energy.

     5.  In lieu of an energy audit, an energy auditor may perform a limited energy audit or energy assessment of a home. If an energy auditor performs a limited energy audit or energy assessment, the energy auditor must comply with the requirements of subsections 2, 3 and 4. As used in this subsection:

     (a) “Energy assessment” means an evaluation of one or more of the appliances or systems listed in paragraph (f) of subsection 1.

     (b) “Limited energy audit” means an evaluation of a home which includes less than the entire home, but includes the provision of at least one of the services specified in paragraphs (a) to (e), inclusive, (g) or (h) of subsection 1.

     Sec. 7.  NRS 645D.010 is hereby amended to read as follows:

     645D.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645D.020 to 645D.080, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.

     Sec. 8.  NRS 645D.100 is hereby amended to read as follows:

     645D.100  The provisions of this chapter do not apply to:

     1.  A federal or state employee, or an employee of a local government, who prepares or communicates an inspection report or energy audit as part of his or her official duties, unless a certificate or license is required as a condition of his or her employment.

 


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     2.  A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

     3.  A board of appraisers acting pursuant to NRS 269.135.

     4.  A person licensed, certified or registered pursuant to chapter 645, 645C or 684A of NRS while performing an act within the scope of his or her license, certification or registration. For the purposes of this subsection, a person licensed, certified or registered pursuant to chapter 645C of NRS shall be deemed to be acting within the scope of his or her license, certification or registration while performing an appraisal prescribed by federal law that requires a statement of visual condition and while preparing or communicating a report of such an appraisal.

     5.  A person who makes an evaluation of an improvement as an incidental part of his or her employment for which special compensation is not provided, if that evaluation is only provided to his or her employer for internal use within the place of employment.

     6.  A person who provides an estimate of cost, repair or replacement of any improvements upon real estate.

     7.  Any person who reviews plans, performs inspections, prepares inspection reports or examines any component of a structure or construction pursuant to NRS 278.570 or 278.575.

     8.  An independent registered architect or a licensed professional engineer while performing an inspection pursuant to NRS 116.4106.

     Sec. 9.  NRS 645D.110 is hereby amended to read as follows:

     645D.110  1.  The Division shall administer the provisions of this chapter and may employ legal counsel, investigators and other professional consultants necessary to discharge its duties pursuant to this chapter.

     2.  An employee of the Division shall not:

     (a) Be employed by or have an interest in any business that prepares inspection reports [;] or energy audits;

     (b) Act as an inspector or as an agent for an inspector [.] ; or

     (c) Act as an energy auditor or as an agent for an energy auditor.

     Sec. 10.  NRS 645D.120 is hereby amended to read as follows:

     645D.120  The Division shall adopt:

     1.  Regulations prescribing the education and experience required to obtain a certificate.

     2.  Regulations prescribing a standard of practice and code of ethics for certified inspectors. Such regulations must establish a degree of care that must be exercised by a reasonably prudent certified inspector.

     3.  Regulations prescribing the education and experience required to obtain a license.

     4.  Such other regulations as are necessary for the administration of this chapter.

     Sec. 11.  NRS 645D.130 is hereby amended to read as follows:

     645D.130  1.  The Division shall maintain a record of:

     (a) Persons from whom it receives applications for a certificate [;] or license;

     (b) Investigations conducted by it that result in the initiation of formal disciplinary proceedings;

     (c) Formal disciplinary proceedings; and

     (d) Rulings or decisions upon complaints filed with it.

     2.  Except as otherwise provided in this section and NRS 645D.135, records kept in the office of the Division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the Division.

 


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the public for inspection pursuant to regulations adopted by the Division. The Division shall keep confidential, except as otherwise provided in NRS 239.0115 or unless otherwise ordered by a court, the criminal and financial records of an inspector , energy auditor or of an applicant for a certificate [.] or license.

     Sec. 12.  NRS 645D.135 is hereby amended to read as follows:

     645D.135  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a certificate or license issued pursuant to this chapter.

     2.  The complaint or other document filed by the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.

     Sec. 13.  NRS 645D.160 is hereby amended to read as follows:

     645D.160  1.  Any person who, in this state, engages in the business of, acts in the capacity of, or advertises or assumes to act as an inspector without first obtaining a certificate pursuant to this chapter is guilty of a misdemeanor.

     2.  Any person who, in this state, engages in the business of, acts in the capacity of, or advertises or assumes to act as an energy auditor without first obtaining a license pursuant to this chapter is guilty of a misdemeanor.

     3.  The Division may file a complaint in any court of competent jurisdiction for a violation of this section and assist in presenting the law or facts at any hearing upon the complaint.

     [3.] 4.  At the request of the Administrator, the Attorney General shall prosecute such a violation. Unless the violation is prosecuted by the Attorney General, the district attorney shall prosecute a violation that occurs in the county of the district attorney.

     Sec. 14.  NRS 645D.170 is hereby amended to read as follows:

     645D.170  An application for a certificate or license must be in writing upon a form prepared and furnished by the Division. The application must include the following information:

     1.  The name, age and address of the applicant.

     2.  The place or places, including the street number, city and county, at which the applicant intends to maintain an office to conduct business as an inspector [.] or energy auditor.

     3.  The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.

     4.  The applicant’s education and experience to qualify for a certificate [.] or license.

     5.  Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty, guilty but mentally ill or nolo contendere to:

 


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     (a) A felony and, if so, the nature of the felony.

     (b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

     6.  If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.

     7.  Any other information relating to the qualifications or background of the applicant that the Division requires.

     8.  All other information required to complete the application.

     Sec. 15.  NRS 645D.180 is hereby amended to read as follows:

     645D.180  1.  Each application for a certificate or license must be accompanied by the fee for the certificate or license and the fee to pay the costs of an investigation of the applicant’s background.

     2.  Each applicant must, as part of the application and at his or her own expense:

     (a) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

     (b) Submit to the Division:

           (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

           (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

     3.  The Division may:

     (a) Require more than one complete set of fingerprints;

     (b) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

     (c) Request from each such agency any information regarding the applicant’s background that the Division deems necessary.

     Sec. 16.  NRS 645D.190 is hereby amended to read as follows:

     645D.190  1.  The Administrator shall require each applicant for an original certificate or license and each applicant for renewal of a certificate or license to submit proof that the applicant or his or her employer holds a policy of insurance covering:

     (a) Liability for errors or omissions in an amount of not less than $100,000; and

     (b) General liability in an amount of not less than $100,000.

 


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     2.  Each certified inspector , energy auditor or his or her employer shall maintain a policy of insurance that complies with the requirements of subsection 1.

     Sec. 17.  NRS 645D.195 is hereby amended to read as follows:

     645D.195  1.  In addition to any other requirements set forth in this chapter:

     (a) A person who applies for the issuance of a certificate or license shall include the social security number of the applicant in the application submitted to the Administrator.

     (b) A person who applies for the issuance or renewal of a certificate or license shall submit to the Administrator the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

     2.  The Administrator shall include the statement required pursuant to subsection 1 in:

     (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate [;] or license; or

     (b) A separate form prescribed by the Administrator.

     3.  A certificate or license may not be issued or renewed by the Administrator if the applicant:

     (a) Fails to submit the statement required pursuant to subsection 1; or

     (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

     4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

     Sec. 18.  NRS 645D.210 is hereby amended to read as follows:

     645D.210  1.  If an application for a certificate or license is denied:

     (a) The Division shall notify the applicant within 15 days after its decision; and

     (b) The applicant may not reapply until he or she petitions the Division for leave to file another application. The Division may grant or deny that leave in its sole discretion.

     2.  If the applicant, within 30 days after receipt of the notice denying the application, files a written request containing allegations that, if true, qualify the applicant for a certificate [,] or license, the Administrator shall set the matter for a hearing before a hearing officer of the Division to be conducted within 60 days after receipt of the applicant’s request. The decision of the hearing officer is a final decision for the purposes of judicial review.

     Sec. 19.  NRS 645D.220 is hereby amended to read as follows:

     645D.220  The Division, upon the discovery of an error in the issuance of a certificate or license that is related to the qualifications or fitness of the holder thereof, may invalidate the certificate or license upon written notice to the holder.

 


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ê2011 Statutes of Nevada, Page 1953 (Chapter 348, AB 432)ê

 

to the holder. The holder shall surrender the certificate or license to the Division within 20 days after the notice is sent by the Division. A person whose certificate or license is invalidated pursuant to this section, and who has surrendered his or her certificate [,] or license, may request a hearing on the matter in the same manner as for the denial of an application pursuant to NRS 645D.210.

     Sec. 20.  NRS 645D.230 is hereby amended to read as follows:

     645D.230  1.  The Division shall issue a certificate or license to each eligible person in the form and size prescribed by the Division. A certificate or license must:

     (a) Indicate the name and address of the inspector or energy auditor and the location of each place where he or she transacts business as an inspector [;] or energy auditor; and

     (b) Contain any additional matter prescribed by the Division.

     2.  A certificate is valid for 2 years after the first day of the first calendar month immediately following the date it is issued.

     3.  A license is valid for 1 year after the first day of the first calendar month immediately following the date it is issued.

     4.  If an inspector or energy auditor fails to apply for the renewal of his or her certificate or license and pay the fee for renewal before the certificate or license expires, and applies for renewal:

     (a) Not later than 1 year after the date of expiration, he or she must pay a fee equal to 150 percent of the amount otherwise required for renewal.

     (b) Later than 1 year after the date of expiration, he or she must apply in the same manner as for an original certificate [.] or license.

     [4.] 5.  The Division may:

     (a) Create and maintain a secure website on the Internet through which each certificate or license issued pursuant to the provisions of this chapter may be renewed; and

     (b) For each certificate or license renewed through the use of a website created and maintained pursuant to paragraph (a), charge a fee in addition to any other fee provided for pursuant to this chapter which must not exceed the actual cost to the Division for providing that service.

     Sec. 21.  NRS 645D.235 is hereby amended to read as follows:

     645D.235  1.  A certified inspector or energy auditor shall notify the Division in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or any offense involving moral turpitude.

     2.  A certified inspector or energy auditor shall submit the notification required by subsection 1:

     (a) Not more than 10 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere; and

     (b) When submitting an application to renew a certificate or license issued pursuant to this chapter.

     Sec. 22.  NRS 645D.240 is hereby amended to read as follows:

     645D.240  1.  The following fees must be charged and collected by the Division:

 

For each application for a certificate or license................................................................................ $100

For the issuance or renewal of a certificate or license........................................................................ 250

For each penalty for a late renewal of a certificate or license............................................................. 125

For each change of name, address or association................................................................................. 20

 


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ê2011 Statutes of Nevada, Page 1954 (Chapter 348, AB 432)ê

 

For each duplicate certificate or license where the original is lost or destroyed and an affidavit is made thereof.......................................................................................................................................... $20

For each reinstatement to active status of an inactive certificate or license.......................................... 20

For each annual approval of a course of instruction offered in preparation for an original certificate or license........................................................................................................................................... 100

For each original accreditation of a course of continuing education................................................... 100

For each renewal of accreditation of a course of continuing education................................................ 50

 

     2.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

     (a) Any examination for a certificate [,] or license, including any costs which are necessary for the administration of such an examination.

     (b) Any investigation of a person’s background.

     Sec. 23.  NRS 645D.690 is hereby amended to read as follows:

     645D.690  The expiration or revocation of a certificate or license by operation of law or by order or decision of a hearing officer or court of competent jurisdiction, or the voluntary surrender of a certificate or license by a certified inspector or energy auditor does not:

     1.  Prohibit the Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the certified inspector or energy auditor as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

     2.  Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the certified inspector [.] or energy auditor.

     Sec. 24.  NRS 645D.700 is hereby amended to read as follows:

     645D.700  1.  Grounds for disciplinary action against a certified inspector or energy auditor are:

     (a) Unprofessional conduct;

     (b) Professional incompetence; and

     (c) A criminal conviction for a felony or any offense involving moral turpitude.

     2.  If grounds for disciplinary action against a certified inspector or energy auditor exist, the Division may, after providing the inspector or energy auditor with notice and an opportunity for a hearing, do one or more of the following:

     (a) Revoke or suspend the certificate [.] or license.

     (b) Place conditions upon the certificate or license or upon the reissuance of a certificate or license revoked pursuant to this section.

     (c) Deny the renewal of the certificate [.] or license.

     (d) Impose a fine of not more than $1,000 for each violation.

     3.  If a certificate or license is revoked by the Division, another certificate or license must not be issued to the same inspector or energy auditor for at least 1 year after the date of the revocation, or at any time thereafter except in the sole discretion of the Administrator, and then only if the inspector or energy auditor satisfies the requirements for an original certificate [.] or license.

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

 


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ê2011 Statutes of Nevada, Page 1955 (Chapter 348, AB 432)ê

 

     Sec. 25.  NRS 645D.703 is hereby amended to read as follows:

     645D.703  In addition to any other remedy or penalty, the Administrator may:

     1.  Refuse to issue a certificate or license to a person who has failed to pay money which the person owes to the Division.

     2.  Refuse to renew, or suspend or revoke, the certificate or license of a person who has failed to pay money which the person owes to the Division.

     Sec. 26.  NRS 645D.705 is hereby amended to read as follows:

     645D.705  1.  If the Administrator receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a certified inspector [,] or energy auditor, the Administrator shall deem the certificate or license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Administrator receives a letter issued to the certified inspector or energy auditor by the district attorney or other public agency pursuant to NRS 425.550 stating that the certified inspector or energy auditor has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     2.  The Administrator shall reinstate a certificate or license that has been suspended by a district court pursuant to NRS 425.540 if the Administrator receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate or license was suspended stating that the person whose certificate or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     Sec. 27.  NRS 645D.730 is hereby amended to read as follows:

     645D.730  1.  In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:

     (a) Engages or offers to engage in any activity for which a certificate or license or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required certificate or license or has not been given the required authorization; or

     (b) Assists or offers to assist another person to commit a violation described in paragraph (a).

     2.  If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

     3.  In determining the appropriate amount of the administrative fine, the Administrator shall consider:

     (a) The severity of the violation and the degree of any harm that the violation caused to other persons;

     (b) The nature and amount of any gain or economic benefit that the person derived from the violation;

     (c) The person’s history or record of other violations; and

     (d) Any other facts or circumstances that the Administrator deems to be relevant.

 


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ê2011 Statutes of Nevada, Page 1956 (Chapter 348, AB 432)ê

 

     4.  Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.

     5.  The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.

     6.  The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

     (a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

     (b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

     Sec. 28.  NRS 645D.900 is hereby amended to read as follows:

     645D.900  1.  A person who obtains or attempts to obtain a certificate or license by means of intentional misrepresentation, deceit or fraud is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may impose a fine of not more than $10,000.

     2.  A person who:

     (a) Holds himself or herself out as a certified inspector [;] or energy auditor;

     (b) Uses in connection with his or her name the words “licensed,” “registered,” “certified” or any other title, word, letter or other designation intended to imply or designate that he or she is a certified inspector [;] or energy auditor; or

     (c) Describes or refers to any inspection report or energy audit prepared by him or her as “certified” or “licensed” in this state, without first obtaining a certificate or license as provided in this chapter,

Ê is guilty of a gross misdemeanor.

     Sec. 29.  (Deleted by amendment.)

     Sec. 30.  NRS 113.115 and 701.250 are hereby repealed.

     Sec. 30.5.  1.  There is hereby appropriated from the State General Fund to the Real Estate Division of the Department of Business and Industry for personnel and other related costs for the licensure of energy auditors pursuant to the provisions of this act:

For the Fiscal Year 2011-2012............................................................................................................... $46,780

For the Fiscal Year 2012-2013............................................................................................................... $58,214

     2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Real Estate Division of the Department of Business and Industry or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2012, and September 20, 2013, respectively, by either the Division or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.

     Sec. 31.  Any regulations adopted by the Nevada Energy Commissioner pursuant to NRS 701.250 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this section.

 


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ê2011 Statutes of Nevada, Page 1957 (Chapter 348, AB 432)ê

 

     Sec. 32.  The Real Estate Division of the Department of Business and Industry and the Director of the Office of Energy shall, on or before July 1, 2011, adopt any regulations which are required by or necessary to carry out the provisions of this act.

     Sec. 33.  1.  This section and sections 30 to 32, inclusive, of this act become effective upon passage and approval.

     2.  Sections 1 to 29, inclusive, of this act become effective on July 1, 2011.

     3.  Section 17 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

     (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment of the support of one or more children,

Ê are repealed by the Congress of the United States.

     4.  Section 26 of this act expires by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

     (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 349, AB 39

Assembly Bill No. 39–Committee on Education

 

CHAPTER 349

 

[Approved: June 13, 2011]

 

AN ACT relating to educational personnel; removing the requirement that the Superintendent of Public Instruction notify a licensee by mail of the date of expiration of his or her license; requiring the Department of Education to maintain a directory of licensees on the Internet website maintained by the Department; requiring the Department to provide on a monthly basis an electronic file with a list of each licensed employee whose license will expire to the board of trustees of the school district that employs the person; requiring the board of trustees of the school district to notify each licensee of the date of expiration of his or her license; and providing other matters properly relating thereto.

