[Rev. 10/24/2013 5:41:48 PM--2013]

LAWS OF THE STATE OF NEVADA

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ê2013 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE

OF NEVADA

Passed at the

SEVENTY-SEVENTH SESSION OF THE LEGISLATURE

2013

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Denis and Roberson

 

Joint Sponsors: Assemblymen Kirkpatrick and Hickey

 

CHAPTER 1

 

[Approved: February 7, 2013]

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 77th Legislative Session; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $15,000,000 for the costs of the 77th Legislative Session.

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

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ê2013 Statutes of Nevada, Page 2ê

 

CHAPTER 2, AB 114

Assembly Bill No. 114–Assemblymen Horne, Kirkpatrick, Frierson, Healey, Bobzien; Paul Anderson, Eisen, Ellison, Flores, Hardy, Hickey and Kirner

 

Joint Sponsors: Senators Atkinson, Kihuen, Denis, Smith, Manendo; Ford, Hammond and Settelmeyer

 

CHAPTER 2

 

[Approved: February 21, 2013]

 

AN ACT relating to gaming; defining certain terms related to interactive gaming; requiring the Nevada Gaming Commission to adopt regulations authorizing the Governor to enter into agreements with other states to conduct interactive gaming; prohibiting the issuance of licenses to operate interactive gaming to certain persons; revising provisions related to interactive gaming; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes certain gaming establishments to obtain a license to operate interactive gaming. (NRS 463.750) Sections 2-5 of this bill define certain terms for the purposes of determining whether a person may be found suitable for a license to operate interactive gaming. Section 6 of this bill requires the Nevada Gaming Commission to adopt regulations authorizing the Governor to enter into agreements with other states to allow patrons of those states to participate in interactive gaming.

      Existing law requires the Commission to establish by regulation that a license to operate interstate interactive gaming does not become effective until: (1) the passage of federal legislation authorizing interactive gaming; or (2) the United States Department of Justice notifies the Commission or the State Gaming Control Board that interactive gaming is permissible under federal law. (NRS 463.750) Section 10 of this bill removes the condition that a license to operate interactive gaming does not become effective until the passage of federal legislation or notice providing that interactive gaming is permissible under federal law. Section 10 also prohibits the issuance of a license to operate interactive gaming for a period of 5 years after the effective date of this bill for certain entities that, after December 31, 2006, operated interactive gaming involving patrons located in the United States. Finally, section 10 authorizes the Commission to waive such prohibition if the Commission determines that those entities complied with all applicable provisions of federal law or the law of any state when, after December 31, 2006, those entities operated interactive gaming involving patrons located in the United States.

      Section 11 of this bill authorizes the Commission to adopt regulations to increase or decrease the fees for the initial issuance and the renewal of a license for an establishment to operate interactive gaming under certain circumstances. (NRS 463.765)

 


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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:

 

      Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. “Covered asset” means any tangible or intangible asset specifically designed for use in, and used in connection with, the operation of an interactive gaming facility that, after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent such activity was licensed at all times by a state or the Federal Government, including, without limitation:

      1.  Any trademark, trade name, service mark or similar intellectual property under which an interactive gaming facility was identified to the patrons of the interactive gaming facility;

      2.  Any information regarding persons via a database, customer list or any derivative of a database or customer list; and

      3.  Any software or hardware relating to the management, administration, development, testing or control of an interactive gaming facility.

      Sec. 3. 1.  “Covered person” means any person who:

      (a) Has at any time owned, in whole or in significant part, an interactive gaming facility or an entity operating an interactive gaming facility that after December 31, 2006, knowingly and intentionally operated interactive gaming that involved patrons located in the United States, unless and to the extent such activity was licensed at all times by a state or the Federal Government;

      (b) After December 31, 2006, acted, or proposed to act, on behalf of a person described in paragraph (a) and knowingly and intentionally provided, or proposed to provide, to such person any services as an interactive gaming service provider, with knowledge that the interactive gaming facility’s operation of interactive gaming involved patrons located in the United States; or

      (c) Purchased or acquired, directly or indirectly:

             (1) In whole or in significant part, a person described in paragraph (a) or (b); or

             (2) Any covered assets, in whole or in part, of such person.

      2.  As used in this section:

      (a) “Interactive gaming service provider” has the meaning ascribed to it in NRS 463.677.

      (b) “Significant part” means with respect to ownership, purchase or acquisition of an entity, interactive gaming facility or person, holding 5 percent or more of the entity, interactive gaming facility or person, or any amount of ownership that provides control over the entity, interactive gaming facility or person.

      Sec. 4. 1.  “Interactive gaming facility” means any Internet website, or similar communications facility in which transmissions may cross any state’s boundaries, through which any person operates interactive gaming through the use of communications technology.

 


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      2.  As used in this section, “communications technology” has the meaning ascribed to it in NRS 463.016425.

      Sec. 5. “Operate interactive gaming” means to operate, carry on, conduct, maintain or expose for play interactive gaming.

      Sec. 6. 1.  The Commission shall, by regulation, authorize the Governor, on behalf of the State of Nevada, to:

      (a) Enter into agreements with other states, or authorized agencies thereof, to enable patrons in the signatory states to participate in interactive gaming offered by licensees in those signatory states; and

      (b) Take all necessary actions to ensure that any agreement entered into pursuant to this section becomes effective.

      2.  Any regulations adopted pursuant to subsection 1 must:

      (a) Set forth provisions for any potential arrangements to share revenue between this State and any other state or agency within another state.

      (b) Be adopted in accordance with the provisions of chapter 233B of NRS.

      Sec. 7. NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.01967, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 463.745 is hereby amended to read as follows:

      463.745  The Legislature hereby finds and declares that:

      1.  The State of Nevada leads the nation in gaming regulation and enforcement, such that the State of Nevada is uniquely positioned to develop an effective and comprehensive regulatory structure related to interactive gaming.

      2.  A comprehensive regulatory structure, coupled with strict licensing standards, will ensure the protection of consumers, including minors and vulnerable persons, prevent fraud, guard against underage and problem gambling , avoid unauthorized use by persons located in jurisdictions that do not authorize interactive gaming and aid in law enforcement efforts.

      3.  To provide for licensed and regulated interactive gaming , [and to prepare for possible federal legislation,] the State of Nevada must develop the necessary structure for licensure, regulation and enforcement.

      Sec. 10. NRS 463.750 is hereby amended to read as follows:

      463.750  1.  The Commission shall, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.