 


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ê2011 Statutes of Nevada, Page 1958 (Chapter 349, AB 39)ê

 

Legislative Counsel’s Digest:

       This bill removes the requirement that the Superintendent of Public Instruction provide written notice, by first class mail, to each person who is licensed by the Superintendent of the date on which his or her license expires. This bill also requires the Department of Education to: (1) maintain a directory of the name of each person who is licensed and the date on which his or her license expires; (2) make that information available to licensed educational personnel and to the general public on the Department’s Internet website; and (3) provide to the board of trustees of each school district, each calendar month, an electronic file with a list of each licensed employee who is employed by the board of trustees and whose license will expire within the 9 months immediately following that calendar month. This bill further requires the board of trustees of each school district to notify each licensed employee identified in the list of the date on which his or her license will expire. Such notification must be provided not later than 6 months before the date of expiration.

 

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 391.042 is hereby amended to read as follows:

     391.042  1.  The [Superintendent of Public Instruction] Department shall [provide written notice to each person] :

     (a) Maintain a directory of the name of each person who holds a license issued pursuant to this chapter [of] and the date on which [the] his or her license expires [. The written notice must be mailed, by first-class mail, to the last known address of the licensee, as reflected in the records of the Superintendent, not less than 6 months and not more than 1 year before the date of expiration.] ;

     (b) Make the directory readily available to licensed educational personnel and to the general public on the Internet website maintained by the Department; and

     (c) Provide to the board of trustees of each school district, at the end of each calendar month, an electronic file with a list of each licensed employee who is employed by the board of trustees and whose license will expire within the 9 months immediately following that calendar month.

     2.  The board of trustees of a school district shall notify each licensed employee identified in the list received pursuant to paragraph (c) of subsection 1 of the date on which his or her license will expire. The notice must be provided not later than 6 months before the date of expiration of the license.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1959ê

 

CHAPTER 350, AB 53

Assembly Bill No. 53–Committee on Transportation

 

CHAPTER 350

 

[Approved: June 13, 2011]

 

AN ACT relating to transportation; requiring the Director of the Department of Transportation to charge fees based upon market value for authorizing the placement of trademarks or symbols identifying individual enterprises on certain signs and for providing information regarding attractions and services along highways of the State; authorizing the Director to recommend to the Board of Directors of the Department programs for providing information to the traveling public to be funded from money received from fees charged on those signs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Director of the Department of Transportation to adopt regulations to fix reasonable fees to recover the actual cost of administering a program for erecting certain signs on highways. Existing law provides that in certain larger counties, the Department is required to establish the fees based upon the market value as determined by the Department. Section 3 of this bill instead requires the Department to fix the fees in all counties based upon market value as determined by the Department. Existing law provides that the fees collected by the Department are to be credited to the Account for Systems of Providing Information to the Traveling Public in the State Highway Fund. Section 1 of this bill authorizes the Director to recommend to the Board of Directors of the Department programs to provide information to the traveling public to be paid from money available for that purpose from the Account.

 

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

     The Director may recommend to the Board, for its approval, programs to provide information to the traveling public to be paid from such money as is available for this purpose pursuant to NRS 408.567.

     Sec. 2.  NRS 408.551 is hereby amended to read as follows:

     408.551  As used in NRS 408.551 to 408.567, inclusive, and section 1 of this act, “center” means a facility to provide information to members of the traveling public, concerning accommodations, food, fuel and recreation, through an attendant or some means of communication.

     Sec. 3.  NRS 408.557 is hereby amended to read as follows:

     408.557  1.  The Director shall adopt regulations:

     (a) Governing the size, shape, lighting and other characteristics of a sign to be erected at [such] a location [;] designated pursuant to NRS 408.553;

     (b) Authorizing the use of trademarks and symbols identifying an individual enterprise on a sign erected at the location;

     (c) Fixing the qualifications of a person or governmental agency to operate a center and of an enterprise to be identified on a directional or informational sign;

 


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ê2011 Statutes of Nevada, Page 1960 (Chapter 350, AB 53)ê

 

     (d) [Fixing reasonable fees to recover the actual administrative cost incurred by the Department for:

           (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign; and

           (2) Providing information concerning commercial attractions and services.

     (e)] Fixing reasonable fees, based upon the market value as determined by the Department, for:

           (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign [in an urban area of a county whose population is 100,000 or more;] ; and

           (2) Providing information [in an urban area of a county whose population is 100,000 or more] concerning commercial attractions and services; and

     [(f)] (e) Otherwise necessary to carry out the provisions of NRS 408.551 to 408.567, inclusive [.] , and section 1 of this act.

     2.  The regulations adopted by the Director pursuant to subsection 1 must be consistent with the provisions of 23 U.S.C. § 131.

     Sec. 4.  NRS 408.559 is hereby amended to read as follows:

     408.559  The Department shall develop a plan, in cooperation with the Commission on Tourism, to carry out the provisions of NRS 408.551 to 408.567, inclusive [.] , and section 1 of this act. The plan must take into consideration such factors as:

     1.  Economic development in this state.

     2.  Availability of money for the purposes of NRS 408.551 to 408.567, inclusive [.] , and section 1 of this act.

     3.  Population in a particular area.

     4.  Proposed highway construction.

     5.  Need for information.

Ê The Department and the Commission shall review the plan at least once each year and revise it until the provisions of NRS 408.551 to 408.567, inclusive, and section 1 of this act have been uniformly put into effect throughout the State.

     Sec. 5.  NRS 408.567 is hereby amended to read as follows:

     408.567  1.  Money received by the Department from:

     (a) Fees for:

           (1) Authorizing the use of trademarks and symbols identifying an individual enterprise on a directional or informational sign; and

           (2) Providing information concerning commercial attractions and services;

     (b) Participants in a telephone system established to reserve accommodations for travelers; and

     (c) Appropriations made by the Legislature for the purposes of NRS 408.551 to 408.567, inclusive, and section 1 of this act,

Ê must be deposited with the State Treasurer for credit to the Account for Systems of Providing Information to the Traveling Public in the State Highway Fund, which is hereby created.

     2.  Money in the Account must only be used to carry out the provisions of NRS 408.551 to 408.567, inclusive [.] , and section 1 of this act.

     Sec. 6.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1961ê

 

CHAPTER 351, AB 224

Assembly Bill No. 224–Assemblymen Benitez-Thompson, Smith, Bobzien, Oceguera; Aizley, Brooks, Bustamante Adams, Carrillo, Daly, Flores, Frierson, Kirkpatrick and Segerblom

 

Joint Sponsor: Senator Denis

 

CHAPTER 351

 

[Approved: June 13, 2011]

 

AN ACT relating to education; creating the Office of Parental Involvement and Family Engagement within the Department of Education; prescribing the duties of the Office; revising the contents of the annual reports of accountability for school districts prepared by school districts; revising the contents of the plans to improve the achievement of pupils prepared by school districts and public schools; requiring the Commission on Professional Standards in Education to prescribe course work on parental involvement and family engagement; revising the membership of the Statewide Council for the Coordination of the Regional Training Programs; requiring the Statewide Council to establish a statewide program for teachers and administrators concerning parental involvement and family engagement; requiring the regional training programs for the professional development of teachers and administrators to provide training on parental involvement and family engagement; making an appropriation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Advisory Council on Parental Involvement. (NRS 385.600, 385.610, 385.620) Sections 10-12 of this bill change the name of the Council to the Advisory Council on Parental Involvement and Family Engagement and revise the duties of the Council. Section 2 of this bill creates the Office of Parental Involvement and Family Engagement within the Department of Education and requires the Superintendent of Public Instruction to appoint an employee of the Department to serve as the Director of the Office. Section 3 of this bill prescribes the duties of the Office, which include adopting policies and developing a list of practices designed to increase the involvement of parents and the engagement of families in the support of the education of their children. Section 4 of this bill authorizes the board of trustees of a school district to establish an advisory council on parental involvement and family engagement to work in conjunction with the Advisory Council.

       Under existing law, the board of trustees of each school district is required to prepare an annual report of accountability information for the public schools within the school district, including information on the communication with and participation by the parents of pupils in the school district. (NRS 385.347) Sections 5 and 7 of this bill revises the annual reports to include information on the involvement of parents and the engagement of families in the education of their children.

       Under existing law, the board of trustees of each school district and each public school is required to prepare a plan to improve the achievement of pupils within the district or school. (NRS 385.348, 385.357) Sections 6 and 8 of this bill revise the provisions of the plan to include strategies and practices to improve and promote effective involvement and engagement by parents and families.

 


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ê2011 Statutes of Nevada, Page 1962 (Chapter 351, AB 224)ê

 

       Existing law requires the Commission on Professional Standards in Education to adopt regulations governing the qualifications for licensing teachers and other educational personnel. (NRS 391.019) Section 13 of this bill requires the Commission, in cooperation with the Office of Parental Involvement and Family Engagement, to adopt regulations prescribing course work on parental involvement and family engagement.

       Existing law establishes three regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs. (NRS 391.500-391.556) Section 14 of this bill revises the membership of the Statewide Council to include the Director of the Office of Parental Involvement and Family Engagement, who serves ex officio. Section 15 of this bill requires the Statewide Council, in cooperation with the Office, to establish a statewide training program for teachers and administrators concerning effective parental involvement and family engagement. Section 16 of this bill requires the regional training programs to provide training on how to involve parents and engage families and how to work with parent liaisons in public schools.

       Section 18.5 of this bill makes appropriations from the State General Fund to the Department of Education for the personnel and other related costs for the Director of the Office of Parental Involvement and Family Engagement and the Advisory Council on Parental Involvement.

 

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 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

     Sec. 2.  1.  The Office of Parental Involvement and Family Engagement is hereby created within the Department.

     2.  The Superintendent of Public Instruction shall:

     (a) Appoint an employee of the Department to serve as the Director of the Office of Parental Involvement and Family Engagement; and

     (b) Ensure that the Office of Parental Involvement and Family Engagement has a sufficient number of personnel for the Office to carry out the duties prescribed in section 3 of this act.

     Sec. 3.  1.  The Office of Parental Involvement and Family Engagement created by section 2 of this act shall:

     (a) Review and evaluate the programs implemented by the school districts and public schools, including, without limitation, programs which are supported in part with money received from the Federal Government, for carrying out and increasing parental involvement and family engagement in the public schools. The review and evaluation must include an identification of current strategies and practices for effective parental involvement and family engagement.

     (b) Develop a list of practices which have been proven effective in increasing the involvement of parents and the engagement of families in the education of their children, including, without limitation, practices that increase the ability of school districts and public schools to effectively reengage parents and families and provide those parents and families with the skills and resources necessary to support the academic achievement of their children.

 


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ê2011 Statutes of Nevada, Page 1963 (Chapter 351, AB 224)ê

 

     (c) Work in cooperation with the Statewide Council for the Coordination of the Regional Training Programs to establish a statewide training program concerning parental involvement and family engagement required pursuant to NRS 391.520.

     (d) Provide information to the school districts and public schools on the availability of competitive grants for programs which offer:

           (1) Professional development for educational personnel on practices to reengage disengaged parents and families in the education of their children;

           (2) Training for parents and families in skills of leadership and volunteerism;

           (3) Family literacy training;

           (4) Home visitation programs to encourage the involvement of parents and the engagement of families in the education of their children; and

           (5) Other innovative programs that are designed to increase the involvement of parents and the engagement of families in the academic achievement of their children.

     (e) Provide support to those school districts which have established an advisory council on parental involvement and family engagement pursuant to section 4 of this act and encourage those school districts which have not established such an advisory council to consider creating an advisory council for the school district.

     (f) Build the capacity of public schools to work in collaboration with parents to establish policies for the involvement of parents and the engagement of families, including, without limitation, policies that focus on partnerships between public schools and the parents and families of children enrolled in public schools and the empowerment of parents and families in support of the education of their children.

     (g) Work in cooperation with the Commission on Professional Standards in Education in developing the regulations required by subparagraph (11) of paragraph (a) of subsection 1 of NRS 391.019 and monitoring the implementation of those regulations.

     (h) Establish, in collaboration with the State Board, guidelines to assist parents and families in helping their children achieve the standards of content and performance adopted by the State Board pursuant to NRS 389.520.

     (i) Collaborate with the Nevada State Parent Information and Resource Center, the Parent Training and Information Centers, the Nevada Parent Teacher Association, the Advisory Council and the teachers who are trained to serve as liaisons to parents and legal guardians of pupils enrolled in public schools to plan and implement a statewide summit on parental involvement and family engagement, which must be held at least biennially. After each summit, the Office of Parental Involvement and Family Engagement shall evaluate the success of the summit in consultation with the entities identified in this paragraph.

     (j) Assist each school district and the public schools within the school district with incorporating strategies and practices for effective parental involvement and family engagement into the plans to improve the achievement of pupils prepared by the school districts pursuant to NRS 385.348 and the public schools pursuant to NRS 385.357.

     (k) Work in partnership with the Advisory Council to:

 


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ê2011 Statutes of Nevada, Page 1964 (Chapter 351, AB 224)ê

 

           (1) Review and evaluate the annual reports of accountability prepared by the board of trustees of each school district pursuant to NRS 385.347 relating to parental involvement and family engagement in the school districts and public schools;

           (2) Review and evaluate the plans to improve the achievement of pupils prepared by each school district pursuant to NRS 385.348 and each public school pursuant to NRS 385.357 relating to the strategies and practices for effective parental involvement and family engagement incorporated into the plans; and

           (3) Review the status of the implementation of the provisions of this section and the effectiveness of the Office in carrying out the duties prescribed in this section.

     2.  On or before August 1 of each year, the Office of Parental Involvement and Family Engagement shall prepare a report which includes a summary of the:

     (a) Status of the progress made by the school districts and public schools in effectively involving parents and engaging families in the education of their children and an identification of any areas where further improvement is needed; and

     (b) Activities of the Office during the immediately preceding school year, including the progress made by the Office, in consultation with the Advisory Council, in assisting the school districts and public schools with increasing the effectiveness of involving parents and engaging families in the education of their children.

     3.  The Department shall post on its Internet website:

     (a) The list of practices developed by the Office of Parental Involvement and Family Engagement pursuant to paragraph (b) of subsection 1;

     (b) The report prepared by the Office pursuant to subsection 2; and

     (c) Any other information that the Office finds useful for the school districts, public schools, parents, families and general public relating to effective parental involvement and family engagement.

     Sec. 4.  The board of trustees of a school district may establish an advisory council on parental involvement and family engagement to work in conjunction with the Advisory Council.

     Sec. 5.  NRS 385.347 is hereby amended to read as follows:

     385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

 


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     2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

     (a) The educational goals and objectives of the school district.

     (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

           (1) The number of pupils who took the examinations.

           (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

           (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

                (I) Pupils who are economically disadvantaged, as defined by the State Board;

                (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                (III) Pupils with disabilities;

                (IV) Pupils who are limited English proficient; and

                (V) Pupils who are migratory children, as defined by the State Board.

           (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

           (5) The percentage of pupils who were not tested.

           (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).

           (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

           (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

 


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           (10) Information on whether each school in the district, including, without limitation, each charter school in the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

     (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

     (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

           (1) The percentage of teachers who are:

                (I) Providing instruction pursuant to NRS 391.125;

                (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

           (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

           (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

           (4) For each middle school, junior high school and high school:

                (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

           (5) For each elementary school:

                (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

 


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short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

     (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

     (f) The curriculum used by the school district, including:

           (1) Any special programs for pupils at an individual school; and

           (2) The curriculum used by each charter school in the district.

     (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

           (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

           (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

     (h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

           (1) Provide proof to the school district of successful completion of the examinations of general educational development.

           (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

           (3) Withdraw from school to attend another school.

     (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

     (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

           (1) Communication with the parents of pupils enrolled in the district; [and]

           (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees [.] ; and

           (3) The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

     (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

 


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     (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

     (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

     (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

     (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

     (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

     (q) Each source of funding for the school district.

     (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

           (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

           (2) An identification of each program of remedial study, listed by subject area.

     (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

     (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

     (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

           (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                (II) Paragraph (b) of subsection 1 of NRS 389.805.

           (2) An adjusted diploma.

           (3) A certificate of attendance.

     (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

     (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

 


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of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

     (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

     (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

     (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

           (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

           (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

     (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:

           (1) The number of paraprofessionals employed at the school; and

           (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

     (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

     (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

     (dd) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, information on pupils enrolled in career and technical education, including, without limitation:

           (1) The number of pupils enrolled in a course of career and technical education;

           (2) The number of pupils who completed a course of career and technical education;

           (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

           (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

 


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           (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

           (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

     (ee) Such other information as is directed by the Superintendent of Public Instruction.

     3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which the teacher is employed for one of the following reasons:

     (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

     (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

     4.  The annual report of accountability prepared pursuant to subsection 2 must:

     (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

     (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

     5.  The Superintendent of Public Instruction shall:

     (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

     (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

     (c) Consult with a representative of the:

           (1) Nevada State Education Association;

           (2) Nevada Association of School Boards;

           (3) Nevada Association of School Administrators;

           (4) Nevada Parent Teacher Association;

           (5) Budget Division of the Department of Administration; and

           (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

     6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

     7.  On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

     8.  On or before August 15 of each year, the board of trustees of each school district shall:

 


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     (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

           (1) Governor;

           (2) State Board;

           (3) Department;

           (4) Committee; and

           (5) Bureau.

     (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

     9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

     10.  As used in this section:

     (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

     (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

     Sec. 6.  NRS 385.348 is hereby amended to read as follows:

     385.348  1.  The board of trustees of each school district shall, in consultation with the employees of the school district, prepare a plan to improve the achievement of pupils enrolled in the school district, excluding pupils who are enrolled in charter schools located in the school district. If the school district is a Title I school district designated as demonstrating need for improvement pursuant to NRS 385.377, the plan must also be prepared in consultation with parents and guardians of pupils enrolled in the school district and other persons who the board of trustees determines are appropriate.

     2.  Except as otherwise provided in this subsection, the plan must include the items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto. If a school district has not been designated as demonstrating need for improvement pursuant to NRS 385.377, the board of trustees of the school district is not required to include those items set forth in 20 U.S.C. § 6316(c)(7) and the regulations adopted pursuant thereto that directly relate to the status of a school district as needing improvement.

     3.  In addition to the requirements of subsection 2, a plan to improve the achievement of pupils enrolled in a school district must include:

     (a) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

     (b) The identification of any problems or factors at individual schools that are revealed by the review and analysis.

 


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     (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

     (d) Strategies to improve the academic achievement of pupils enrolled in the school district, including, without limitation, strategies to:

           (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                (I) The curriculum appropriate to improve achievement;

                (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361;

           (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

           (3) Integrate technology into the instructional and administrative programs of the school district;

           (4) Manage effectively the discipline of pupils; and

           (5) Enhance the professional development offered for the teachers and administrators employed by the school district to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in the school district, as deemed appropriate by the board of trustees of the school district.

     (e) An identification, by category, of the employees of the school district who are responsible for ensuring that each provision of the plan is carried out effectively.

     (f) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

     (g) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

     (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

     (i) Strategies to improve the allocation of resources from the school district, by program and by school, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

     (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the school district to carry out the plan, including, without limitation, a budget of the overall cost for carrying out the plan.

     (k) A summary of the effectiveness of appropriations made by the Legislature that are available to the school district or the schools within the school district to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

 


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     (l) An identification of the programs, practices and strategies that are used throughout the school district and by the schools within the school district that have proven successful in improving the achievement and proficiency of pupils, including, without limitation:

           (1) An identification of each school that carries out such a program, practice or strategy;

           (2) An indication of which programs, practices and strategies are carried out throughout the school district and which programs, practices and strategies are carried out by individual schools;

           (3) The extent to which the programs, practices and strategies include methods to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361; and

           (4) A description of how the school district disseminates information concerning the successful programs, practices and strategies to all schools within the school district.

     (m) Strategies and practices to improve and promote effective involvement and engagement by parents and families of pupils enrolled in the school district which are consistent with the policies and recommendations of the Office of Parental Involvement and Family Engagement made pursuant to section 3 of this act.

     4.  The board of trustees of each school district shall:

     (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

     (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school district.

     5.  On or before December 15 of each year, the board of trustees of each school district shall submit the plan or the revised plan, as applicable, to the:

     (a) Superintendent of Public Instruction;

     (b) Governor;

     (c) State Board;

     (d) Department;

     (e) Committee; and

     (f) Bureau.

     Sec. 7.  NRS 385.349 is hereby amended to read as follows:

     385.349  1.  The board of trustees of each school district shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.347 on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

     (a) The information set forth in subsection 1 of NRS 385.34692, reported for the school district as a whole and for each school within the school district;

     (b) Information on the involvement and engagement of parents , [and] legal guardians and families in the education of their children; and

     (c) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

     2.  The summary prepared pursuant to subsection 1 must:

     (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

     (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

 


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     3.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form that contains the basic information required by subsection 1. The board of trustees of a school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     4.  On or before September 7 of each year, the board of trustees of each school district shall:

     (a) Submit the summary in an electronic format to the:

           (1) Governor;

           (2) State Board;

           (3) Department;

           (4) Committee;

           (5) Bureau; and

           (6) Schools within the school district.

     (b) Provide for the public dissemination of the summary by posting a copy of the summary on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the summary. The board of trustees of each school district shall ensure that the parents and guardians of pupils enrolled in the school district have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website maintained by the school district, if any. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the summary.

     5.  The board of trustees of each school district shall report the information required by this section for each charter school that is located within the school district, regardless of the sponsor of the charter school. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

     Sec. 8.  NRS 385.357 is hereby amended to read as follows:

     385.357  1.  Except as otherwise provided in NRS 385.37603 and 385.37607, the principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

     2.  The plan developed pursuant to subsection 1 must include:

     (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

     (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

     (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

     (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

 


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school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

     (e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each group of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each group will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

     (f) Strategies [,] and practices which:

           (1) Are consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children [.] ; and

           (2) Are designed to improve and promote effective involvement and engagement by parents and families of pupils enrolled in the school which are consistent with the policies and recommendations of the Office of Parental Involvement and Family Engagement made pursuant to section 3 of this act.

     (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

     (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

           (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                (I) The curriculum appropriate to improve achievement;

                (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361;

           (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

           (3) Integrate technology into the instructional and administrative programs of the school;

           (4) Manage effectively the discipline of pupils; and

           (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

     (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

     (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

 


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     (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

     (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

     (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

     (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

     (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

     (p) A budget of the overall cost for carrying out the plan.

     3.  In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

     4.  Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:

     (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

     (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

     5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623 and a support team has been established for the school, the support team shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.36127. If the school is a Title I school that has been designated as demonstrating need for improvement, the support team established for the school shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the support team, outside experts.

     6.  On or before November 1 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

     (a) If the school is a public school of the school district, the superintendent of schools of the school district.

     (b) If the school is a charter school, the governing body of the charter school.

     7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto.

 


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school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

     8.  If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

     9.  On or before December 15 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:

     (a) Superintendent of Public Instruction;

     (b) Governor;

     (c) State Board;

     (d) Department;

     (e) Committee;

     (f) Bureau; and

     (g) Board of trustees of the school district in which the school is located.

     10.  A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.

     Sec. 9.  NRS 385.358 is hereby amended to read as follows:

     385.358  1.  The principal of each public school, including, without limitation, each charter school, shall prepare a summary of accountability information on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

     (a) The information set forth in subsection 1 of NRS 385.34692, reported only for the school;

     (b) Information on the involvement and engagement of parents , [and] legal guardians and families in the education of their children; and

     (c) Such other information as is directed by the Superintendent of Public Instruction in consultation with the Bureau.

     2.  The summary prepared pursuant to subsection 1 must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

     3.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form that contains the basic information required by subsection 1. The principal of a school may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

 


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contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     4.  On or before September 7 of each year:

     (a) The principal of each public school shall submit the summary in electronic format to the:

           (1) Department;

           (2) Bureau; and

           (3) Board of trustees of the school district in which the school is located.

     (b) The school district in which the school is located shall ensure that the summary is posted on the Internet website maintained by the school, if any, or the Internet website maintained by the school district, if any. If the summary is not posted on the website of the school or the school district, the school district shall otherwise provide for public dissemination of the summary.

     (c) The principal of each public school shall ensure that the parents and legal guardians of the pupils enrolled in the school have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website, if any, and how a parent or guardian may otherwise access the summary.

     (d) The principal of each public school shall provide a written copy of the summary to each parent and legal guardian of a pupil enrolled in the school.

     Sec. 10.  NRS 385.600 is hereby amended to read as follows:

     385.600  As used in this section and NRS 385.610 and 385.620, and sections 2, 3 and 4 of this act, “Advisory Council” means the Advisory Council on Parental Involvement and Family Engagement established pursuant to NRS 385.610.

     Sec. 11.  NRS 385.610 is hereby amended to read as follows:

     385.610  1.  The Superintendent of Public Instruction shall establish an Advisory Council on Parental Involvement [.] and Family Engagement. The Advisory Council is composed of 10 members.

     2.  The Superintendent of Public Instruction shall appoint the following members to the Advisory Council:

     (a) Two parents or legal guardians of pupils enrolled in public schools;

     (b) Two teachers in public schools;

     (c) One administrator of a public school;

     (d) One representative of a private business or industry;

     (e) One member of the board of trustees of a school district in a county whose population is 100,000 or more; and

     (f) One member of the board of trustees of a school district in a county whose population is less than 100,000.

Ê The Superintendent of Public Instruction shall, to the extent practicable, ensure that the members the Superintendent appoints to the Advisory Council reflect the ethnic, economic and geographic diversity of this State.

     3.  The Speaker of the Assembly shall appoint one member of the Assembly to the Advisory Council.

     4.  The Majority Leader of the Senate shall appoint one member of the Senate to the Advisory Council.

 


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     5.  The Advisory Council shall elect a Chair and Vice Chair from among its members. The Chair and Vice Chair serve a term of 1 year.

     6.  After the initial terms:

     (a) The term of each member of the Advisory Council who is appointed by the Superintendent of Public Instruction is 3 years.

     (b) The term of each member of the Advisory Council who is appointed by the Speaker of the Assembly and the Majority Leader of the Senate is 2 years.

     7.  The Department shall provide:

     (a) Administrative support to the Advisory Council; and

     (b) All information that is necessary for the Advisory Council to carry out its duties.

     8.  For each day or portion of a day during which a member of the Advisory Council who is a Legislator attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council, except during a regular or special session of the Legislature, the member is entitled to receive the:

     (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

     (b) Per diem allowance provided for state officers generally; and

     (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The compensation, per diem allowances and travel expenses of the legislative members of the Advisory Council must be paid from the Legislative Fund.

     9.  A member of the Advisory Council who is not a Legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council. The per diem allowance and travel expenses for the members of the Advisory Council who are not Legislators must be paid by the Department.

     Sec. 12.  NRS 385.620 is hereby amended to read as follows:

     385.620  The Advisory Council shall:

     1.  Review the policy of parental involvement adopted by the State Board and the policy of parental involvement and family engagement adopted by the board of trustees of each school district pursuant to NRS 392.457;

     2.  Review the information relating to communication with and participation , involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to paragraph (j) of subsection 2 of NRS 385.347;

     3.  Review any effective practices carried out in individual school districts to increase parental involvement and family engagement and determine the feasibility of carrying out those practices on a statewide basis;

     4.  Review any effective practices carried out in other states to increase parental involvement and family engagement and determine the feasibility of carrying out those practices in this State;

     5.  Identify methods to communicate effectively and provide outreach to parents , [and] legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

 


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     6.  Identify the manner in which the level of parental involvement and family engagement affects the performance, attendance and discipline of pupils;

     7.  Identify methods to communicate effectively with and provide outreach to parents , [and] legal guardians and families of pupils who are limited English proficient;

     8.  Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parental involvement and family engagement coordinator in each school district, or both;

     9.  Work in collaboration with the Office of Parental Involvement and Family Engagement created by section 2 of this act to carry out the duties prescribed in section 3 of this act;

     10.  On or before July 1 of each year, submit a report to the Legislative Committee on Education describing the activities of the Advisory Council and any recommendations for legislation; and

     [10.] 11.  On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature describing the activities of the Advisory Council and any recommendations for legislation.

     Sec. 13.  NRS 391.019 is hereby amended to read as follows:

     391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

     (a) Shall adopt regulations:

           (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

           (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

           (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

           (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

           (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

           (6) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                (I) Provide instruction or other educational services; and

                (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

           (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

 


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educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this subparagraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicant’s employment as a teacher with a school district or charter school.

           (8) Requiring an applicant for a special qualifications license to:

                (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

           (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

           (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                (I) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;

                (II) Is not licensed to teach public school in another state;

                (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicant’s employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

           (11) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by section 2 of this act in developing the regulations required by this subparagraph.

     (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

     2.  Any regulation which increases the amount of education, training or experience required for licensing:

 


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     (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

     (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

     (c) Is not applicable to a license in effect on the date the regulation becomes effective.

     3.  A person who is licensed pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1:

     (a) Shall comply with all applicable statutes and regulations.

     (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

     (c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

     Sec. 14.  NRS 391.516 is hereby amended to read as follows:

     391.516  1.  The Statewide Council for the Coordination of the Regional Training Programs, consisting of [seven] eight members, is hereby created. The membership of the Council consists of:

     (a) Each coordinator hired by the governing body of each regional training program pursuant to NRS 391.532.

     (b) One member of the governing body of each regional training program, appointed by the governing body. The member appointed pursuant to this paragraph may appoint a designee to serve in his or her place.

     (c) One representative of the Nevada State Education Association, appointed by the President of that Association.

     (d) The Director of the Office of Parental Involvement and Family Engagement appointed pursuant to section 2 of this act, who serves ex officio.

     2.  Each coordinator who serves on the Statewide Council is a member of the Statewide Council only for the period of his or her service as coordinator of the regional training program pursuant to NRS 391.532.

     3.  Each member appointed by the governing body pursuant to paragraph (b) of subsection 1 and the member appointed pursuant to paragraph (c) of subsection 1 serve a term of 2 years.

     4.  Members of the Statewide Council serve without salary [,] for their service on the Council but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. For the members of the Statewide Council who are appointed pursuant to paragraphs (a) and (b) of subsection 1, the governing body of the regional training program represented by those members shall pay the per diem allowance and travel expenses. For the member of the Statewide Council who is appointed pursuant to paragraph (c) of subsection 1, the Nevada State Education Association shall pay the per diem allowance and travel expenses. The Department shall pay the per diem allowance and travel expenses for the Director of the Office of Parental Involvement and Family Engagement.

 


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     5.  The governing bodies of the regional training programs may mutually agree to expend a portion of their respective budgets to pay for the administrative support of the Statewide Council.

     Sec. 15.  NRS 391.520 is hereby amended to read as follows:

     391.520  1.  The Statewide Council shall meet not less than four times per year.

     2.  The Statewide Council shall:

     (a) Adopt uniform standards for use by the governing body of each regional training program in the review and approval by the governing body of the training to be provided by the regional training program pursuant to NRS 391.540 and 391.544. The standards must ensure that the training provided by the regional training programs includes activities set forth in 20 U.S.C. § 7801(34), as appropriate for the type of training offered, is of high quality and is effective in addressing the training programs specified in subsection 1 of NRS 391.544.

     (b) In cooperation with the Office of Parental Involvement and Family Engagement created by section 2 of this act, establish a statewide program for teachers and administrators concerning effective parental involvement and family engagement which includes:

           (1) Training for teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

           (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

     (c) Coordinate the dissemination of information to school districts, administrators and teachers concerning the training, programs and services provided by the regional training programs.

     [(c)] (d) Disseminate information to the regional training programs concerning innovative and effective methods to provide professional development.

     [(d)] (e) Conduct long-range planning concerning the professional development needs of teachers and administrators employed in this state.

     [(e)] (f) Adopt uniform procedures for use by the governing body of each regional training program to report the evaluation conducted pursuant to NRS 391.552.

     3.  The Statewide Council may:

     (a) Accept gifts and grants from any source for use by the Statewide Council in carrying out its duties pursuant to this section and accept gifts and grants from any source on behalf of one or more regional training programs to assist with the training provided pursuant to NRS 391.544; and

     (b) Comply with applicable federal laws and regulations governing the provision of federal grants to assist the Statewide Council in carrying out its duties pursuant to this section and comply with applicable federal laws and regulations governing the provision of federal grants to assist with the training provided pursuant to NRS 391.544, including, without limitation, providing money from the budget of the Statewide Council to match the money received from a federal grant.

 


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     Sec. 16.  NRS 391.544 is hereby amended to read as follows:

     391.544  1.  Based upon the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391.540, each regional training program must provide:

     (a) Training for teachers in the standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

     (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

           (1) Phonemic awareness;

           (2) Phonics;

           (3) Vocabulary;

           (4) Fluency;

           (5) Comprehension; and

           (6) Motivation.

     (c) At least one of the following types of training:

           (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

           (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

           (3) In addition to the training provided pursuant to paragraph (b) of subsection 1, training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

     (d) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391.520 training for:

           (1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

           (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

     2.  The training required pursuant to subsection 1 must:

     (a) Include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

     (b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

     (c) Incorporate training that addresses the educational needs of:

           (1) Pupils with disabilities who participate in programs of special education; and

           (2) Pupils who are limited English proficient.

     3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:

 


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     (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

     (b) Fundamental reading skills; and

     (c) Other training listed in subsection 1.

Ê The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

     4.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

     5.  A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391.512 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

     6.  To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.

     Sec. 17.  NRS 392.457 is hereby amended to read as follows:

     392.457  1.  The State Board shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State and individual parents and legal guardians whose children are enrolled in public schools throughout this State, adopt a policy to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policy adopted by the State Board must be considered when the Board:

     (a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

     (b) Interacts with school districts, public schools, educational personnel, parents , [and] legal guardians and families of pupils, and members of the general public in carrying out its duties pursuant to this title.

     2.  The policy adopted by the State Board pursuant to subsection 1 must include the following elements and goals:

     (a) Promotion of regular, two-way, meaningful communication between home and school.

     (b) Promotion and support of responsible parenting.