      2.  The regulations adopted by the Commission pursuant to this section must:

      (a) Establish the investigation fees for:

             (1) A license to operate interactive gaming;

             (2) A license for a manufacturer of interactive gaming systems;

             (3) A license for a manufacturer of equipment associated with interactive gaming; and

             (4) A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      (b) Provide that:

 


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             (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware;

             (2) A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming; and

             (3) A person must hold a license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      (c) [Set] Except as otherwise provided in subsections 6 to 10, inclusive, set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems, manufacturer of equipment associated with interactive gaming or a service provider as described in paragraph (b) of subsection 5 of NRS 463.677 that are as stringent as the standards for a nonrestricted license.

      (d) Set forth provisions governing:

             (1) The initial fee for a license for a service provider as described in paragraph (b) of subsection 5 of NRS 463.677.

             (2) The fee for the renewal of such a license for such a service provider and any renewal requirements for such a license.

             (3) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which a service provider may be liable to the person licensed to operate interactive gaming.

      (e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment, unless federal law otherwise provides for a similar fee or tax.

      (f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

      (g) Define “equipment associated with interactive gaming,” “interactive gaming system,” “manufacturer of equipment associated with interactive gaming,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

      [(h) Provide that any license to operate interstate interactive gaming does not become effective until:

             (1) A federal law authorizing the specific type of interactive gaming for which the license was granted is enacted; or

             (2) The United States Department of Justice notifies the Board or Commission in writing that it is permissible under federal law to operate the specific type of interactive gaming for which the license was granted.]

      3.  Except as otherwise provided in subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:

      (a) In a county whose population is 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

      (b) In a county whose population is 45,000 or more but less than 700,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

             (1) Holds a nonrestricted license for the operation of games and gaming devices;

 


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             (2) Has more than 120 rooms available for sleeping accommodations in the same county;

             (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

             (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

             (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

      (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

             (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

            (2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and

             (3) Operates either:

                   (I) More than 50 rooms for sleeping accommodations in connection therewith; or

                   (II) More than 50 gaming devices in connection therewith.

      4.  The Commission may:

      (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

             (1) The establishment satisfies the applicable requirements set forth in subsection 3;

             (2) The affiliate is located in the same county as the establishment; and

             (3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and

      (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

      5.  The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.

      6.  Except as otherwise provided in subsections 7, 8 and 9:

      (a) A covered person may not be found suitable for licensure under this section within 5 years after the effective date of this act;

      (b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;

      (c) A person may not be found suitable for licensure under this section within 5 years after the effective date of this act if such person uses a covered asset for the operation of interactive gaming; and

 


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      (d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.

      7.  The Commission, upon recommendation of the Board, may waive the requirements of subsection 6 if the Commission determines that:

      (a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of section 3 of this act:

             (1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States; and

             (2) The assets to be used or that are being used by such person were not used after that date in violation of any provision of federal law or the law of any state;

      (b) In the case of a covered person described in paragraph (c) of subsection 1 of section 3 of this act, the assets that the person will use in connection with interactive gaming for which the covered person applies for a finding of suitability were not used after December 31, 2006, in violation of any provision of federal law or the law of any state; and

      (c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.

      8.  With respect to a person applying for a waiver pursuant to subsection 7, the Commission shall afford the person an opportunity to be heard and present relevant evidence. The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence. The affirmative votes of a majority of the whole Commission are required to grant or deny such waiver. The Board shall make appropriate investigations to determine any facts or recommendations that it deems necessary or proper to aid the Commission in making determinations pursuant to this subsection and subsection 7.

      9.  The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and the prosecution terminated in a manner other than with a conviction.

      10.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

      (a) Until the Commission adopts regulations pursuant to this section; and

      (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

      [7.]11.  A person who violates subsection [6] 10 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.

 


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      Sec. 11. NRS 463.765 is hereby amended to read as follows:

      463.765  1.  Unless a different fee is established pursuant to this section:

      (a) Before issuing an initial license for an establishment to operate interactive gaming, the Commission shall charge and collect from the establishment a license fee of $500,000.

      [2.](b) Each initial license for an establishment to operate interactive gaming must be issued for a 2-year period beginning on January 1 of the first year and ending on December 31 of the second year.

      [3.](c) Notwithstanding the provisions of [subsections 1 and 2] paragraphs (a) and (b) to the contrary, a license for an establishment to operate interactive gaming may be issued after January 1 of a calendar year for a period beginning on the date of issuance of the license and ending on the second December 31 following the date of issuance of the license. Before issuing an initial license pursuant to this subsection, the Commission shall charge and collect from the establishment a license fee of $500,000 prorated by 1/24 for each full month between January 1 of the calendar year and the date of issuance of the license.

      [4.](d) Before renewing a license issued pursuant to this section, but in no case later than the second December 31 after the license was issued or previously renewed, the Commission shall charge and collect a renewal fee of $250,000 for the renewal of the license for the immediately following 1-year period.

      2.  The Commission may, by regulation, increase the license fee pursuant to this section to not more than $1,000,000 and the renewal fee to not more than $500,000 if the Commission determines one or more of the following:

      (a) A higher fee is necessary to ensure licensees have the financial capacity to operate interactive gaming;

      (b) Regulatory costs to carry out the duties of the Commission and the Board, outside of investigative costs, require additional personnel or other regulatory expenditures;

      (c) A higher fee is necessary because of costs incurred or other conditions associated with entering into an interactive gaming agreement with one or more other states; or

      (d) Federal legislation requires a higher fee or imposes requirements necessitating the higher fee or making it advisable.

      3.  The Commission may, by regulation, reduce the license fee pursuant to this section to not less than $150,000 and the renewal fee to not less than $75,000 in the manner provided in this subsection. Any regulation adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS, and the Commission must not reduce the fees unless it determines two or more of the following:

      (a) The fee is not competitive with fees charged in other jurisdictions;

      (b) The low number of applicants demonstrates that the fee is too high;

      (c) A lower fee would generate greater competition in the market;

      (d) A lower fee is necessary because of conditions associated with entering into an interactive gaming agreement with one or more other states; or

      (e) Federal legislation requires a lower fee or makes a lower fee advisable.

 


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      4.  Any increase or decrease in fees established by the Commission pursuant to this section applies to the issuance or renewal of a license on or after the effective date of the increase or decrease.

      Sec. 12.  (Deleted by amendment.)

      Sec. 12.5. NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

      (e) The State Gaming Control Board.

      (f) Except as otherwise provided in NRS 368A.140 [,] and 463.765 and section 6 of this act, the Nevada Gaming Commission.

      (g) The Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

      (i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

      (n) The Silver State Health Insurance Exchange.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

 


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      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

      (c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694; or

      (d) The judicial review of decisions of the Public Utilities Commission of Nevada.

      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 13.  This act becomes effective upon passage and approval.

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CHAPTER 3, AB 68

Assembly Bill No. 68–Committee on Taxation

 

CHAPTER 3

 

[Approved: March 14, 2013]

 

AN ACT relating to taxation; revising the provisions relating to the certification of populations by the Governor; revising the provisions relating to the allocation and distribution of taxes from the Local Government Tax Distribution Account; revising the provisions relating to the establishment of an alternative formula for the distribution of taxes from the Local Government Tax Distribution Account by cooperative agreement; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      For purposes of apportioning taxes collected by the Department of Taxation where the basis of the apportionment is the population of the political subdivision, existing law requires the Department to use the populations certified by the Governor. (NRS 360.285) Section 1 of this bill clarifies that each apportioned payment attributable to a fiscal year must be based upon the Governor’s certification made on or before March 1 immediately preceding the fiscal year for which the payment will be made.

      Existing law establishes the statutory formulas for distributing tax proceeds from the Local Government Tax Distribution Account to local governments, enterprise districts and special districts. (NRS 360.680, 360.690) Sections 2-4 of this bill establish different formulas to calculate the distribution of the tax proceeds.

      Existing law authorizes the governing bodies of two or more local governments or special districts, or any combination thereof, to enter into a cooperative agreement that sets forth an alternative formula for the distribution of taxes from the Local Government Tax Distribution Account. (NRS 360.730) Section 5 of this bill changes the date by which a copy of an approved cooperative agreement must be transmitted to the Executive Director of the Department of Taxation from December 1 of the year immediately preceding the initial year of distribution that will be governed by the cooperative agreement to April 1 of the initial year of distribution.

 


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cooperative agreement to April 1 of the initial year of distribution. Section 5 also requires local governments and special districts who anticipate being parties to such a cooperative agreement to provide to the Department of Taxation on or before March 1 of the initial year of distribution that will be governed by the cooperative agreement a nonbinding notice of intent to enter into the cooperative 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 360.285 is hereby amended to read as follows:

      360.285  1.  For the purposes of this title, the Governor shall, on or before March 1 of each year, certify the population of each town, township, city and county in this state as of the immediately preceding July 1 from the determination submitted to the Governor by the Department pursuant to subsection 4 of NRS 360.283.

      2.  Where any tax is collected by the Department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the Department shall use the populations certified by the Governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment [before that date] attributable to a fiscal year must be based upon the [earlier] certification [and every payment on or after that date must be based upon the later certification.] made on or before March 1 immediately preceding the fiscal year to which the payment will be attributed.

      Sec. 2. NRS 360.680 is hereby amended to read as follows:

      360.680  1.  On or before July 1 of each year, the Executive Director shall allocate to each enterprise district an amount equal to the amount that the enterprise district received from the Account in the immediately preceding fiscal year.

      2.  Except as otherwise provided in NRS 360.690 and 360.730, the Executive Director, after subtracting the amount allocated to each enterprise district pursuant to subsection 1, shall allocate to each local government or special district which is eligible for an allocation from the Account pursuant to NRS 360.670 an amount from the Account that is equal to the amount allocated to the local government or special district for the preceding fiscal year, minus any excess amount allocated pursuant to subsection 4, 5, 6 or 7 of NRS 360.690, as that section existed before July 1, 2013, multiplied by 1 plus the average percentage change in the Consumer Price Index (All Items) [for] over the [year ending on December 31] 5 calendar years immediately preceding the year in which the allocation is made.

      Sec. 3. NRS 360.680 is hereby amended to read as follows:

      360.680  1.  On or before July 1 of each year, the Executive Director shall allocate to each enterprise district an amount equal to the amount that the enterprise district received from the Account in the immediately preceding fiscal year.

      2.  Except as otherwise provided in NRS 360.690 and 360.730, the Executive Director, after subtracting the amount allocated to each enterprise district pursuant to subsection 1, shall allocate to each local government or special district which is eligible for an allocation from the Account pursuant to NRS 360.670 an amount from the Account that is equal to the amount allocated to the local government or special district for the preceding fiscal year [, minus any excess amount allocated pursuant to subsection 4, 5, 6 or 7 of NRS 360.690, as that section existed before July 1, 2013,] multiplied by 1 plus the average percentage change in the Consumer Price Index (All Items) over the 5 calendar years immediately preceding the year in which the allocation is made.

 


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allocated to the local government or special district for the preceding fiscal year [, minus any excess amount allocated pursuant to subsection 4, 5, 6 or 7 of NRS 360.690, as that section existed before July 1, 2013,] multiplied by 1 plus the average percentage change in the Consumer Price Index (All Items) over the 5 calendar years immediately preceding the year in which the allocation is made.

      Sec. 4. NRS 360.690 is hereby amended to read as follows:

      360.690  1.  Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.

      2.  The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 to [8,] 7, inclusive, remit monthly that amount to each local government, special district and enterprise district.

      3.  If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the county’s subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he or she shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit that amount to the local government or special district.

      4.  Except as otherwise provided in subsections [5 to 8, inclusive,] 6 and 7, for a county whose population is 100,000 or more, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he or she shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 0.02 plus the sum of [the:] :

                   (I) [Average] The average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [9;] 8; and

                   (II) [Average] The greater of zero or the average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount [;] , except that if the figure calculated pursuant to subparagraph (1) is less than zero, that figure must be treated as being zero for purposes of determining the allocation pursuant to this subparagraph; and

 


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total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount [;] , except that if the figure calculated pursuant to subparagraph (1) is less than zero, that figure must be treated as being zero for purposes of determining the allocation pursuant to this subparagraph; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 0.02 plus the greater of zero or the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      5.  Except as otherwise provided in subsection [6 or] 7, for a county whose population is less than 100,000, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district , [and that the average amount over the 5 fiscal years immediately preceding the year in which the allocation is made of the assessed valuation of taxable property which is attributable to the net proceeds of minerals in the county is equal to at least $50,000,000 or that the average percentage of change in population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9, is a negative figure or that the average amount over the 5 fiscal years immediately preceding the year in which the allocation is made of the assessed valuation of taxable property which is attributable to the net proceeds of minerals in the county is equal to at least $50,000,000 and the average percentage of change in population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9, is a negative figure,] the Executive Director shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection [9;] 8; and

 