     (c) Recognition of the fact that parents and families play an integral role in assisting their children to learn.

     (d) Promotion of a safe and open atmosphere for parents and families to visit the school that their children attend and active solicitation of parental and familial support and assistance for school programs.

     (e) Inclusion of parents as full partners in decisions affecting their children and families.

     (f) Availability of community resources to strengthen and promote school programs, family practices and the achievement of pupils.

     3.  The board of trustees of each school district shall, in consultation with the State Board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement and engagement by parents and families in support of their children and the education of their children.

 


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ê2011 Statutes of Nevada, Page 1986 (Chapter 351, AB 224)ê

 

effective involvement and engagement by parents and families in support of their children and the education of their children. The policies adopted pursuant to this subsection must:

     (a) Be consistent, to the extent applicable, with the policy adopted by the State Board pursuant to subsection 1;

     (b) Include the elements and goals specified in subsection 2; and

     (c) Comply with the parental involvement policy required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

     4.  The State Board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.

     Sec. 18.  NRS 392.4575 is hereby amended to read as follows:

     392.4575  1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the [parental involvement] policy:

     (a) [Required] For parental involvement required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

     (b) [Adopted] For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457.

     2.  Each educational involvement accord must include, without limitation:

     (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

           (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

           (2) Reviewing and checking the pupil’s homework; and

           (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

     (b) The responsibilities of a pupil in a public school, including, without limitation:

           (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

           (2) Using all school equipment and property appropriately and safely;

           (3) Following the directions of any adult member of the staff of the school;

           (4) Completing and submitting homework in a timely manner; and

           (5) Respecting himself or herself, others and all property.

     (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

           (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

           (2) Maximizing the educational and social experience of each pupil;

           (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

           (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

 


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ê2011 Statutes of Nevada, Page 1987 (Chapter 351, AB 224)ê

 

     3.  Each educational involvement accord must be accompanied by, without limitation:

     (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

     (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

     (c) The homework and grading policies of the pupil’s teacher or school;

     (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

     (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

     (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

     (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

     (h) The classroom rules and policies;

     (i) The dress code of the school, if any;

     (j) The availability of assistance to parents who have limited proficiency in the English language;

     (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

     (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

     (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

     4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

     (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teacher’s class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

     (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

     5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

     7.  If a school support team is established in accordance with the regulations of the State Board adopted pursuant to NRS 385.361 for an elementary school, the principal of the school shall provide to the support team information concerning the distribution of the educational involvement accord and the number of accords which were signed and returned by parents and legal guardians.

 


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ê2011 Statutes of Nevada, Page 1988 (Chapter 351, AB 224)ê

 

elementary school, the principal of the school shall provide to the support team information concerning the distribution of the educational involvement accord and the number of accords which were signed and returned by parents and legal guardians. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.

     Sec. 18.5.  1.  There are hereby appropriated from the State General Fund to the Department of Education the following sums for the personnel and other related costs for the Director of the Office of Parental Involvement and Family Engagement appointed pursuant to paragraph (a) of subsection 2 of section 2 of this act:

For the Fiscal Year 2011-2012............................................................................................................... $67,126

For the Fiscal Year 2012-2013............................................................................................................... $91,594

     2.  There are hereby appropriated from the State General Fund to the Department of Education the following sums for the costs of the Advisory Council on Parental Involvement established pursuant to NRS 385.610:

For the Fiscal Year 2011-2012............................................................................................................... $10,000

For the Fiscal Year 2012-2013............................................................................................................... $10,000

     3.  Any balance of the sums appropriated by subsection 1 or 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Department of Education or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2012, and September 20, 2013, respectively, by either the Department of Education or the entity to which the money from the appropriation was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 21, 2012, and September 20, 2013, respectively.

     Sec. 19.  On or before December 31, 2011, the Commission on Professional Standards in Education shall adopt the regulations required pursuant to NRS 391.019, as amended by section 13 of this act.

     Sec. 20.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1989ê

 

CHAPTER 352, AB 277

Assembly Bill No. 277–Assemblymen Anderson; Benitez-Thompson, Bustamante Adams, Carlton, Diaz, Dondero Loop, Flores, Mastroluca, Neal, Pierce and Woodbury (by request)

 

Joint Sponsors: Senators Halseth, Leslie; Breeden, Cegavske, Copening and Wiener

 

CHAPTER 352

 

[Approved: June 13, 2011]

 

AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles, with respect to special license plates for the support of outreach programs and services for veterans and their families, to make such plates available to female veterans with an optional image representative of female veterans; providing for the issuance of special license plates inscribed with the words “DISABLED FEMALE VETERAN”; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Director of the Department of Motor Vehicles to order the preparation of special license plates for the support of outreach programs and services for veterans and their families. These special license plates are available to veterans of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard, or the spouse, parent or child of such a veteran. (NRS 482.3763) Section 4 of this bill requires the Department to make the plates available: (1) to female veterans; and (2) with an optional image representative of female veterans. The fees for the initial issuance and renewal of the optional version of the special license plates for the support of outreach programs and services for veterans and their families are the same as for the regular version.

       Under existing law, new special license plates authorized by an act of the Legislature typically are subject to all of the following: (1) approval or disapproval by the Commission on Special License Plates; (2) the limitation on the number of separate designs of special license plates that may be issued by the Department at any one time; and (3) the requirement that the Department receive at least 1,000 applications for the issuance of the plate within 2 years after the effective date of the act of the Legislature. (NRS 482.367004, 482.367008, 482.36705) The optional special license plates for female veterans are exempt from all three of the preceding requirements because the plates are simply an optional version of existing special license plates for veterans.

       Existing law entitles a veteran who has suffered a 100-percent service-connected disability and who receives compensation from the United States for the disability to receive special license plates inscribed with the words “DISABLED VETERAN” or “VETERAN WHO IS DISABLED.” (NRS 482.377) Veterans with these license plates are entitled to certain privileges and exemptions related to parking. (NRS 482.377, 484B.463, 484B.467) Section 4.5 of this bill provides for the issuance of such plates inscribed with the words “DISABLED FEMALE VETERAN.”

 


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ê2011 Statutes of Nevada, Page 1990 (Chapter 352, AB 277)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:

 

     Sections 1-3.  (Deleted by amendment.)

     Sec. 4.  NRS 482.3763 is hereby amended to read as follows:

     482.3763  1.  The Director shall order the preparation of special license plates for the support of outreach programs and services for veterans and their families and establish procedures for the application for and issuance of the plates.

     2.  The Department shall, upon application therefor and payment of the prescribed fees, issue special license plates for the support of outreach programs and services for veterans and their families to:

     (a) A veteran of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States, a reserve component thereof or the National Guard; [or]

     (b) A female veteran; or

     (c) The spouse, parent or child of a person described in paragraph (a) [.] or (b).

Ê The plates must be inscribed with the word “VETERAN” and with the seal of the branch of the Armed Forces of the United States , [or] the seal of the National Guard [,] or an image representative of the female veterans, as applicable, requested by the applicant. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates for the support of outreach programs and services for veterans and their families if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates for the support of outreach programs and services for veterans and their families pursuant to subsection 4.

     3.  If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

     (a) Retain the plates and affix them to another vehicle which meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

     4.  In addition to all other applicable registration and license fees and governmental services taxes, and to the special fee imposed pursuant to NRS 482.3764 for the support of outreach programs and services for veterans and their families, the fee for:

     (a) The initial issuance of the special license plates is $35.

     (b) The annual renewal sticker is $10.

     5.  If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $10.

     Sec. 4.5.  NRS 482.377 is hereby amended to read as follows:

     482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his or her service:

 


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ê2011 Statutes of Nevada, Page 1991 (Chapter 352, AB 277)ê

 

     (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates inscribed with the words “DISABLED [VETERAN”] VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran, and three or four consecutive numbers.

     (b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words “EX PRISONER OF WAR” and three or four consecutive numbers.

     2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

     3.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability or former imprisonment required by the Department.

     4.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

     5.  If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

     (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

     Sec. 5.  The Nevada Veterans’ Services Commission, created by NRS 417.150, shall provide an image representative of female veterans to the Department of Motor Vehicles for the purposes of NRS 482.3763, as amended by section 4 of this act.

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ê2011 Statutes of Nevada, Page 1992ê

 

CHAPTER 353, AB 362

Assembly Bill No. 362–Assemblymen Diaz, Carrillo, Frierson, Dondero Loop, Sherwood; Aizley, Atkinson, Benitez-Thompson, Bobzien, Bustamante Adams, Daly, Flores, Horne, Kirkpatrick, Neal, Ohrenschall, Pierce, Segerblom and Smith

 

CHAPTER 353

 

[Approved: June 13, 2011]

 

AN ACT relating to education; establishing the Interim Task Force on Out-of-School-Time Programs; requiring the Task Force to prescribe standards for out-of-school-time programs and to make certain recommendations relating to out-of-school-time programs; exempting out-of-school-time programs, out-of-school recreation programs and seasonal or temporary recreation programs from licensure and regulation as child care facilities; requiring certain out-of-school recreation programs to obtain a permit; establishing certain requirements for the operation of an out-of-school recreation program; authorizing an out-of-school-time program to report certain information to the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a child care facility to be licensed by an agency created by a city or county for the licensing of child care facilities or by the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services. (NRS 432A.131, 432A.141) Section 13 of this bill removes the licensure requirements for out-of-school-time programs, out-of-school recreation programs and seasonal or temporary recreation programs by excluding those terms from the definition of “child care facility.”

       Section 2 of this bill defines an “out-of-school-time program” as a program that operates for 10 or more hours per week, is offered on a continuing basis, provides supervision of children who are of school age and provides regularly scheduled, structured and supervised activities where learning opportunities take place during times when a child is not in school. Section 4 of this bill defines an “out-of-school recreation program” which is similar to an out-of-school-time program, but which is operated or sponsored by a local government in a facility which is owned, operated or leased by the local government. Section 5 of the bill defines “seasonal or temporary recreation programs” which include certain programs offered to children for a limited time or duration.

       In lieu of the requirements for licensure as a child care facility, sections 6-11 of this bill provide specific requirements for out-of-school recreation programs. Section 6 requires a local government to obtain a permit to operate an out-of-school recreation program. To obtain a permit, the local government must complete an application, pay a fee and meet certain requirements. Section 7 requires a local government that operates an out-of-school recreation program to comply with certain health and safety standards and to comply with other requirements relating to the safety of participants. Section 8 provides certain requirements for the staff of an out-of-school recreation program. Section 8 also limits the number of participants in such a program and establishes certain components that must be included in the program. Section 9 requires an out-of-school recreation program to maintain certain records about participants in the program. Section 10 requires a local government that operates an out-of-school recreation program to provide copies of certain inspections of the facility where the program is conducted according to a schedule established by the Bureau.

 


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ê2011 Statutes of Nevada, Page 1993 (Chapter 353, AB 362)ê

 

of the facility where the program is conducted according to a schedule established by the Bureau. If the local government submits such records, section 10 prohibits the Bureau from conducting any additional on-site inspections of the facility. Section 11 authorizes the Bureau to adopt any regulations necessary to provide for the permits to operate an out-of-school recreation program.

       Section 17 of this bill establishes the Interim Task Force on Out-of-School-Time Programs and requires the Task Force to prescribe standards for out-of-school-time programs and make certain other recommendations concerning out-of-school-time programs. Section 17 also requires the Task Force to submit a report of its recommendations to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Nevada Legislature.

 

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 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 11, inclusive, of this act.

     Sec. 1.5.  “Local government” means any political subdivision of this State, including, without limitation, a city, county, town, school district or other district.

     Sec. 2.  “Out-of-school-time program” means a program, other than an out-of-school recreation program, that operates for 10 or more hours per week, is offered on a continuing basis, provides supervision of children who are of the age to attend school from kindergarten through 12th grade and provides regularly scheduled, structured and supervised activities where learning opportunities take place:

     1.  Before or after school;

     2.  On the weekend;

     3.  During the summer or other seasonal breaks in the school calendar; or

     4.  Between sessions for children who attend a school which operates on a year-round calendar.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  1.  “Out-of-school recreation program” means a recreation program operated or sponsored by a local government in a facility which is owned, operated or leased by the local government and which provides enrichment activities to children of school age:

     (a) Before or after school;

     (b) During the summer or other seasonal breaks in the school calendar; or

     (c) Between sessions for children who attend a school which operates on a year-round calendar.

     2.  The term does not include a seasonal or temporary recreation program.

     Sec. 5.  “Seasonal or temporary recreation program” means a recreation program that is offered to children for a limited time or duration and may include, without limitation:

     1.  A special sports event, which may include, without limitation, a camp, clinic, demonstration or workshop which focuses on a particular sport;

 


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ê2011 Statutes of Nevada, Page 1994 (Chapter 353, AB 362)ê

 

     2.  A therapeutic program for children with disabilities, which may include, without limitation, social activities, outings and other inclusion activities;

     3.  An athletic training program, which may include, without limitation, a baseball or other sports league and exercise instruction; and

     4.  Other special interest programs, which may include, without limitation, an arts and crafts workshop, a theater camp and dance competition.

     Sec. 6.  1.  To operate an out-of-school recreation program, a local government must obtain a permit. The local government may apply for the issuance or renewal of a permit by submitting an application on a form prescribed by the Bureau. The Bureau shall issue a permit to operate an out-of-school recreation program to the local government upon payment of the fee prescribed in subsection 2 and upon satisfaction that the program complies with the requirements set forth in sections 1.5 to 11, inclusive, of this act, and any regulations adopted pursuant thereto.

     2.  The Bureau shall charge a fee for a permit to operate an out-of-school recreation program based upon the number of sites operated by the out-of-school recreation program. If the out-of-school recreation program has:

     (a) At least 1 but not more than 5 sites, the Bureau shall charge a fee of $100.

     (b) At least 6 but not more than 20 sites, the Bureau shall charge a fee of $250.

     (c) At least 21 but not more than 40 sites, the Bureau shall charge a fee of $500.

     (d) At least 41 but not more than 60 sites, the Bureau shall charge a fee of $750.

     (e) At least 61 but not more than 80 sites, the Bureau shall charge a fee of $1,000.

     (f) At least 81 sites, the Bureau shall charge a fee of $1,250.

     3.  A permit issued pursuant to this section is nontransferable and is valid:

     (a) For 3 years from the date of issuance; and

     (b) Only as to a site specifically identified on the permit.

     Sec. 7.  A local government that operates an out-of-school recreation program shall ensure that each site:

     1.  Complies with applicable laws and regulations concerning safety standards;

     2.  Complies with applicable laws and regulations concerning health standards;

     3.  Has a complete first-aid kit accessible on-site that complies with the requirements of the Occupational Safety and Health Administration of the United States Department of Labor;

     4.  Has an emergency exit plan posted on-site in a conspicuous place; and

     5.  Has not less than two staff members on-site and available during the hours of operation who are certified and receive annual training in the use and administration of first aid, including, without limitation, cardiopulmonary resuscitation.

     Sec. 8.  A local government that operates an out-of-school recreation program shall:

 


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ê2011 Statutes of Nevada, Page 1995 (Chapter 353, AB 362)ê

 

     1.  Complete, for each member of the staff of the out-of-school recreation program:

     (a) A background and personal history check; and

     (b) A child abuse and neglect screening through the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against the staff member.

     2.  Ensure that each member of the staff of the out-of-school recreation program:

     (a) Meets the minimum requirements that have been established for the position; and

     (b) Receives an orientation and training concerning the abuse and neglect of children.

     3.  Ensure that the number of participants in the out-of-school recreation program:

     (a) Does not exceed a ratio of one person supervising every 20 participants; and

     (b) Will not cause the facility where the program is operated to exceed the maximum occupancy as determined by the State Fire Marshal or the local governmental entity that has the authority to determine the maximum occupancy of the facility.

     4.  Ensure that the out-of-school recreation program includes, without limitation:

     (a) An inclusion component for participants who qualify under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

     (b) Structured activities, including, without limitation, arts and crafts, games and sports;

     (c) Nonstructured activities, which may include, without limitation, free time for playing;

     (d) Regular restroom breaks; and

     (e) Nutrition breaks.

     Sec. 9.  1.  The out-of-school recreation program shall maintain records containing pertinent information regarding each participant in the program. Such information must include, without limitation:

     (a) The full legal name of the child and the preferred name of the child;

     (b) The date of birth of the child;

     (c) The current address where the child resides;

     (d) The name, address and telephone number of each parent or legal guardian of the child and any special instructions for contacting the parent or legal guardian during the hours when the child participates in the program;

     (e) Information concerning the health of the child, including, without limitation, any special needs of the child; and

     (f) Any other information requested by the Bureau.

     2.  The distribution of any information maintained pursuant to this section is subject to the limitations set forth in NRS 239.0105.

     Sec. 10.  1.  A local government that operates an out-of-school recreation program shall provide a copy of each report of an inspection conducted by a governmental entity that is authorized to conduct an inspection of the facility where the program is operated, including, without limitation, the report of an inspection by a local building department, a fire department, the State Fire Marshal or a district board of health.

 


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ê2011 Statutes of Nevada, Page 1996 (Chapter 353, AB 362)ê

 

limitation, the report of an inspection by a local building department, a fire department, the State Fire Marshal or a district board of health.