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ê2013 Statutes of Nevada, Page 14 (Chapter 3, AB 68)ê

 

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      6.  Except as otherwise provided in subsection [8,] 7, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district [, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in each of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a negative figure, he or she shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

 


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ê2013 Statutes of Nevada, Page 15 (Chapter 3, AB 68)ê

 

to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The] in a county whose population is 100,000 or more, and if the calculations performed pursuant to paragraph (a) of subsection 4 require the use of zero for each local government, the Executive Director shall allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      7.  [Except as otherwise provided in subsection 8, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in any of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a positive figure, he or she shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

 


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ê2013 Statutes of Nevada, Page 16 (Chapter 3, AB 68)ê

 

the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                   (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                   (I) Average percentage of change in the population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                   (II) Average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      8.]  The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5 [,] or 6 [or 7] unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the county’s subaccount in the Account after the distribution for the month has been made, he or she shall:

      (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

 


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ê2013 Statutes of Nevada, Page 17 (Chapter 3, AB 68)ê

 

allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

      (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the Account to determine which amount is greater.

Ê If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he or she shall allocate the money remaining in the county’s subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the county’s subaccount in the Account is greater, he or she shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the county’s subaccount in the Account pursuant to the provisions of subsection 4, 5 [,] or 6 , [or 7,] as appropriate.

      [9.]8.  The percentage changes in population calculated pursuant to subsections 4 [to 7, inclusive,] and 5 must:

      (a) Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

      (c) If a local government files a formal appeal with the Bureau of the Census concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the Governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the Governor is greater than the population total issued by the Bureau of the Census, the State Treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:

             (1) Equal to or less than the population total initially issued by the Bureau of the Census, the State Treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the Local Government Tax Distribution Account for allocation among the local governments in the county pursuant to subsection 4, 5 [,] or 6 , [or 7,] as appropriate.

             (2) Greater than the population total initially issued by the Bureau of the Census, the Executive Director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4, 5 [,] or 6 , [or 7,] as appropriate, if the population total finally determined pursuant to the appeal had been used and the State Treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.

 


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ê2013 Statutes of Nevada, Page 18 (Chapter 3, AB 68)ê

 

      [10.]9.  On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.

      [11.]10.  On or before March 15 of each year, the Executive Director shall:

      (a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and

      (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      [12.]11.  A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection [11] 10 in the preparation of its budget.

      Sec. 5. NRS 360.730 is hereby amended to read as follows:

      360.730  1.  The governing bodies of two or more local governments or special districts, or any combination thereof, may, pursuant to the provisions of NRS 277.045, enter into a cooperative agreement that sets forth an alternative formula for the distribution of the taxes included in the Account to the local governments or special districts which are parties to the agreement. The governing bodies of each local government or special district that is a party to the agreement must approve the alternative formula by majority vote.

      2.  If a person who is authorized to make administrative decisions regarding cooperative agreements on behalf of a local government or special district anticipates that the local government or special district will enter into a cooperative agreement pursuant to subsection 1, a notice of intent must be provided to the Department on or before March 1 of the initial year of distribution that will be governed by the cooperative agreement. The notice:

      (a) May be submitted by the authorized person without a vote of the governing body of the local government or special district;

      (b) Must be submitted on a form prescribed by the Department and, to the extent possible, be accompanied by an explanation of the provisions anticipated to be included in the cooperative agreement; and

      (c) Is not binding on the local government or special district on whose behalf it is submitted, and does not prevent the local government or special district from negotiating or entering into a cooperative agreement after March 1 of the initial year of distribution that will be governed by the cooperative agreement.

      3.  The county clerk of a county in which a local government or special district that is a party to a cooperative agreement pursuant to subsection 1 is located shall transmit a copy of the cooperative agreement to the Executive Director:

      (a) Within 10 days after the agreement is approved by each of the governing bodies of the local governments or special districts that are parties to the agreement; and

 


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ê2013 Statutes of Nevada, Page 19 (Chapter 3, AB 68)ê

 

      (b) Not later than [December 31 of the year immediately preceding] April 1 of the initial year of distribution that will be governed by the cooperative agreement.

      [3.]4.  The governing bodies of two or more local governments or special districts shall not enter into more than one cooperative agreement pursuant to subsection 1 that involves the same local governments or special districts.

      [4.]5.  If at least two cooperative agreements exist among the local governments and special districts that are located in the same county, the Executive Director shall ensure that the terms of those cooperative agreements do not conflict.

      [5.]6.  Any local government or special district that is not a party to a cooperative agreement pursuant to subsection 1 must continue to receive money from the Account pursuant to the provisions of NRS 360.680 and 360.690.

      [6.]7.  The governing bodies of the local governments and special districts that have entered into a cooperative agreement pursuant to subsection 1 may, by majority vote, amend the terms of the agreement. The governing bodies shall not amend the terms of a cooperative agreement more than once during the first 2 years after the cooperative agreement is effective and once every year thereafter, unless the Committee on Local Government Finance approves the amendment. The provisions of this subsection do not apply to any interlocal agreements for the consolidation of governmental services entered into by local governments or special districts pursuant to the provisions of NRS 277.080 to 277.180, inclusive, that do not relate to the distribution of taxes included in the Account.

      [7.]8.  A cooperative agreement executed pursuant to this section may not be terminated unless the governing body of each local government or special district that is a party to a cooperative agreement pursuant to subsection 1 agrees to terminate the agreement.

      [8.]9.  For each fiscal year the cooperative agreement is in effect, the Executive Director shall continue to calculate the amount each local government or special district that is a party to a cooperative agreement pursuant to subsection 1 would receive pursuant to the provisions of NRS 360.680 and 360.690.

      [9.]10.  If the governing bodies of the local governments or special districts that are parties to a cooperative agreement terminate the agreement pursuant to subsection [7,] 8, the Executive Director must distribute to those local governments or special districts an amount equal to the amount the local government or special district would have received pursuant to the provisions of NRS 360.680 and 360.690 according to the calculations performed pursuant to subsection [8.] 9.

      Sec. 6. NRS 354.59813 is hereby amended to read as follows:

      354.59813  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, if the estimate of the revenue available from the supplemental city-county relief tax to the county as determined by the Executive Director of the Department of Taxation pursuant to the provisions of subsection [11] 10 of NRS 360.690 is less than the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county, except any assessed valuation attributable to the net proceeds of minerals, the governing body of each local government may levy an additional tax ad valorem for operating purposes.