     2.  The Bureau shall establish a schedule for the submission of such reports which requires submission of a report of an on-site inspection once every 2 years and shall provide a checklist to the local government which identifies the reports that must be submitted to the Bureau.

     3.  The Bureau shall not require any additional inspections of the facility of an out-of-school recreation program which complies with the provisions of this section.

     Sec. 11.  The Bureau shall adopt any regulations necessary to carry out the provisions of sections 1.5 to 11, inclusive, of this act.

     Sec. 12.  NRS 432A.020 is hereby amended to read as follows:

     432A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.028, inclusive, and sections 1.5, 2, 4 and 5 of this act have the meanings ascribed to them in those sections.

     Sec. 13.  NRS 432A.024 is hereby amended to read as follows:

     432A.024  1.  “Child care facility” means:

     (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children;

     (b) An on-site child care facility;

     (c) A child care institution; or

     (d) An outdoor youth program.

     2.  “Child care facility” does not include:

     (a) The home of a natural parent or guardian, foster home as defined in NRS 424.014 or maternity home;

     (b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; [or]

     (c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity [.] ;

     (d) A location at which an out-of-school-time program is operated;

     (e) A seasonal or temporary recreation program; or

     (f) An out-of-school recreation program.

     Sec. 14.  NRS 202.2483 is hereby amended to read as follows:

     202.2483  1.  Except as otherwise provided in subsection 3, smoking tobacco in any form is prohibited within indoor places of employment including, but not limited to, the following:

     (a) Child care facilities;

     (b) Movie theatres;

     (c) Video arcades;

     (d) Government buildings and public places;

     (e) Malls and retail establishments;

     (f) All areas of grocery stores; and

     (g) All indoor areas within restaurants.

     2.  Without exception, smoking tobacco in any form is prohibited within school buildings and on school property.

     3.  Smoking tobacco is not prohibited in:

 


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ê2011 Statutes of Nevada, Page 1997 (Chapter 353, AB 362)ê

 

     (a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;

     (b) Stand-alone bars, taverns and saloons;

     (c) Strip clubs or brothels;

     (d) Retail tobacco stores;

     (e) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility; and

     (f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:

           (1) Is not open to the public;

           (2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and

           (3) Involves the display of tobacco products.

     4.  In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.

     5.  Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards set forth in this section.

     6.  “No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.

     7.  Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.

     8.  No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.

     9.  For the purposes of this section, the following terms have the following definitions:

     (a) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name.

     (b) “Child care facility” has the meaning ascribed to it in NRS [432A.024.] 441A.030.

     (c) “Completely enclosed area” means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.

     (d) “Government building” means any building or office space owned or occupied by:

           (1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;

 


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           (2) The State of Nevada and used for any public purpose; or

           (3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

     (e) “Health authority” has the meaning ascribed to it in NRS 202.2485.

     (f) “Incidental food service or sales” means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.

     (g) “Place of employment” means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.

     (h) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted.

     (i) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

     (j) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

     (k) “School building” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

     (l) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

     (m) “Stand-alone bar, tavern or saloon” means an establishment devoted primarily to the sale of alcoholic beverages to be consumed on the premises, in which food service is incidental to its operation, and provided that smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section. In addition, a stand-alone bar, tavern or saloon must be housed in either:

           (1) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or

           (2) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.

     (n) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.

     10.  Any statute or regulation inconsistent with this section is null and void.

     11.  The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.

     Sec. 15.  NRS 441A.030 is hereby amended to read as follows:

     441A.030  1.  “Child care facility” [has the meaning ascribed to it in NRS 432A.024.] means:

 


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     (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children;

     (b) An on-site child care facility as defined in NRS 432A.0275;

     (c) A child care institution as defined in NRS 432A.0245; or

     (d) An outdoor youth program as defined in NRS 432A.028.

     2.  “Child care facility” does not include:

     (a) The home of a natural parent or guardian, foster home as defined in NRS 424.014 or maternity home;

     (b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; or

     (c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity.

     Sec. 16.  NRS 444.065 is hereby amended to read as follows:

     444.065  1.  Except as otherwise provided in subsection 2, as used in NRS 444.065 to 444.120, inclusive, “public swimming pool” means any structure containing an artificial body of water that is intended to be used collectively by persons for swimming or bathing, regardless of whether a fee is charged for its use.

     2.  The term does not include any such structure at:

     (a) A private residence if the structure is controlled by the owner or other authorized occupant of the residence and the use of the structure is limited to members of the family of the owner or authorized occupant of the residence or invited guests of the owner or authorized occupant of the residence.

     (b) A family foster home as defined in NRS 424.013.

     (c) A child care facility, as defined in NRS [432A.024,] 441A.030, furnishing care to 12 children or less.

     (d) Any other residence or facility as determined by the State Board of Health.

     (e) Any location if the structure is a privately owned pool used by members of a private club or invited guests of the members.

     Sec. 17.  1.  There is hereby created the Interim Task Force on Out-of-School-Time Programs. The Task Force is composed of the following 12 members:

     (a) A representative of the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services, appointed by the Administrator of the Division;

     (b) A representative of local governmental agencies that provide public services for children, appointed by the Nevada Association of Counties or its successor organization;

     (c) A representative of the Nevada System of Higher Education, appointed by the Board of Regents of the University of Nevada;

     (d) A representative of the public schools in this State, appointed by the State Board of Education;

     (e) A representative of a national nonprofit organization that provides services to children, appointed by the Legislative Commission;

     (f) A representative of a nonprofit organization that is located in Nevada and provides services to children, appointed by the Legislative Commission;

 


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     (g) A representative of a nonprofit organization that is located in Nevada and provides support to an out-of-school-time program, appointed by the Legislative Commission;

     (h) A representative of a private, for profit organization that is located in Nevada and provides services to children, appointed by the Legislative Commission;

     (i) A representative of an agency that provides resources and referrals to out-of-school-time programs, appointed by the Legislative Commission;

     (j) A representative of a faith-based organization that provides services to children, appointed by the Legislative Commission; and

     (k) Two members who are parents of children in this State, appointed by the Legislative Commission.

     2.  The Administrator of the Division of Child and Family Services of the Department of Health and Human Services, the Nevada Association of Counties, the Board of Regents of the University of Nevada, the State Board of Education and the Legislative Commission shall appoint the members of the Task Force as soon as practicable after July 1, 2011. A vacancy on the Task Force must be filled in the same manner as the original appointment.

     3.  The Task Force shall meet on or before October 1, 2011, and at its first meeting the members of the Task Force shall elect a Chair from among the members. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Task Force.

     4.  The Task Force shall meet at least once every 3 months and at the call of the Chair or a majority of the members of the Task Force.

     5.  Each member of the Task Force serves without compensation. Each member of the Task Force who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation to prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member and shall not require the member to take annual vacation or compensatory time for the absence.

     6.  The Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services shall provide administrative support to the Task Force and may accept assistance from a nonprofit organization in providing such support.

     7.  The Task Force shall:

     (a) Prescribe standards for out-of-school-time programs;

     (b) Make recommendations concerning out-of-school-time programs and the implementation of the standards prescribed by the Task Force, including, without limitation, recommendations for a pilot program for the standards; and

     (c) Make recommendations concerning whether out-of-school-time programs should be licensed and regulated by the Bureau of Services for Child Care.

 


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     8.  The Task Force shall, on or before June 30, 2012, submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 77th Session of the Nevada Legislature. The report must include, without limitation:

     (a) A full and detailed description of the standards for out-of-school-time programs prescribed by the Task Force;

     (b) Recommendations concerning the establishment of a pilot program for the standards prescribed by the Task Force;

     (c) Recommendations concerning whether out-of-school-time programs should be licensed and regulated by the Bureau of Services for Child Care; and

     (d) Any other recommendations for legislation relating to out-of-school-time programs.

     9.  An out-of-school-time program may register with the Bureau of Services for Child Care or other entity designated by the Bureau. By registering with the Bureau, the out-of-school-time program agrees to comply with the standards established by the Task Force and to participate in any pilot project established pursuant to subsection 8.

     10.  As used in this section, “out-of-school-time program” has the meaning ascribed to it in section 2 of this act.

     Sec. 18.  1.  This act becomes effective on July 1, 2011.

     2.  Section 17 of this act expires by limitation on June 30, 2013.

________

CHAPTER 354, SB 267

Senate Bill No. 267–Senator Wiener

 

CHAPTER 354

 

[Approved: June 13, 2011]

 

AN ACT relating to personal information; authorizing the Office of Information Security of the Department of Information Technology to adopt certain regulations relating to encryption; revising provisions governing the protection of personal information collected by a data collector; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prohibits a data collector from moving any data storage device containing personal information beyond the control of the data collector or its data storage contractor unless the data collector uses encryption to ensure the security of the information. (NRS 603A.215) Section 5.5 of this bill authorizes the Office of Information Security of the Department of Information Technology, upon receipt of a well-founded petition, to adopt regulations which identify alternative methods or technologies which may be used by a data collector to encrypt certain data. Section 6 of this bill additionally prohibits a data collector from moving a data storage device which is used by or is a component of a multifunctional device beyond the control of the data collector, its data storage contractor or a person who assumes the obligation of the data collector to protect personal information unless the data collector uses encryption to ensure the security of the information.

 


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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 1-5.  (Deleted by amendment.)

     Sec. 5.5.  Chapter 603A of NRS is hereby amended by adding thereto a new section to read as follows:

     Upon receipt of a well-founded petition, the Office of Information Security of the Department of Information Technology may, pursuant to chapter 233B of NRS, adopt regulations which identify alternative methods or technologies which may be used to encrypt data pursuant to NRS 603A.215.

     Sec. 6.  NRS 603A.215 is hereby amended to read as follows:

     603A.215  1.  If a data collector doing business in this State accepts a payment card in connection with a sale of goods or services, the data collector shall comply with the current version of the Payment Card Industry (PCI) Data Security Standard, as adopted by the PCI Security Standards Council or its successor organization, with respect to those transactions, not later than the date for compliance set forth in the Payment Card Industry (PCI) Data Security Standard or by the PCI Security Standards Council or its successor organization.

     2.  A data collector doing business in this State to whom subsection 1 does not apply shall not:

     (a) Transfer any personal information through an electronic, nonvoice transmission other than a facsimile to a person outside of the secure system of the data collector unless the data collector uses encryption to ensure the security of electronic transmission; or

     (b) Move any data storage device containing personal information beyond the logical or physical controls of the data collector , [or] its data storage contractor or, if the data storage device is used by or is a component of a multifunctional device, a person who assumes the obligation of the data collector to protect personal information, unless the data collector uses encryption to ensure the security of the information.

     3.  A data collector shall not be liable for damages for a breach of the security of the system data if:

     (a) The data collector is in compliance with this section; and

     (b) The breach is not caused by the gross negligence or intentional misconduct of the data collector, its officers, employees or agents.

     4.  The requirements of this section do not apply to:

     (a) A telecommunication provider acting solely in the role of conveying the communications of other persons, regardless of the mode of conveyance used, including, without limitation:

          (1) Optical, wire line and wireless facilities;

           (2) Analog transmission; and

           (3) Digital subscriber line transmission, voice over Internet protocol and other digital transmission technology.

     (b) Data transmission over a secure, private communication channel for:

           (1) Approval or processing of negotiable instruments, electronic fund transfers or similar payment methods; or

 


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           (2) Issuance of reports regarding account closures due to fraud, substantial overdrafts, abuse of automatic teller machines or related information regarding a customer.

     5.  As used in this section:

     (a) “Data storage device” means any device that stores information or data from any electronic or optical medium, including, but not limited to, computers, cellular telephones, magnetic tape, electronic computer drives and optical computer drives, and the medium itself.

     (b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using:

           (1) An encryption technology that has been adopted by an established standards setting body, including, but not limited to, the Federal Information Processing Standards issued by the National Institute of Standards and Technology, which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data; [and]

           (2) Appropriate management and safeguards of cryptographic keys to protect the integrity of the encryption using guidelines promulgated by an established standards setting body, including, but not limited to, the National Institute of Standards and Technology [.] ; and

          (3) Any other technology or method identified by the Office of Information Security of the Department of Information Technology in regulations adopted pursuant to section 5.5 of this act.

     (c) “Facsimile” means an electronic transmission between two dedicated fax machines using Group 3 or Group 4 digital formats that conform to the International Telecommunications Union T.4 or T.38 standards or computer modems that conform to the International Telecommunications Union T.31 or T.32 standards. The term does not include onward transmission to a third device after protocol conversion, including, but not limited to, any data storage device.

     (d) “Multifunctional device” means a machine that incorporates the functionality of devices, which may include, without limitation, a printer, copier, scanner, facsimile machine or electronic mail terminal, to provide for the centralized management, distribution or production of documents.

     (e) “Payment card” has the meaning ascribed to it in NRS 205.602.

     [(e)] (f) “Telecommunication provider” has the meaning ascribed to it in NRS 704.027.

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CHAPTER 355, SB 289

Senate Bill No. 289–Senator Copening (by request)

 

CHAPTER 355

 

[Approved: June 13, 2011]

 

AN ACT relating to insurance; revising provisions relating to nonadmitted insurance; authorizing the Commissioner of Insurance to enter into a multi-state agreement concerning nonadmitted insurance; revising provisions relating to the assessment and disbursement of taxes on nonadmitted insurance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, certain insurance coverages that cannot be procured from authorized insurers in Nevada, known as surplus lines, may be obtained from unauthorized insurers if certain conditions are met. (NRS 685A.040) Additionally, a tax is assessed on the premiums charged for surplus lines coverages. (NRS 685A175, 685A.180) On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act, of which the Nonadmitted and Reinsurance Reform Act (NRRA) was a part, was signed into law. (Pub. L. No. 111-203, 124 Stat. 1376) The NRRA authorizes the states to participate in a multi-state agreement to allocate premium tax proceeds for nonadmitted insurance on multi-state risks amongst the states and prohibits any state other than the insured’s home state from collecting premium taxes on nonadmitted insurance. The NRRA also prohibits any state other than the insured’s home state from regulating the placement of nonadmitted insurance and from requiring a surplus lines broker to be licensed. (15 U.S.C. §§ 8201 et seq.)

       This bill makes various changes to existing law to conform to the NRRA. Sections 17, 32 and 33 of this bill authorize the Commissioner to enter into a multi-state agreement concerning nonadmitted insurance and to provide for the payment of premium tax to and disbursement of premium tax from the clearinghouse established through the multi-state agreement.

 

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 680B.040 is hereby amended to read as follows:

     680B.040  1.  Every insured [in] for whom this State is the home state as defined in section 8 of this act who procures or causes to be procured or continues or renews insurance in an unauthorized alien or foreign insurer, or any self-insurer in this State who [so] procures or continues excess loss, catastrophe or other insurance, [upon a subject of insurance resident, located or to be performed within this State,] other than insurance procured through a surplus line broker pursuant to chapter 685A of NRS or exempted from that chapter, shall within [30] 45 days after the [date] end of each quarter in which such insurance was so procured, continued or renewed, file a written report [with the Department of Taxation on forms prescribed by the Executive Director of the Department of Taxation in cooperation with] as directed by the Commissioner pursuant to chapter 685A of NRS and furnished to such an insured upon request. The report must show:

     (a) The name and address of the insured or insureds.

     (b) The name and address of the insurer.

 


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     (c) The subject of the insurance.

     (d) A general description of the coverage.

     (e) The premium currently charged therefor.

     (f) Such additional pertinent information as is reasonably requested by the Commissioner or the [Executive Director of the Department of Taxation.] designee of the Commissioner.

Ê If any such insurance covers also a subject of insurance resident, located or to be performed outside of this State [,] for which this State is the home state of the insured as defined in section 8 of this act, for the purposes of this section a proper pro rata portion of the entire premium payable for all such insurance must be allocated [as to the subjects of insurance resident, located or to be performed in this State.] and disbursed pursuant to the provisions of chapter 685A of NRS.

     2.  [Any insurance in an unauthorized insurer procured through negotiations or an application in whole or in part occurring or made within or from within this State, or for which premiums in whole or in part are remitted directly or indirectly from within this State, shall be deemed to be insurance procured or continued or renewed in this State within the intent of subsection 1.

     3.]  For the general support of the government of this State there is levied upon the obligation, chose in action or right represented by the premium charged or payable for such insurance a tax at the rate prescribed in NRS [680B.027.] 685A.175 and 685A.180. The insured shall withhold the amount of the tax from the amount of premium charged by and otherwise payable to the insurer for such insurance, and within 30 days after the insurance was so procured, continued or renewed, and coincidentally with the filing of the report provided for in subsection 1, the insured shall pay the amount of the tax [to the State Treasurer through the Department of Taxation.

     4.] as directed by the Commissioner.

     3.  If the insured fails to withhold from the premium the amount of tax levied in this section, the insured is liable for the amount of the tax and shall pay it [to the Department of Taxation] as directed by the Commissioner within the time stated in subsection [3.

     5.] 2.

     4.  If the insured fails to pay the tax imposed by this section, the insured shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the Department of Taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.