 


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ê2013 Statutes of Nevada, Page 20 (Chapter 3, AB 68)ê

 

valorem for operating purposes. The total tax levied by the governing body of a local government pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the:

      (a) Amount of revenue from supplemental city-county relief tax estimated to be received by the county pursuant to subsection [11] 10 of NRS 360.690; and

      (b) The tax that the county would have been estimated to receive if the estimate for the total revenue available from the tax was equal to the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county,

Ê multiplied by the proportion determined for the local government pursuant to subparagraph (2) of paragraph (a) of subsection 4 of NRS 360.690, subparagraph (2) of paragraph (a) of subsection 5 of NRS 360.690 or subsection 6 of NRS [360.690 or subparagraph (2) of paragraph (a) of subsection 7 of NRS] 360.690, as appropriate.

      2.  Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.

      3.  As used in this section, “local government” has the meaning ascribed to it in NRS 360.640.

      Sec. 7. NRS 354.598747 is hereby amended to read as follows:

      354.598747  1.  To calculate the amount to be distributed pursuant to the provisions of NRS 360.680 and 360.690 from a county’s subaccount in the Local Government Tax Distribution Account to a local government, special district or enterprise district after it assumes the functions of another local government, special district or enterprise district:

      (a) Except as otherwise provided in this section, the Executive Director of the Department of Taxation shall:

             (1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS 360.680 for each local government, special district or enterprise district and allocate the combined amount to the local government, special district or enterprise district that assumes the functions; and

             (2) If applicable, add the average change in population and average change in the assessed valuation of taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, including the assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, pursuant to subsection 4 [, 5, 6 or 7] or 5 of NRS 360.690, as appropriate, to the average change in population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.

      (b) If two or more local governments, special districts or enterprise districts assume the functions of another local government, special district or enterprise district, the additional revenue must be divided among the local governments, special districts or enterprise districts that assume the functions on the basis of the proportionate costs of the functions assumed.

Ê The Nevada Tax Commission shall not allow any increase in the allowed revenue from the taxes contained in the county’s subaccount in the Local Government Tax Distribution Account if the increase would result in a decrease in revenue of any local government, special district or enterprise district in the county that does not assume those functions. If more than one local government, special district or enterprise district assumes the functions, the Nevada Tax Commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

 


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ê2013 Statutes of Nevada, Page 21 (Chapter 3, AB 68)ê

 

the Nevada Tax Commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

      2.  If a city disincorporates, the board of county commissioners of the county in which the city is located must determine the amount the unincorporated town created by the disincorporation will receive pursuant to the provisions of NRS 360.600 to 360.740, inclusive.

      3.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 8.  1.  This act becomes effective upon passage and approval for the purposes of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act.

      2.  This section and sections 1, 2 and 4 to 7, inclusive, of this act become effective on July 1, 2013.

      3.  Section 3 of this act becomes effective on July 1, 2014.

________

CHAPTER 4, SB 187

Senate Bill No. 187–Senators Denis and Kieckhefer

 

Joint Sponsors: Assemblymen Stewart; Dondero Loop and Benitez-Thompson

 

CHAPTER 4

 

[Approved: March 29, 2013]

 

AN ACT relating to the Nevada Youth Legislature; revising the deadline for appointments to the Youth Legislature; revising the qualifications to serve on the Youth Legislature; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Nevada Youth Legislature, consisting of 21 members who are each appointed by a member of the Senate, and sets forth the qualifications for appointment to the Youth Legislature. (NRS 385.515, 385.525, 385.535)

      Section 1 of this bill revises the deadline for appointment to the Youth Legislature from March 30 of each year to April 30 of each odd-numbered year. Section 2 of this bill revises the qualifications to serve on the Youth Legislature to require a person to be enrolled in a public or private school in this State in grade 9, 10 or 11 for the first school year of the term for which he or she is appointed or be a homeschooled child who is otherwise eligible to enroll in a public school in this State in grade 9, 10 or 11 for the first school year of the term for which he or she is appointed. Section 3 of this bill adds to the list of acts which create a vacancy on the Youth Legislature graduation from high school or completion of an educational plan of instruction for grade 12 or otherwise ceasing to attend school or be homeschooled. Section 3 further authorizes the appointment of a person enrolled in grade 12 to fill a vacancy only if the remainder of the unexpired term of office is less than 1 year.

 

 

 

 


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ê2013 Statutes of Nevada, Page 22 (Chapter 4, SB 187)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385.515 is hereby amended to read as follows:

      385.515  1.  The Nevada Youth Legislature is hereby created, consisting of 21 members.

      2.  Each member of the Senate shall, taking into consideration any recommendations made by a member of the Assembly, appoint a person who submits an application and meets the qualifications [for appointment] set forth in NRS 385.525. A member of the Assembly may submit recommendations to a member of the Senate concerning the appointment.

      3.  [After the initial terms:

      (a)] Except as otherwise provided in subsection 4, appointments to the Youth Legislature must be made by each member of the Senate before [March] April 30 of each odd-numbered year.

      [(b)] The term of each member of the Youth Legislature begins June 1 of [the year of appointment.] each odd-numbered year.

      4.  If a member of the Senate does not make an appointment to the Youth Legislature by [March] April 30 of [a] an odd-numbered year, the members of the Assembly whose assembly districts are at least partially located within the senatorial district of that member of the Senate must collaborate to appoint a person who submits an application and meets the qualifications [for appointment] set forth in NRS 385.525.

      5.  Each member of the Youth Legislature serves a term of 2 years and may be reappointed to one successive 2-year term if the member continues to meet the qualifications [for appointment] set forth in NRS 385.525.

      Sec. 2. NRS 385.525 is hereby amended to read as follows:

      385.525  1.  To be eligible [for appointment] to serve on the Youth Legislature, a person:

      (a) Must be:

             (1) A resident of the senatorial district of the Senator who appoints him or her;

             (2) Enrolled in a public school or private school located in the senatorial district of the Senator who appoints him or her; or

             (3) A homeschooled child who is otherwise eligible to be enrolled in a public school in the senatorial district of the Senator who appoints him or her;

      (b) [Must] Except as otherwise provided in subsection 3 of NRS 385.535, must be [enrolled] :

             (1) Enrolled in a public school or private school in this State in grade 9, 10 [,] or 11 [or 12] for the first school year [in which he or she serves] of the term for which he or she is appointed; or [be a]

             (2) A homeschooled child who is otherwise eligible to enroll in a public school in this State in grade 9, 10 [,] or 11 [or 12] for the first school year [in which he or she serves;] of the term for which he or she is appointed; and

      (c) Must not be related by blood, adoption or marriage within the third degree of consanguinity or affinity to the Senator who appoints him or her or to any member of the Assembly who collaborated to appoint him or her.