     [6.] 5.  The tax is collectible from the insured by civil action brought by the Department of Taxation, and by the seizure, distraint and sale of any property of the insured situated in this State.

     [7.] 6.  This section does not abrogate or modify any other provision of this Code.

     [8.] 7.  This section does not apply to life or disability insurances.

     [9.] 8.  The provisions of this section do not prohibit the procurement of insurance from an unauthorized alien or foreign insurer by a person in accordance with the requirements of subsection 9 of NRS 680A.070.

 


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     [10.  The Department of Taxation shall report to the Commissioner concerning independently procured insurance transactions reported to the Department of Taxation pursuant to this section.]

     Sec. 2.  NRS 680C.110 is hereby amended to read as follows:

     680C.110  1.  In addition to any other fee or charge, the Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, the fees required by this section.

     2.  A fee required by this section must be:

     (a) If an initial fee, paid at the time of an initial application or issuance of a license, as applicable;

     (b) If an annual fee, paid on or before March 1 of every year;

     (c) If a triennial fee, paid on or before the time of continuation, renewal or other similar action in regard to a certificate, license, permit or other type of authorization, as applicable; and

     (d) Deposited in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.

     3.  The fees required pursuant to this section are not refundable.

     4.  The following fees must be paid by the following persons to the Commissioner:

     (a) Associations of self-insured private employers, as defined in NRS 616A.050:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (b) Associations of self-insured public employers, as defined in NRS 616A.055:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (c) External review organizations, as provided for in NRS 616A.469 or 683A.371, or both:

           (1) Initial fee..................................................................................................................................... $60

           (2) Annual fee.................................................................................................................................. $60

     (d) Insurers not otherwise provided for in this subsection:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (e) Producers of insurance, as defined in NRS 679A.117:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (f) Accredited reinsurers, as provided for in NRS 681A.160:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (g) Intermediaries, as defined in NRS 681A.330:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (h) Reinsurers, as defined in NRS 681A.370:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (i) Administrators, as defined in NRS 683A.025:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (j) Managing general agents, as defined in NRS 683A.060:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

 


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     (k) Agents who perform utilization reviews, as defined in NRS 683A.376:

           (1) Initial fee..................................................................................................................................... $60

           (2) Annual fee.................................................................................................................................. $60

     (l) Insurance consultants, as defined in NRS 683C.010:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (m) Independent adjusters, as defined in NRS 684A.030:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (n) Public adjusters, as defined in NRS 684A.030:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (o) Associate adjusters, as defined in NRS 684A.030:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (p) Motor vehicle physical damage appraisers, as defined in NRS 684B.010:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (q) Brokers, as defined in [NRS 685A.030:] section 5 of this act:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (r) Eligible surplus line insurers, as provided for in NRS 685A.070:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (s) Companies, as defined in NRS 686A.330:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (t) Rate service organizations, as defined in NRS 686B.020:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (u) Brokers of viatical settlements, as defined in NRS 688C.030:

           (1) Initial fee..................................................................................................................................... $60

           (2) Annual fee.................................................................................................................................. $60

     (v) Providers of viatical settlements, as defined in NRS 688C.080:

           (1) Initial fee..................................................................................................................................... $60

           (2) Annual fee.................................................................................................................................. $60

     (w) Agents for prepaid burial contracts subject to the provisions of chapter 689 of NRS:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (x) Agents for prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

 


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     (y) Sellers of prepaid burial contracts subject to the provisions of chapter 689 of NRS:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (z) Sellers of prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (aa) Providers, as defined in NRS 690C.070:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (bb) Escrow officers, as defined in NRS 692A.028:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (cc) Title agents, as defined in NRS 692A.060:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (dd) Captive insurers, as defined in NRS 694C.060:

           (1) Initial fee................................................................................................................................... $250

           (2) Annual fee................................................................................................................................ $250

     (ee) Fraternal benefit societies, as defined in NRS 695A.010:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (ff) Insurance agents for societies, as provided for in NRS 695A.330:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (gg) Corporations subject to the provisions of chapter 695B of NRS:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (hh) Health maintenance organizations, as defined in NRS 695C.030:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (ii) Organizations for dental care, as defined in NRS 695D.060:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (jj) Purchasing groups, as defined in NRS 695E.100:

           (1) Initial fee................................................................................................................................... $250

           (2) Annual fee................................................................................................................................ $250

     (kk) Risk retention groups, as defined in NRS 695E.110:

           (1) Initial fee................................................................................................................................... $250

           (2) Annual fee................................................................................................................................ $250

     (ll) Prepaid limited health service organizations, as defined in NRS 695F.050:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (mm) Medical discount plans, as defined in NRS 695H.050:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

 


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     (nn) Club agents, as defined in NRS 696A.040:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (oo) Motor clubs, as defined in NRS 696A.050:

           (1) Initial fee................................................................................................................................ $1,300

           (2) Annual fee............................................................................................................................. $1,300

     (pp) Bail agents, as defined in NRS 697.040:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (qq) Bail enforcement agents, as defined in NRS 697.055:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (rr) Bail solicitors, as defined in NRS 697.060:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     (ss) General agents, as defined in NRS 697.070:

           (1) Initial fee..................................................................................................................................... $60

           (2) Triennial fee................................................................................................................................ $60

     Sec. 3.  NRS 683A.321 is hereby amended to read as follows:

     683A.321  1.  A producer of insurance shall not act as an agent unless he or she is appointed as an agent by the insurer. A producer who is not acting as an agent is a broker who does not need to be appointed.

     2.  To appoint a producer of insurance as its agent, an insurer must file, in a form approved by the Commissioner, a notice of appointment within 15 days after the contract is executed or the first application for insurance is submitted. An insurer may appoint a producer to act as agent for all or some insurers within its holding company or group by filing a single notice of appointment. A notice of appointment may include several agents.

     3.  Upon receipt of a notice of appointment, the Commissioner shall determine within 30 days whether the producer of insurance is eligible for appointment. If the producer of insurance is not, the Commissioner shall so notify the insurer within 5 days after the determination is made.

     4.  An insurer shall pay an appointment fee and remit an annual renewal fee for each producer of insurance appointed as its agent. A payment or remittance may include fees for several agents.

     5.  A broker shall not place insurance, other than life insurance, health insurance, annuity contracts or coverage written pursuant to the [Surplus Lines] Nonadmitted Insurance Law set forth in chapter 685A of NRS, that covers property or risks within this state unless the broker does so with a licensed agent of an authorized insurer.

     6.  A producer who is acting as an agent may also act as and be a broker with regard to insurers for which he or she is not acting as an agent. The sole relationship between an insurer and a broker who is appointed as an agent by the insurer as to any transactions arising during the period in which the broker is appointed as an agent is that of insurer and agent, and not insurer and broker.

     7.  As used in this section:

     (a) “Agent” means a producer of insurance who is compensated by the insurer and sells, solicits or negotiates insurance for the insurer.

     (b) “Broker” means a producer of insurance who:

 


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           (1) Is not an agent of an insurer;

           (2) Solicits, negotiates or procures insurance on behalf of an insured or prospective insured; and

           (3) Does not have the power, by his or her own actions as a broker, to obligate an insurer upon any risk or with reference to any transaction of insurance.

     Sec. 4.  Chapter 685A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 18, inclusive, of this act.

     Sec. 5.  “Broker” means a surplus lines broker duly licensed as such under this chapter.

     Sec. 6.  1.  “Exempt commercial purchaser” means any person or political subdivision of this State purchasing commercial insurance:

     (a) Who, at the time of placement, employs or retains a qualified risk manager to negotiate insurance coverage;

     (b) Who, at the time of placement, has paid aggregate nationwide commercial property and casualty insurance premiums of more than $100,000 in the immediately preceding 12 months; and

     (c) Who, at the time of placement, satisfies one of the following conditions:

           (1) Possesses a net worth of more than $20,000,000;

           (2) Generates annual revenues of more than $50,000,000;

           (3) Employs more than 500 full-time or full-time equivalent employees or is a member of an affiliated group that employs more than 1,000 employees in the aggregate;

           (4) Is a nonprofit organization or public entity that generates annual budgeted expenditures of $30,000,000 or more; or

           (5) Is a city whose population is 25,000 or more or a county whose population is 20,000 or more.

     2.  The amounts set forth in subparagraphs (1), (2) and (4) of paragraph (c) of subsection 1 must be adjusted on or before January 1, 2015, and every 5 years thereafter to reflect inflation, as measured by the average percentage of increase or decrease in the Consumer Price Index for All Urban Consumers of the United States Department of Labor, Bureau of Labor Statistics for the preceding 5 years. The Commissioner shall determine the amount of the increase or decrease required by this subsection and establish the adjusted amounts to take effect on January 1 of that year.

     Sec. 7.  “Export” means to place insurance in an unauthorized insurer under this chapter.

     Sec. 8.  “Home state” means:

     1.  For an insured:

     (a) The state in which the insured maintains its principal place of business or, in the case of an individual, the individual’s principal residence; or

     (b) If 100 percent of the insured risk is located outside of the state determined pursuant to paragraph (a), the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated.

     2.  If more than one insured from an affiliated group is a named insured on a single nonadmitted insurance contract, the state determined pursuant to paragraph (a) of subsection 1 for the member of the affiliated group that has the largest percentage of premium attributed to it under the nonadmitted insurance contract.

 


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pursuant to paragraph (a) of subsection 1 for the member of the affiliated group that has the largest percentage of premium attributed to it under the nonadmitted insurance contract.

     3.  For a policy of group insurance:

     (a) If the group policyholder pays 100 percent of the premium from its own funds, the state determined pursuant to paragraph (a) of subsection 1 for the group policyholder.

     (b) If the group policyholder does not pay 100 percent of the premium from its own funds, the state determined pursuant to paragraph (a) of subsection 1 for the group member.

     Sec. 9.  “Independently procured insurance” means insurance procured directly by an insured from a nonadmitted insurer.

     Sec. 10.  “Multi-state risk” means a risk covered by a nonadmitted insurer to which the insured is exposed in more than one state.

     Sec. 11.  “Nonadmitted insurance” means any property and casualty insurance permitted to be placed directly or through a broker with a nonadmitted insurer eligible to accept such insurance. The term includes both independently procured insurance and surplus lines insurance.

     Sec. 12.  “Nonadmitted insurer” means an insurer not authorized to engage in the business of insurance in this State. The term does not include a risk retention group as that term is defined in 15 U.S.C. § 3901(a)(4).

     Sec. 13.  “Principal place of business” means, for the purpose of determining the home state of the insured:

     1.  The state where the insured maintains its headquarters and where the insured’s high-level officers direct, control and coordinate its business activities;

     2.  If the insured’s high-level officers direct, control and coordinate its business activities in more than one state, the state in which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated; or

     3.  If the insured’s high-level officers direct, control and coordinate its business activities outside of any state, the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated.

     Sec. 14.  “Principal residence” means, for the purpose of determining the home state of the insured:

     1.  The state where the insured resides for the greatest number of days during a calendar year; or

     2.  If the insured’s principal residence is located outside of any state, the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated.

     Sec. 15.  “Surplus lines insurance” means insurance procured by an insured through a broker with a nonadmitted insurer eligible to accept such insurance.

     Sec. 16.  Except as otherwise provided in NRS 685A.020, this chapter applies to nonadmitted insurance.

     Sec. 17.  1.  The Commissioner may, with the approval of the State Board of Examiners, on behalf of the State enter into a multi-state agreement to preserve the ability of this State to collect premium tax on multi-state risks.

 


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     2.  If, within 18 months after the Commissioner enters into a multi-state agreement pursuant to subsection 1, the Commissioner conducts a hearing pursuant to the provisions of chapter 233B of NRS concerning participation in the multi-state agreement, the Commissioner shall submit to the State Board of Examiners and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the findings of the Commissioner pursuant to the hearing.

     3.  The State Board of Examiners shall review and may accept the findings of the Commissioner. If the Commissioner finds and the State Board of Examiners accepts that because of the effect of the multi-state agreement on the gross receipt of premiums collected in this State:

     (a) It is in the best interest of the State to continue to participate in the multi-state agreement, the State Board of Examiners may approve the State’s continued participation in the multi-state agreement.

     (b) It is not in the best interest of the State to continue to participate in the multi-state agreement, the State Board of Examiners may approve the State’s withdrawal from the multi-state agreement.

     Sec. 18.  The Commissioner may adopt regulations as necessary to ensure compliance with federal law relating to nonadmitted insurance, including, without limitation, the Nonadmitted and Reinsurance Reform Act, 15 U.S.C. §§ 8201, et seq.

     Sec. 19.  NRS 685A.010 is hereby amended to read as follows:

     685A.010  This chapter constitutes and may be cited as the [Surplus Lines] Nonadmitted Insurance Law.

     Sec. 20.  NRS 685A.020 is hereby amended to read as follows:

     685A.020  The [Surplus Lines] Nonadmitted Insurance Law shall not apply to reinsurance, or to the following insurances when placed by general lines agents or general lines brokers or surplus lines brokers licensed as such by this state [:] or when procured directly by an insured from a nonadmitted insurer:

     1.  Wet marine and transportation insurance;

     2.  Insurance of subjects located, resident or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state;

     3.  Insurance of property and operations of railroads engaged in interstate commerce;

     4.  Insurance of aircraft of common carriers, or cargo of such aircraft, or against liability, other than employer’s liability, arising out of the ownership, maintenance or use of such aircraft; or

     5.  Insurance of automobile bodily injury and property damage liability risks when written in Mexican insurers and covering in Mexico and not in the United States of America.

     Sec. 21.  NRS 685A.030 is hereby amended to read as follows:

     685A.030  As used in this chapter [:

     1.  Unless] , unless the context otherwise requires, [“broker” means a surplus lines broker duly licensed as such under this chapter.

     2.  To “export” means to place in an unauthorized insurer under this chapter insurance covering a subject of insurance resident, located or to be performed in Nevada.] the words and terms defined in sections 5 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

 


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     Sec. 22.  NRS 685A.040 is hereby amended to read as follows:

     685A.040  If this State is the insured’s home state and certain insurance coverages cannot be procured from authorized insurers, such coverages, designated in this chapter as [“surplus lines,”] nonadmitted insurance, may be procured from unauthorized insurers, subject to the following conditions:

     1.  The insurance must be procured through a [surplus lines] broker licensed as such under this chapter [.] or procured by an insured directly from a nonadmitted insurer as permitted by law.

     2.  [The] Except as otherwise provided in subsection 5, the full amount of insurance required must not be procurable [,] from an insurer authorized to engage in the business of insurance in this State, after diligent effort has been made to do so.

     3.  The insurance must not be so exported for the purpose of procuring it at a premium rate lower than would be accepted by any authorized insurer; difference in rates alone will not support the export of the insurance if any authorized insurer is able and willing to carry the risk.

     4.  Differences, bearing directly upon the cost of insurance, in the terms of policies which otherwise provide substantially the same coverage will not support the export of the insurance.

     5.  A broker is not required to make a diligent effort to determine whether the full amount or type of insurance can be obtained from admitted insurers when the broker is seeking to procure or place nonadmitted insurance for an exempt commercial purchaser if:

     (a) The broker procuring or placing the nonadmitted insurance has disclosed to the exempt commercial purchaser that such insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and

     (b) The exempt commercial purchaser has subsequently requested in writing for the broker to procure or place such insurance from a nonadmitted insurer.

     Sec. 23.  NRS 685A.050 is hereby amended to read as follows:

     685A.050  1.  At the time of effecting any surplus lines insurance for which this State is the home state, the broker shall [execute an affidavit,] , within 90 days after such insurance is so effected, submit a report, in the form prescribed or accepted by the Commissioner, setting forth facts from which it can be determined whether such insurance is eligible for export under NRS 685A.040.

     2.  The broker shall [file this affidavit] keep in his or her office the report prepared pursuant to subsection 1 along with the report of coverage and any other information the Commissioner requires . [within 90 days after the insurance is so effected, as required under regulations adopted pursuant to NRS 685A.210.]

     3.  The report prepared pursuant to subsection 1 must not be removed from the office of the broker and must be open to examination by the Commissioner or a representative of the Commissioner at all times within 5 years after issuance of the coverage to which it relates.

     Sec. 24.  NRS 685A.060 is hereby amended to read as follows:

     685A.060  1.  The Commissioner may by order declare eligible for export generally and without compliance with subsections 2, 3 and 4 of NRS 685A.040 and NRS 685A.050, any class or classes of insurance coverage or risk for which the Commissioner finds that there is not a reasonable or adequate market among authorized insurers either as to acceptance of the risk, contract terms, or premium or premium rate.

 


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adequate market among authorized insurers either as to acceptance of the risk, contract terms, or premium or premium rate. Any such order shall continue in effect during the existence of the conditions upon which predicated, but subject to earlier termination by the Commissioner.

     2.  [The] For surplus lines insurance, the broker shall file with or as directed by the Commissioner a memorandum as to each such coverage placed by the broker in an unauthorized insurer, in such form and context as the Commissioner may reasonably require for the identification of the coverage and determination of the tax payable to the State relative thereto.