 


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ê2013 Statutes of Nevada, Page 23 (Chapter 4, SB 187)ê

 

      2.  If, at any time, a person appointed to the Youth Legislature changes his or her residency or changes his or her school of enrollment in such a manner as to render the person ineligible under his or her original appointment, the person shall inform the Board, in writing, within 30 days after becoming aware of such changed facts.

      3.  A person who wishes to be appointed or reappointed to the Youth Legislature must submit an application on the form prescribed pursuant to subsection 4 to the Senator of the senatorial district in which the person resides, is enrolled in a public school or private school or, if the person is a homeschooled child, the senatorial district in which he or she is otherwise eligible to be enrolled in a public school. A person may not submit an application to more than one Senator in a calendar year.

      4.  The Board shall prescribe a form for applications submitted pursuant to this section, which must require the signature of the principal of the school in which the applicant is enrolled or, if the applicant is a homeschooled child, the signature of a member of the community in which the applicant resides other than a relative of the applicant.

      Sec. 3. NRS 385.535 is hereby amended to read as follows:

      385.535  1.  A position on the Youth Legislature becomes vacant upon:

      (a) The death or resignation of a member.

      (b) The absence of a member for any reason from:

             (1) Two meetings of the Youth Legislature, including, without limitation, meetings conducted in person, meetings conducted by teleconference, meetings conducted by videoconference and meetings conducted by other electronic means;

             (2) Two activities of the Youth Legislature;

             (3) Two event days of the Youth Legislature; or

             (4) Any combination of absences from meetings, activities or event days of the Youth Legislature, if the combination of absences therefrom equals two or more,

Ê unless the absences are, as applicable, excused by the Chair or Vice Chair of the Board.

      (c) A change of residency or a change of the school of enrollment of a member which renders that member ineligible under his or her original appointment.

      2.  In addition to the provisions of subsection 1, a position on the Youth Legislature becomes vacant if:

      (a) A member of the Youth Legislature graduates from high school or otherwise ceases to attend public school or private school for any reason other than to become a homeschooled child; or

      (b) A member of the Youth Legislature who is a homeschooled child completes an educational plan of instruction for grade 12 or otherwise ceases to be a homeschooled child for any reason other than to enroll in a public school or private school.

      3.  A vacancy on the Youth Legislature must be filled:

      (a) For the remainder of the unexpired term in the same manner as the original appointment [.] , except that, if the remainder of the unexpired term is less than 1 year, the member of the Senate who made the original appointment may appoint a person who:

             (1) Is enrolled in a public school or private school in this State in grade 12 or who is a homeschooled child who is otherwise eligible to enroll in a public school in this State in grade 12; and

 


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ê2013 Statutes of Nevada, Page 24 (Chapter 4, SB 187)ê

 

             (2) Satisfies the qualifications set forth in paragraphs (a) and (c) of subsection 1 of NRS 385.525.

      (b) Insofar as is practicable, within 30 days after the date on which the vacancy occurs.

      [3.]4.  As used in this section, “event day” means any single calendar day on which an official, scheduled event of the Youth Legislature is held, including, without limitation, a course of instruction, a course of orientation, a meeting, a seminar or any other official, scheduled activity.

      Sec. 4.  If this act becomes effective on or before March 30, 2013:

      1.  Notwithstanding the provisions of NRS 385.515 and 385.525, as amended by sections 1 and 2 of this act, respectively, a member of the Nevada Youth Legislature whose term of office expires on May 31, 2013, and who is:

      (a) Eligible to enroll in grade 12 in a public school or private school in this State for the 2013-2014 school year; or

      (b) A homeschooled child who is otherwise eligible to enroll in a public school in this State in grade 12 for the 2013-2014 school year,

Ê may be reappointed to the Youth Legislature for a 1 year term that begins on June 1, 2013, and ends on May 31, 2014.

      2.  If a person is reappointed to the Youth Legislature pursuant to subsection 1, the member of the Senate who reappointed the person shall, on or before April 30, 2014, appoint another person to the Youth Legislature as his or her replacement. The person appointed pursuant to this subsection must meet the qualifications set forth in subsection 1 of NRS 385.525, as amended by section 2 of this act, or paragraph (a) of subsection 3 of NRS 385.535, as amended by section 3 of this act. The term of office of the person appointed pursuant to this subsection begins on June 1, 2014, and ends on May 31, 2015.

      3.  If a vacancy occurs during the term of a member of the Nevada Youth Legislature who was reappointed pursuant to subsection 1, the vacancy must be filled for the unexpired term in the manner provided in NRS 385.535, as amended by section 3 of this act.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 5, SB 15

Senate Bill No. 15–Committee on Commerce, Labor and Energy

 

CHAPTER 5

 

[Approved: April 2, 2013]

 

AN ACT relating to public utilities; authorizing certain public utilities to submit to the Public Utilities Commission of Nevada a written request for a waiver from the requirement to submit a resource plan to the Commission; requiring the Commission to approve or deny the request within a certain period; and providing other matters properly relating thereto.

 

 


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ê2013 Statutes of Nevada, Page 25 (Chapter 5, SB 15)ê

 

Legislative Counsel’s Digest:

      Existing law requires a public utility which furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years to submit a resource plan to the Public Utilities Commission of Nevada every third year as evidence of the public utility’s ability to satisfy the demand made on its system by its customers. (NRS 704.661)

      This bill authorizes such a public utility to request from the Commission a waiver from the requirement to submit such a plan. This bill further requires that such a request for a waiver include proof satisfactory that the public utility will not incur certain costs associated with an increase in demand for its services and requires the Commission to approve or deny a request for a waiver within a certain period after receiving the 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. NRS 704.661 is hereby amended to read as follows:

      704.661  1.  [A] Except as otherwise provided in this section, a public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years shall, on or before March 1 of every third year, in the manner specified by the Commission, submit a plan to the Commission to provide sufficient water or services for the disposal of sewage to satisfy the demand made on its system by its customers. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this subsection for either service.

      2.  A public utility may request a waiver from the requirements of subsection 1 by submitting such a request in writing to the Commission not later than 180 days before the date on which the plan is required to be submitted pursuant to subsection 1. A request for a waiver must include proof satisfactory that the public utility will not experience a significant increase in demand for its services or require the acquisition or construction of additional infrastructure to meet present or future demand during the 3-year period covered by the plan which the public utility would otherwise be required to submit pursuant to subsection 1.