     3.  The broker, or a licensed Nevada agent of the authorized insurer or a general lines broker, may also place with authorized insurers any insurance coverage made eligible for export generally under subsection 1, and without regard to rate or form filings which may otherwise be applicable to the authorized insurer. As to coverages so placed in an authorized insurer the premium tax thereon shall be reported and paid by the insurer as required generally under chapter 680B of NRS.

     Sec. 25.  NRS 685A.070 is hereby amended to read as follows:

     685A.070  1.  A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible pursuant to this section.

     2.  [Except] With respect to nonadmitted insurance for insureds for which this State is the home state, except as otherwise provided in this section, an insurer is not eligible to accept surplus lines or independently procured risks pursuant to this chapter unless it has capital and surplus [as to policyholders] or its equivalent in an amount of not less than $15,000,000 [and, if] or the minimum capital and surplus requirements pursuant to NRS 680A.120, whichever is greater.

     3.  The requirements of subsection 2 may be satisfied by an insurer possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the Commissioner. The finding must be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability and company record and reputation within the industry. The Commissioner shall not make an affirmative finding of acceptability when the nonadmitted insurer’s capital and surplus is less than $4,500,000.

     4.  A broker shall not place surplus lines insurance with an alien insurer, unless the alien insurer is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissioners or, if the alien insurer is not listed on the Quarterly Listing of Alien Insurers, it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established pursuant to terms that are reasonably adequate to protect all of its policyholders in the United States. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of:

     (a) A single alien insurer, such a trust fund must not be less than the greater of $5,400,000 or 30 percent of the gross liabilities of the alien insurer for surplus lines in the United States, excluding any liabilities for aviation, wet marine and transportation insurance, not to exceed $60,000,000, to be determined annually on the basis of accounting practices and procedures that are substantially equivalent to the accounting practices and procedures applicable in this State as of December 31 of the year immediately preceding the date of the determination where:

 


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are substantially equivalent to the accounting practices and procedures applicable in this State as of December 31 of the year immediately preceding the date of the determination where:

           (1) The liabilities are maintained in an irrevocable trust account in a qualified financial institution in the United States, on behalf of policyholders in the United States, consisting of cash, securities, letters of credit or any other investments of substantially the same character and quality as investments that are eligible investments pursuant to chapter 682A of NRS for the capital and statutory reserves of admitted insurers to write like kinds of insurance in this State. The trust fund, which must be included in any calculation of capital and surplus or its equivalent, must comply with the requirements set forth in the Standard Trust Agreement required for listing with the International Insurers Department of the National Association of Insurance Commissioners;

           (2) The alien insurer may request approval by the Commissioner to use the trust fund to pay any valid claim against a surplus line if the balance of the trust fund is not, during any period, less than $5,400,000 or 30 percent of the alien insurer’s current gross liabilities for surplus lines in the United States, excluding any liabilities for aviation, wet marine and transportation insurance; and

           (3) In calculating the amount of the trust fund required by this subsection, credit must be given for any deposits for any surplus lines that are separately required and maintained within a state or territory of the United States, not to exceed the amount of the alien insurer’s loss and loss adjustment reserves maintained in that state or territory.

     (b) A group of insurers which includes individual unincorporated insurers, such a trust fund must not be less than $100,000,000.

     (c) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. Each insurer within the group must individually maintain capital and surplus of not less than $25,000,000. The group of incorporated insurers must:

           (1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom;

           (2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers’ liabilities attributable to insurance written in the United States; and

           (3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.

     [(d) An insurance exchange created by the laws of a state, the insurance exchange shall have and maintain a trust fund in an amount of not less than $75,000,000 or have a surplus as to policyholders in an amount of not less than $75,000,000. If an insurance exchange maintains money for the protection of all policyholders, each syndicate shall maintain minimum capital and surplus of not less than $15,000,000 and must qualify separately to be eligible for the acceptance of surplus lines risks pursuant to this chapter.

Ê The Commissioner may require larger trust funds or surplus as to policyholders than those set forth in this section if, in the judgment of the Commissioner, the volume of business being transacted or proposed to be transacted warrants larger amounts.

 


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     3.  An insurer is not eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a]

     5.  A foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada [.

     4.  The Commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by the Commissioner to be eligible currently, and may mail a copy of the list to each broker at his or her office last of record with the Commissioner. To be placed on the list, a surplus lines insurer must file an application with the Commissioner. The application must be accompanied by a nonrefundable fee of $2,450 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. To remain on the list, a surplus lines insurer must pay, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. This subsection does not require the Commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the Commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the Commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by the broker.] and for which this State is the home state of the insured.

     Sec. 26.  NRS 685A.090 is hereby amended to read as follows:

     685A.090  Each insurance contract procured and delivered as a [surplus lines] nonadmitted coverage pursuant to this chapter must have conspicuously stamped upon it:

 

This insurance contract is issued pursuant to the Nevada insurance laws by an insurer neither licensed by nor under the supervision of the Division of Insurance of the Department of Business and Industry of the State of Nevada. If the insurer is found insolvent, a claim under this contract is not covered by the Nevada Insurance Guaranty Association Act.

     Sec. 27.  NRS 685A.100 is hereby amended to read as follows:

     685A.100  Insurance contracts procured as [surplus lines] nonadmitted coverage from unauthorized insurers in accordance with this chapter shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issued by authorized insurers.

     Sec. 28.  NRS 685A.110 is hereby amended to read as follows:

     685A.110  1.  As to a surplus lines risk which has been assumed by an unauthorized insurer pursuant to the [Surplus Lines] Nonadmitted Insurance Law, and if the premium thereon has been received by the surplus lines broker who placed such insurance, in all questions thereafter arising under the coverage between the insurer and the insured the insurer shall be deemed to have received the premium due to it for such coverage; and the insurer shall be liable to the insured for losses covered by such insurance, and for unearned premiums which may become payable to the insured upon cancellation of such insurance, whether or not in fact the broker is indebted to the insurer with respect to such insurance or for any other cause.

 


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     2.  Each unauthorized insurer assuming a surplus lines risk under the [Surplus Lines] Nonadmitted Insurance Law shall be deemed thereby to have subjected itself to the terms of this section.

     Sec. 29.  NRS 685A.120 is hereby amended to read as follows:

     685A.120  1.  No person may act as, hold himself or herself out as or be a surplus lines broker with respect to subjects of insurance [resident, located or to be performed in this State or elsewhere] for which this State is the insured’s home state unless the person is licensed as such by the Commissioner pursuant to this chapter.

     2.  Any person who has been licensed by this State as a producer of insurance for general lines for at least 6 months, or has been licensed in another state as a surplus lines broker and continues to be licensed in that state, and who is deemed by the Commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:

     (a) Application for a license and payment of all applicable fees for a license and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305;

     (b) Submitting the statement required pursuant to NRS 685A.127; and

     (c) Passing any examination prescribed by the Commissioner on the subject of surplus lines.

     3.  An application for a license must be submitted to the Commissioner on a form designated and furnished by the Commissioner. The application must include the social security number of the applicant.

     4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed upon submission of the statement required pursuant to NRS 685A.127 and payment of all applicable fees for renewal and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305 to the Commissioner on or before the last day of the month in which the license is renewable.

     5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

     (a) The statement required pursuant to NRS 685A.127;

     (b) All applicable fees for renewal;

     (c) A penalty in an amount that is equal to 50 percent of all applicable fees for renewal, except for any fee required pursuant to NRS 680C.110; and

     (d) A fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305.

     Sec. 30.  NRS 685A.140 is hereby amended to read as follows:

     685A.140  1.  In addition to other grounds therefor, the Commissioner may suspend or revoke any surplus lines broker’s license:

     (a) If the broker fails to file the [annual] quarterly statement or to remit the tax as required by NRS [685A.170] 685A.175 and 685A.180;

     (b) If the broker fails to maintain an office in this state or in the state where the broker was issued a license as a resident broker, or to keep the records, or to allow the Commissioner to examine his or her records as required by this chapter, or if the broker removes his or her records from the state; or

 


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     (c) If this State is the insured’s home state and the broker places a surplus lines coverage in an insurer other than as authorized under this chapter.

     2.  Upon suspending or revoking the broker’s surplus lines license the Commissioner may also suspend or revoke all other licenses of or as to the same individual under this Code.

     Sec. 31.  NRS 685A.160 is hereby amended to read as follows:

     685A.160  1.  Each broker shall keep in his or her office a full and true record of each surplus lines coverage procured by the broker [,] for which this State is the insured’s home state, including a copy of each daily report, if any, a copy of each certificate of insurance issued by the broker, and such of the following items as may be applicable:

     (a) The amount of the insurance;

     (b) The gross premium charged;

     (c) The return premium paid, if any;

     (d) The rate of premium charged upon the several items of property;

     (e) The effective date of the contract, and the terms thereof;

     (f) The name and address of each insurer on the direct risk and the proportion of the entire risk assumed by that insurer if less than the entire risk;

     (g) The name and address of the insured;

     (h) A brief general description of the property or risk insured and where located or to be performed; and

     (i) Any other information as may be required by the Commissioner.

     2.  The record must not be removed from the office of the broker and must be open to examination by the Commissioner or a representative of the Commissioner at all times within 5 years after issuance of the coverage to which it relates.

     Sec. 32.  NRS 685A.175 is hereby amended to read as follows:

     685A.175  [Within 45 days after the end of each calendar quarter, a]

     1.  A broker who has written coverage [which will require the broker to pay more than $1,000 in taxes for coverage written in that calendar quarter] for which this State is the insured’s home state shall pay , by the date described in subsection 2, the tax for [the] each calendar quarter [to] as directed by the Commissioner and shall file [with] as directed by the Commissioner [, or with a nonprofit organization of brokers in accordance with regulations adopted by the Commissioner pursuant to NRS 685A.210,] a copy of a quarterly report which includes an accounting of:

     [1.] (a) The aggregate gross premiums for the quarter;

     [2.] (b) The aggregate of the return premiums received;

     [3.] (c) The amount of tax remitted to the Commissioner; and

     [4.] (d) The [amount of aggregate tax remitted to each other state for which an allocation is made pursuant to NRS 680B.030.] distribution of the exposures of insureds by state in accordance with the requirements of any multi-state agreement entered into by the Commissioner pursuant to section 17 of this act.

Ê The report must be on a form approved by the Commissioner.

     2.  The tax filings and payments required by subsection 1 must be submitted by:

     (a) February 15 for the calendar quarter ending the preceding December 31.

     (b) May 15 for the calendar quarter ending the preceding March 31.

 


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     (c) August 15 for the calendar quarter ending the preceding June 30.

     (d) November 15 for the calendar quarter ending the preceding September 30.

     Sec. 33.  NRS 685A.180 is hereby amended to read as follows:

     685A.180  1.  [On] Except as otherwise provided in subsection 6, on or before [March 1 of each year,] the date described in subsection 2 of NRS 685A.175 for each quarter, each broker shall pay [to] as directed by the Commissioner a tax on surplus lines coverages for which this State is the insured’s home state written by the broker in unauthorized insurers during the preceding calendar [year] quarter at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers [. If a broker has paid any taxes pursuant to NRS 685A.175, the broker shall deduct the total paid from the tax due and pay the remainder, if any.] , in addition to any fees imposed pursuant to NRS 685A.075.

     2.  Except as otherwise provided in subsection 6, on or before the date described in subsection 2 of NRS 685A.175 for each quarter, each insured for which this State is the home state shall pay as directed by the Commissioner a tax on independently procured insurance written for the insured by an unauthorized insurer during the preceding calendar quarter at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers, in addition to any fees imposed pursuant to NRS 685A.075.

     3.  For the purposes of this section, the “premium” on surplus lines coverages includes:

     (a) The gross amount charged by the insurer for the insurance, less any return premium;

     (b) Any fee allowed by NRS 685A.155;

     (c) Any policy fee;

     (d) Any membership fee;

     (e) Any inspection fee; and

     (f) Any other fees or assessments charged by the insurer as consideration for the insurance.

Ê Premium does not include any additional amount charged for state or federal tax, or for [filing] executing or completing affidavits or reports of coverage.

     [3.  If a contract for surplus lines insurance covers risks or exposures only partially in this State, the tax so payable must be computed on that portion of the premium properly allocable to the risks or exposures located in this State. The Commissioner may adopt regulations which establish standards for allocating premiums for risks located in this State in the same manner as premiums are allocated pursuant to NRS 680B.030.]

     4.  [The Commissioner shall promptly deposit all] All taxes collected as directed by the Commissioner pursuant to this section and not intended for disbursement to other states by a clearinghouse established through any multi-state agreement entered into by the Commissioner pursuant to section 17 of this act must be promptly deposited with the State Treasurer, to the credit of the State General Fund.

     5.  A broker who receives a credit for tax paid shall refund to each insured the amount of the credit attributable to the insured when the insurer pays a return premium or within 30 days, whichever is earlier.

     6.  If the Commissioner has entered into a multi-state agreement pursuant to section 17 of this act, the Commissioner may require that each broker who has written surplus line coverages for multi-state risks for which this State is the insured’s home state and each insured for which this State is the home state who has obtained independently procured insurance for multi-state risks pay a premium tax:

 


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broker who has written surplus line coverages for multi-state risks for which this State is the insured’s home state and each insured for which this State is the home state who has obtained independently procured insurance for multi-state risks pay a premium tax:

     (a) For the portion of the premium allocated to Nevada, at the tax rate applicable to nonadmitted insurance pursuant to this chapter;

     (b) For the portion of the premium allocated to any other state that also participates in the multi-state agreement, at the tax rate applicable to nonadmitted insurance as established by that state; and

     (c) For the portion of the premium allocated to any other state that does not participate in the multi-state agreement, at the tax rate applicable to nonadmitted insurance pursuant to this chapter. The tax for this portion of the premium must be deposited with the State Treasurer, to the credit of the State General Fund, after it is processed by the clearinghouse established through the multi-state agreement.

     Sec. 34.  NRS 685A.190 is hereby amended to read as follows:

     685A.190  1.  A broker who fails to make and file the [annual] quarterly statement required pursuant to NRS [685A.170 before April 1 after the due date of the statement,] 685A.175 is liable for a penalty of $500.

     2.  Except as otherwise provided in this subsection, a broker who fails to pay the tax required by NRS 685A.180 [before April 1 after the date upon which the tax is due] is liable:

     (a) If the aggregate amount of the tax owed by the broker is more than $50, for a penalty in the first year of delinquency in the amount of $1,000 or 125 percent of the delinquent tax, whichever is larger; or

     (b) If the aggregate amount of the tax owed by the broker is $50 or less, for a penalty in the first year of delinquency in an amount equal to the amount of the delinquent tax.

     3.  Interest must be charged on all penalties imposed pursuant to subsection 2 in an amount equal to the prime rate at the largest bank in the State of Nevada, as ascertained by the Commissioner of Financial Institutions on January 1 of the year in which the tax became due, plus 2 percent. The rate must be adjusted on July 1 and January 1 thereafter. The interest charged must be compounded monthly and must continue to accrue until the penalty and interest are paid in full.

     4.  The tax may be collected by distraint, or the tax and penalty may be recovered by an action instituted by the Commissioner, in the name of the State, the Attorney General representing the Commissioner, in any court of competent jurisdiction. The penalty, when so collected, must be paid to the State Treasurer for credit to the State General Fund.

     5.  No proceeding to recover taxes, penalties or fines pursuant to this section may be maintained unless it is commenced by the giving of notice to the person against whom the proceeding is brought within 5 years after the occurrence of the charged act or omission. This limitation does not apply if the Commissioner finds fraudulent or willful evasion of taxes.

     Sec. 35.  NRS 685A.200 is hereby amended to read as follows:

     685A.200  1.  An unauthorized insurer effecting insurance under the provisions of the [Surplus Lines] Nonadmitted Insurance Law shall be deemed to be transacting insurance in this state as an unlicensed insurer and may be sued in a district court of this state upon any cause of action arising against it in this state under any insurance contract entered into by it under this chapter.

 


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     2.  Service of legal process against the insurer may be made in any such action by service of two copies thereof upon the Commissioner or an authorized representative of the Commissioner and payment of the fee specified in NRS 680B.010. The Commissioner or an authorized representative of the Commissioner shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose by prepaid registered or certified mail with return receipt requested. If no such person is so designated in the policy, the Commissioner or an authorized representative of the Commissioner shall in like manner mail a copy of the process to the broker through whom the insurance was procured, or to the insurer at its principal place of business, addressed to the address of the broker or insurer, as the case may be, last of record with the Commissioner. Upon service of process upon the Commissioner or an authorized representative of the Commissioner and its mailing in accordance with this subsection, the court shall be deemed to have jurisdiction in personam of the insurer.

     3.  The defendant insurer has 40 days from the date of service of the summons and complaint upon the Commissioner or an authorized representative of the Commissioner within which to plead, answer or defend any such suit.

     4.  An unauthorized insurer entering into such an insurance contract shall be deemed thereby to have authorized service of process against it in the manner and to the effect provided in this section. Any such contract, if issued, must contain a provision stating the substance of this section and designating the person to whom the Commissioner or an authorized representative of the Commissioner shall mail process as provided in subsection 2.

     5.  For the purposes of this section, “process” includes only a summons or the initial documents served in an action. The Commissioner or an authorized representative of the Commissioner is not required to serve any documents after the initial service of process.

     Sec. 36.  NRS 685A.170 is hereby repealed.

     Sec. 37.  This act becomes effective upon passage and approval.

________

 


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ê2011 Statutes of Nevada, Page 2022ê

 

CHAPTER 356, SB 292

Senate Bill No. 292–Senator Schneider (by request)

 

CHAPTER 356

 

[Approved: June 13, 2011]

 

AN ACT relating to insurance; providing for the licensure and regulation of persons who sell or offer coverage under a policy of portable electronics insurance; providing a fee; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a person is not authorized to engage in the business of transacting insurance unless the person is issued a license by the Commissioner of Insurance. Sections 2-15 of this bill provide for the licensure and regulation of persons, including certain persons who are not residents of this State, who sell or offer coverage under a new limited line of insurance, the coverage of portable electronics against the risk of loss, which provides coverage for the repair or replacement of portable electronics and which may cover portable electronics against loss, theft, inoperability due to mechanical failure, malfunction, accidental damage or other similar perils in accordance with the terms of the policy. A vendor who sells or offers coverage under a policy of portable electronics insurance must be licensed as a producer of insurance and pay certain fees. (NRS 680B.010, 680C.110) Existing law provides that a violation of certain provisions of the Nevada Insurance Code, including sections 2-17 of this bill, is a misdemeanor.

 

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 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 17, inclusive, of this act.

     Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  “Customer” means a person who acquires, by lease or purchase, portable electronics or services related to the use of portable electronics from a vendor.

     Sec. 4.3.  “Enrolled customer” means a customer who elects coverage under a policy of portable electronics insurance issued to a vendor.

     Sec. 4.5.  “Location” means any physical site within this State or any Internet website, call center or other similar site where a vendor transacts business with residents of this State.

     Sec. 5.  “Maintenance agreement” means a contract for a limited period that provides only for scheduled maintenance.

     Sec. 6.  “Portable electronics” means electronic devices that are portable in nature and their accessories.

 


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     Sec. 7.  1.  “Portable electronics insurance” means insurance which provides coverage for the repair or replacement of portable electronics and which may cover portable electronics against loss, theft, inoperability due to mechanical failure, malfunction, accidental damage or other similar perils in accordance with the terms of the policy.

     2.  The term does not include:

     (a) A service contract governed by chapter 690C of NRS;

     (b) A maintenance agreement;

     (c) A warranty;

     (d) A policy of homeowners’ insurance, renter’s insurance or motor vehicle insurance; or

     (e) A policy of property or casualty insurance for business and commercial risks.

     Sec. 7.5.  “Supervising entity” means a business or entity that is a licensed insurer or producer of insurance.

     Sec. 8.  “Vendor” means a person who, directly or indirectly, engages in the business of:

     1.  The sale or lease of portable electronics by the vendor to a customer; or

     2.  The sale of a service related to the use of portable electronics by the vendor to a customer.

     Sec. 9.  “Warranty” means a warranty provided solely by a manufacturer, importer or seller of goods for which the manufacturer, importer or seller did not receive separate consideration and that:

     1.  Is not negotiated or separated from the sale of the goods;

     2.  Is incidental to the sale of the goods; and

     3.  Guarantees to indemnify the consumer for defective parts, mechanical or electrical failure, labor or other remedial measures required to repair or replace the goods.

     Sec. 10.  1.  A vendor shall not sell or offer coverage under a policy of portable electronics insurance unless the vendor holds a license as a producer of insurance in portable electronics insurance as a limited line issued by the Commissioner pursuant to NRS 683A.261 or 683A.271.

     2.  In addition to the information required pursuant to NRS 683A.251, an application for a license as a producer of insurance in portable electronics insurance must include:

     (a) A schedule which identifies each location at which the vendor does business; and

     (b) The physical address of the home office of the vendor.

     3.  A natural person who is designated by a vendor pursuant to paragraph (b) of subsection 2 of NRS 683A.251 is not required to be a principal, officer or employee of the vendor.

     4.  A vendor who is licensed as a producer of insurance in portable electronics insurance shall maintain the schedule described in paragraph (a) of subsection 2 and make the schedule available for inspection by the Commissioner upon request.

     Sec. 10.5.  The Commissioner may issue or renew a license as a producer of insurance in portable electronics insurance as a limited line pursuant to NRS 683A.261 or 683A.271 to an applicant who is not a resident of Nevada, including, without limitation, a resident of Canada:

 


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ê2011 Statutes of Nevada, Page 2024 (Chapter 356, SB 292)ê

 

     1.  Before July 1, 2014, if:

     (a) The jurisdiction in which the applicant resides or in which the applicant maintains his or her principal place of business does not provide for the issuance of a license as a producer of insurance in portable electronics insurance as a limited line; and

     (b) The applicant meets all other requirements for licensure.

     2.  On or after July 1, 2014, if:

     (a) The jurisdiction in which the applicant resides or in which the applicant maintains his or her principal place of business does not provide for the issuance of a license as a producer of insurance in portable electronics as a limited line;

     (b) The applicant is issued a license as a producer of insurance for property and casualty insurance in this State pursuant to NRS 683A.261; and

     (c) The applicant meets all other requirements for licensure.

     Sec. 11.  1.  Notwithstanding any other provision of law, an employee or authorized representative of a vendor that holds a license as a producer of insurance in portable electronics insurance issued by the Commissioner pursuant to NRS 683A.261 or 683A.271 may, without a license issued by the Commissioner, sell or offer coverage under a policy of portable electronics insurance at any location at which the vendor does business if:

     (a) The employee or authorized representative of the vendor sells or offers coverage under a policy of portable electronics insurance only on behalf of, and under the supervision of, the vendor; and

     (b) Before the employee or authorized representative of the vendor sells or offers coverage under a policy of portable electronics insurance, he or she completes a program of training provided by the vendor pursuant to section 12 of this act.

     2.  An employee or authorized representative of a vendor who sells or offers coverage under a policy of portable electronics insurance pursuant to this section shall not advertise, represent or otherwise hold himself or herself out as a licensed producer of insurance unless the person is licensed as a producer of insurance.

     Sec. 12.  1.  An authorized insurer may deliver or issue for delivery in this State a policy of portable electronics insurance as a group or master inland marine policy issued to a vendor. A vendor may provide coverage for portable electronics under the policy to customers who elect to enroll under the policy. The policy may be offered on a month-to-month or other periodic basis. Notwithstanding the provisions of any law to the contrary, each rate for a policy of portable electronics insurance must be filed with the Commissioner pursuant to chapter 686B of NRS.

     2.  An insurer that issues a group policy of portable electronics insurance to a vendor shall:

     (a) Establish reasonable eligibility and underwriting standards for customers who elect to enroll under the vendor’s policy of portable electronics insurance.

     (b) Appoint a supervising entity to oversee the vendor’s sales and enrollment activities under the vendor’s policy of portable electronics insurance.

 


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ê2011 Statutes of Nevada, Page 2025 (Chapter 356, SB 292)ê

 

     3.  A supervising entity appointed pursuant to this section must develop and conduct a training program for the employees and authorized representatives of the vendor who sell or offer coverage under the vendor’s policy of portable electronics insurance. The training program must include, without limitation, basic instruction concerning:

     (a) The coverage that is available to customers who enroll under the vendor’s policy of portable electronics insurance; and

     (b) The disclosures required by section 13 of this act.

     4.  The supervising entity may provide the basic instruction required by subsection 3 in electronic form if the supervising entity provides supplemental education that is conducted and overseen by a licensed employee of the supervising entity.

     5.  The supervising entity shall ensure that each employee and authorized representative of a vendor completes the training program required by subsection 3 before selling or offering to sell coverage under the vendor’s policy of portable electronics insurance.

     Sec. 13.  1.  A vendor shall make available to a prospective customer, at each location where the vendor sells or offers coverage under a policy of portable electronics insurance, a printed brochure or other written material concerning the coverage available under the policy of portable electronics insurance. The written material must:

     (a) Disclose that coverage under a policy of portable electronics insurance may duplicate coverage already provided to the customer by a policy of property insurance or other source of coverage;

     (b) State that the customer is not required to enroll for coverage under the vendor’s policy of portable electronics insurance as a condition of the purchase or lease of any portable electronics or related services;

     (c) Summarize the material terms of the coverage provided under the policy of portable electronics insurance, including:

           (1) The identity of the insurer;

           (2) The identity of the supervising entity;

           (3) The amount of any applicable deductible and how it is to be paid;

           (4) Benefits of the coverage; and

           (5) Key terms and conditions of the coverage, including, without limitation, whether portable electronics may be repaired or replaced with a similar make and model that has been reconditioned or with nonoriginal manufacturer parts or equipment;

     (d) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable if the enrolled customer fails to comply with any equipment return requirements; and

     (e) State that the enrolled customer may cancel his or her enrollment for coverage under the policy of portable electronics insurance at any time and, in the event of such cancellation, the person paying the premium for the coverage will receive a refund of any applicable unearned premium.

     2.  If a customer elects to enroll in coverage under a policy of portable electronics insurance, the printed brochure or other written material may serve as a certificate of coverage if the material satisfies the requirements of subsection 1.

 


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ê2011 Statutes of Nevada, Page 2026 (Chapter 356, SB 292)ê

 

of subsection 1. A policy of portable electronics insurance, including the certificate of coverage of the policy, must be filed with the Commissioner not later than 15 days before the effective date of the policy.

     Sec. 14.  1.  If a customer purchases a policy of portable electronics insurance from a vendor or elects to enroll in coverage under the vendor’s policy of portable electronics insurance, the vendor may bill and collect the charges for the portable electronics insurance coverage.

     2.  Any charge to the customer for portable electronics insurance coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services must be separately itemized on the customer’s bill.

     3.  If portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor must clearly and conspicuously disclose to the customer that the portable electronics insurance coverage is included with the purchase of the portable electronics or related services.

     4.  A vendor which bills and collects charges for portable electronics insurance coverage on behalf of an insurer is not required to maintain such money in a segregated account if the vendor:

     (a) Is authorized by the insurer to hold such money in an alternative manner; and

     (b) Remits such amounts to the supervising entity within 60 days after receipt.

Ê All money collected by a vendor from an enrolled customer for the sale of portable electronics insurance shall be deemed to be held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. A vendor is entitled to receive compensation for billing and collection services.

     Sec. 15.  Notwithstanding any other provision of law:

     1.  Except as otherwise provided in this section, an insurer that issues a policy of portable electronics insurance may not terminate the policy before the expiration of the agreed term of the policy unless, not less than 30 days before the effective date of the termination, the insurer provides notice to:

     (a) The holder of the policy of portable electronics insurance; and

     (b) If the policy is a group policy issued to a vendor under which individual customers may elect to enroll for coverage, each enrolled customer.

     2.  An insurer shall not change any term or condition of a policy of portable electronics insurance more than once in any 6-month period. If the insurer changes a term or condition of a policy of portable electronics insurance, the insurer shall, not less than 30 days before the effective date of the change, provide:

     (a) The policyholder with a revised policy or endorsement; and

     (b) Each enrolled customer with a revised certificate of coverage, endorsement, brochure or other evidence of coverage which:

           (1) Declares that the insurer has changed a term or condition of the policy which may affect the enrolled customer’s coverage; and

           (2) Provides a summary of the material changes.

 


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ê2011 Statutes of Nevada, Page 2027 (Chapter 356, SB 292)ê

 

     3.  An insurer may terminate an enrolled customer’s coverage under a vendor’s policy of portable electronics insurance upon the discovery of fraud or material misrepresentation by the enrolled customer in obtaining the coverage or in presenting a claim thereunder if the insurer provides notice of the termination to the vendor and the enrolled customer within 15 days after discovery of the fraud or material misrepresentation.

     4.  An insurer may terminate an enrolled customer’s coverage under a vendor’s policy of portable electronics insurance if the enrolled customer fails to pay a premium and the insurer gives the enrolled customer not less than 10 days’ notice of his or her failure to pay the premium.

     5.  An insurer may immediately terminate an enrolled customer’s coverage under a vendor’s policy of portable electronics insurance:

     (a) If the enrolled customer ceases to have an active service with the vendor; or

     (b) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the policy of portable electronics insurance and the insurer provides notice of termination to the customer within 30 calendar days after exhaustion of the limit. If the insurer fails to provide timely notice as required by this paragraph, the enrolled customer’s coverage under the policy continues until the insurer provides notice of termination to the enrolled customer notwithstanding the exhaustion of the aggregate limit of liability.

     6.  A vendor or other holder of a group policy of portable electronics insurance shall not terminate the policy unless, not less than 30 days before the effective date of the termination, the insurer provides notice to each enrolled customer of the termination of the policy and the effective date of termination. An insurer may authorize a vendor to provide notice to an enrolled customer on behalf of the insurer pursuant to this subsection.

     7.  Any notice that is required pursuant to this section must be in writing and be:

     (a) Mailed or delivered to the enrolled customer, vendor or other policyholder at his or her last known address; or

     (b) Sent by electronic mail or other electronic means in accordance with regulations adopted by the Commissioner to the enrolled customer, vendor or other policyholder at the electronic mail address of the enrolled customer, vendor or other policyholder last known by the insurer.

Ê An insurer or vendor who provides notice pursuant to this subsection must maintain proof of mailing or delivery in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service or an electronic record or other proof that the notice was sent.

     Sec. 16.  If a vendor or an employee or authorized representative of a vendor violates any provision of this chapter or an order or regulation of the Commissioner issued or adopted pursuant thereto, the Commissioner may, after notice and an opportunity for a hearing:

     1.  Impose an administrative fine pursuant to NRS 683A.461 for each violation, which must not exceed $50,000 in the aggregate;

 


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ê2011 Statutes of Nevada, Page 2028 (Chapter 356, SB 292)ê

 

     2.  Suspend a vendor’s privilege of engaging in the sale or offering of coverage under a policy of portable electronics insurance at a particular location where the vendor does business;

     3.  Suspend or revoke the privilege of an employee or authorized representative of a vendor to sell or offer coverage under a policy of portable electronics insurance; or

     4.  Suspend or revoke the license issued by the Commissioner to the vendor as a licensed producer of insurance.

     Sec. 17.  The Commissioner may adopt such regulations as necessary to carry out the provisions of this chapter.

     Sec. 18.  NRS 683A.261 is hereby amended to read as follows:

     683A.261  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:

     (a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability.

     (b) Health insurance for sickness, bodily injury or accidental death, which may include benefits for disability.

     (c) Property insurance for direct or consequential loss or damage to property of every kind.

     (d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property.

     (e) Surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.

     (f) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.

     (g) Credit insurance, including life, disability, property, unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed protection of assets, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

     (h) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.

     (i) Fixed annuities as a limited line.

     (j) Travel and baggage as a limited line.

     (k) Rental car agency as a limited line.

     (l) Portable electronics as a limited line.

     (m) Continuous care coverage, which includes health insurance, as set forth in paragraph (b), and may include insurance for workers’ compensation.

     2.  A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, all applicable fees for renewal and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account are paid for each license and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal.

 


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ê2011 Statutes of Nevada, Page 2029 (Chapter 356, SB 292)ê

 

applicable fees for renewal and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account are paid for each license and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his or her license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.

     3.  A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

     4.  A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

     5.  A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. A resident producer of insurance shall maintain a place of business in this State which is accessible to the public and where the resident producer of insurance principally conducts transactions under his or her license. The place of business may be in his or her residence. The license must be conspicuously displayed in an area of the place of business which is open to the public.

     6.  A licensee shall inform the Commissioner of each change of location from which the licensee conducts business as a producer of insurance and each change of business or residence address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes the location from which the licensee conducts business as a producer of insurance or his or her business or residence address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, the Commissioner may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his or her last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.

 


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ê2011 Statutes of Nevada, Page 2030 (Chapter 356, SB 292)ê

 

     Sec. 19.  NRS 683A.291 is hereby amended to read as follows:

     683A.291  1.  An applicant for licensing in this state as a producer of insurance who was previously licensed for the same lines of authority in another state need not complete any education or examination if the applicant is currently licensed in that state or, if the application is received within 90 days after the cancellation of the license, the other state certifies that the applicant was in good standing at the time of cancellation. Alternatively, the exemption is available if the records of the National Association of Insurance Commissioners show that the applicant is or was licensed and in good standing for the lines of authority requested.

     2.  An examination is not required for a producer of insurance who confines his or her activity to insurance categorized as limited line, credit, travel, portable electronics, baggage or fixed annuity, or covering vehicles leased for a short term.

     3.  A person licensed in another state who moves to this state and desires to become licensed as a resident producer of insurance with the benefit of the exemption provided in subsection 1 must apply for licensing within 90 days after establishing legal residence.

     Sec. 20.  Notwithstanding the provisions of sections 2 to 17, inclusive, of this act, a vendor is not required to be licensed as a producer of insurance limited to portable electronics insurance to sell or offer coverage under a policy of portable electronics insurance until 90 days after the Commissioner of Insurance makes available an application for such a license or October 1, 2011, whichever is later.

     Sec. 21.  This act becomes effective:

     1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

     2.  On October 1, 2011, for all other purposes.

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