      3.  The Commission shall, not later than 45 days after receiving a request for a waiver pursuant to subsection 2, issue an order approving or denying the request. The Commission shall not approve the request of a public utility for a waiver for consecutive 3-year periods.

      4.  The Commission [shall] :

      (a) Shall adopt regulations to provide for the contents of and the method and schedule for preparing, submitting, reviewing and approving a plan submitted pursuant to subsection 1 [.

      3.  Within] ; and

      (b) May adopt regulations relating to the submission of requests for waivers pursuant to subsection 2.

 


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ê2013 Statutes of Nevada, Page 26 (Chapter 5, SB 15)ê

 

      5.  Not later than 180 days after a public utility has filed a plan pursuant to subsection 1, the Commission shall issue an order accepting the plan as filed or specifying any portion of the plan it finds to be inadequate.

      [4.]6.  If a plan submitted pursuant to subsection 1 and accepted by the Commission pursuant to subsection [3] 5 and any regulations adopted pursuant to subsection [2] 4 identifies a facility for acquisition or construction, the facility shall be deemed to be a prudent investment and the public utility may recover all just and reasonable costs of planning and constructing or acquiring the facility.

      [5.]7.  All prudent and reasonable expenditures made by a public utility to develop a plan filed pursuant to subsection 1, including, without limitation, any environmental, engineering or other studies, must be recovered from the rates charged to the public utility’s customers.

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

________

CHAPTER 6, SB 121

Senate Bill No. 121–Senator Goicoechea (by request)

 

Joint Sponsors: Assemblymen Oscarson; and Ellison

 

CHAPTER 6

 

[Approved: April 23, 2013]

 

AN ACT relating to state lands; authorizing the State Land Registrar to transfer the Belmont Courthouse to Nye County without consideration; setting forth the conditions pursuant to which such transfer is to be made; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the State Land Registrar to transfer land owned by the State of Nevada under certain circumstances. (NRS 321.003) Section 1 of this bill authorizes the State Land Registrar to transfer the Belmont Courthouse to Nye County, without consideration, and requires Nye County to pay the costs relating to any such transfer of the property. Section 3 of this bill provides the legal description of the Belmont Courthouse.

      If the State executes a deed for real property which is transferred to a local government and which is part of a state park, the deed is required to include restrictions that: (1) protect the historical and recreational value of the property; (2) guarantee public access to the property; and (3) prevent the local government or any successor in title from transferring the property without authorization by a concurrent resolution of the Legislature. The deed must also provide that any breach of these restrictions results in a reversion of the applicable property to the State. (NRS 321.135) Section 2 of this bill requires the deed transferring ownership of the Belmont Courthouse to Nye County to contain the preceding restrictions and provisions.

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 27 (Chapter 6, SB 121)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.  The State Land Registrar may, without consideration, transfer to Nye County all the interest of the State of Nevada in the real property described in section 3 of this act. Nye County shall pay the costs relating to any such transfer of the real property.

      Sec. 2.  The deed transferring ownership of the real property described in section 3 of this act from the State of Nevada to Nye County must:

      1.  Include restrictions that:

      (a) Protect all historical and recreational value of the property;

      (b) Guarantee public access to the property; and

      (c) Prohibit Nye County or any successor in title from selling, leasing, encumbering, alienating or otherwise disposing of the property or any interest in the property without authorization by a concurrent resolution of the Legislature; and

      2.  Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in subsection 1.

      Sec. 3.  The real property that the State Land Registrar is authorized to transfer to Nye County pursuant to section 1 of this act is commonly known as the Belmont Courthouse and is described as follows:

 

       All of block 6 in the Town of Belmont according to the map thereof dated 1914.

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

________

CHAPTER 7, SB 510

Senate Bill No. 510–Committee on Finance

 

CHAPTER 7

 

[Approved: April 30, 2013]

 

AN ACT relating to education; temporarily delaying the statutory deadline for notifying certain school district employees of reemployment status for the 2013-2014 year; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to notify, on or before May 1 of each year, the postprobationary and probationary employees who are employed by the board of trustees of the reemployment status of those employees for the next school year. Existing law also requires those employees to notify the board of trustees, on or before May 10, of the acceptance of such reemployment. (NRS 391.3196, 391.3197) This bill extends those dates to May 15 and 28, 2013, respectively, for the current fiscal year in counties whose population is less than 700,000 (currently all counties other than Clark County).

 


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ê2013 Statutes of Nevada, Page 28 (Chapter 7, SB 510)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.  1.  Except as otherwise provided in subsection 2:

      (a) Notwithstanding the provisions of NRS 391.3196 or any other statute to the contrary, on or before May 15, 2013, the board of trustees of each school district shall notify the postprobationary employees in their employ as of the effective date of this act concerning the reemployment status of those employees for the 2013-2014 year. If the board of trustees, or a person designated by the board of trustees, fails to notify a postprobationary employee on or before May 15, 2013, of his or her employment status for the next year, the employee shall be deemed reemployed for the next year under the same terms and conditions as he or she is employed for the current year.

      (b) Notwithstanding the provisions of NRS 391.3197 or any other statute to the contrary, on or before May 15, 2013, the board of trustees of each school district shall notify the probationary employees in their employ as of the effective date of this act concerning the reemployment status of those employees for the 2013-2014 year.

      (c) Notwithstanding the provisions of NRS 391.3196 or 391.3197 or any other statute to the contrary, a postprobationary or probationary employee who receives a notice of reemployment pursuant to paragraph (a) or (b), as applicable, shall, on or before May 28, 2013, notify the board of trustees of the school district in writing of the employee’s acceptance of the employment. The failure of a postprobationary or probationary employee to provide notification on or before May 28, 2013, of the employee’s acceptance of reemployment for the next year is conclusive evidence of the employee’s rejection of the contract.

      (d) If a school district or an agreement entered by a school district requires a postprobationary or probationary employee in the employ of the school district as of the effective date of this act to provide notice to the school district of the employee’s intent to seek employment elsewhere or otherwise discontinue his or her employment with the school district for the next year, the school district shall extend the time by which such notice is due by 10 days.

      2.  The provisions of subsection 1 do not apply to the board of trustees of a school district in a county whose population is 700,000 or more or to such a school district’s postprobationary employees or probationary employees.

      3.  As used in this section, “postprobationary employee” and “probationary employee” have the meanings ascribed to them in NRS 391.311.

      Sec. 2.  This act becomes effective upon passage and approval and expires by limitation on July 1, 2013.

________

 

 

 


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ê2013 Statutes of Nevada, Page 29ê

 

CHAPTER 8, AB 175

Assembly Bill No. 175–Assemblymen Elliot Anderson, Ohrenschall, Eisen, Bustamante Adams, Healey; Aizley, Paul Anderson, Benitez-Thompson, Bobzien, Carlton, Carrillo, Cohen, Daly, Diaz, Dondero Loop, Duncan, Ellison, Fiore, Flores, Frierson, Grady, Hambrick, Hansen, Hardy, Hickey, Hogan, Horne, Kirkpatrick, Kirner, Livermore, Martin, Munford, Neal, Oscarson, Pierce, Spiegel, Sprinkle, Stewart, Swank, Wheeler and Woodbury

 

Joint Sponsors: Senators Jones, Kihuen, Spearman, Parks, Brower; Atkinson, Cegavske, Denis, Ford, Goicoechea, Gustavson, Hammond, Hardy, Hutchison, Kieckhefer, Manendo, Roberson, Segerblom, Settelmeyer, Smith and Woodhouse

 

CHAPTER 8

 

[Approved: May 10, 2013]

 

AN ACT relating to elections; authorizing uniformed-service voters, their spouses and overseas voters to sign applications to register to vote, applications for military-overseas ballots and military-overseas ballots with digital signatures or electronic signatures; requiring the Secretary of State to prescribe by regulation certain duties of local elections officials; making various other changes to the Uniformed Military and Overseas Absentee Voters Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Uniformed Military and Overseas Absentee Voters Act (chapter 293D of NRS) authorizes members of the Armed Forces of the United States, their spouses and dependents, and certain other electors of this State who reside outside the United States (collectively known as “covered voters”) to apply for and receive through a system of approved electronic transmission established by the Secretary of State applications to register to vote and military-overseas ballots.

      Sections 13 and 15-19 of this bill authorize covered voters to sign applications to register to vote, applications for military-overseas ballots and military-overseas ballots using digital or electronic signatures. Section 15 requires the system of approved electronic transmission to include a method by which a covered voter may provide his or her digital or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot. Sections 11 and 12 of this bill, respectively, define the terms “digital signature” and “electronic signature.”

      Section 15 also requires the Secretary of State to prescribe by regulations the duties of a local elections official upon receipt of a military-overseas ballot. Sections 1-9 of this bill make various conforming changes.

 

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 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks.

 


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ê2013 Statutes of Nevada, Page 30 (Chapter 8, AB 175)ê

 

Secretary of State shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

      2.  Except as otherwise provided in subsection 3, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater. If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

      3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

      4.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in [this subsection,] subsection 5, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

      5.  If [, pursuant] :

      (a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer [,] ; or

      (b) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature,

Ê the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

      [5.]6.  In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

 


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ê2013 Statutes of Nevada, Page 31 (Chapter 8, AB 175)ê

 

each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

      [6.]7.  Except as otherwise provided in subsection [8,] 9, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.

      [7.]8.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      [8.]9.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

      [9.]10.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 2. NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in subsection 2 [,] and NRS 293D.200, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  [If] Except as otherwise provided in NRS 293D.200, if an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast a ballot, the county clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

 


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ê2013 Statutes of Nevada, Page 32 (Chapter 8, AB 175)ê

 

the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

      Sec. 3. NRS 293.333 is hereby amended to read as follows:

      293.333  [On] Except as otherwise provided in NRS 293D.200, on the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope or facsimile, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope or on the facsimile must be compared with that on the original application to register to vote;

      3.  If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      4.  The election board officers shall mark in the roster opposite the name of the voter the word “Voted.”

      Sec. 4. NRS 293.335 is hereby amended to read as follows:

      293.335  When all absent ballots delivered to precinct or district election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected ballots must be returned to the county clerk. On all envelopes containing rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.

      Sec. 5. NRS 293.340 is hereby amended to read as follows:

      293.340  1.  In counties in which an absent ballot central counting board is appointed the county clerk shall provide a ballot box in the county clerk’s office for each different ballot listing in the county.

      2.  On each such box there [shall] must appear a statement indicating the precincts and district for which such box has been designated.

      3.  [Each] Except as otherwise provided in NRS 293D.200, each absent ballot voted [shall] must be deposited in a ballot box according to the precinct or district of the absent voter voting such ballot.

      Sec. 6. NRS 293C.325 is hereby amended to read as follows:

      293C.325  1.  Except as otherwise provided in subsection 2 [,] and NRS 293D.200, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  [If] Except as otherwise provided in NRS 293D.200, if an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register.

 


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ê2013 Statutes of Nevada, Page 33 (Chapter 8, AB 175)ê

 

voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast a ballot, the city clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.

      Sec. 7. NRS 293C.332 is hereby amended to read as follows:

      293C.332  [On] Except as otherwise provided in NRS 293D.200, on the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope or facsimile, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope or on the facsimile must be compared with that on the original application to register to vote;

      3.  If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      4.  The election board officers shall mark in the roster opposite the name of the voter the word “Voted.”

      Sec. 8. NRS 293C.335 is hereby amended to read as follows:

      293C.335  When all absent ballots delivered to precinct or district election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected ballots must be returned to the city clerk. On all envelopes containing the rejected ballots the cause of rejection must be noted and the envelope signed by a majority of the election board officers.

      Sec. 9. NRS 293C.340 is hereby amended to read as follows:

      293C.340  1.  In cities in which an absent ballot central counting board is appointed, the city clerk shall provide a ballot box in the city clerk’s office for each different ballot listing in the city.

      2.  On each box there must appear a statement indicating the precincts and district for which the box has been designated.

      3.  [Each] Except as otherwise provided in NRS 293D.200, each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting that ballot.

      Sec. 10. Chapter 293D of NRS is hereby amended by adding thereto the provisions set forth as sections 11, 12 and 13 of this act.

      Sec. 11. “Digital signature” has the meaning ascribed to it in NRS 720.060.

      Sec. 12. “Electronic signature” has the meaning ascribed to it in NRS 719.100.

 


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      Sec. 13. A covered voter may sign any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter using his or her digital signature or electronic signature.

      Sec. 14. NRS 293D.020 is hereby amended to read as follows:

      293D.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 293D.030 to 293D.090, inclusive, and sections 11 and 12 of this act have the meanings ascribed to them in those sections.

      Sec. 15. NRS 293D.200 is hereby amended to read as follows:

      293D.200  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 and send documents and other information pursuant to this chapter. The system of approved electronic transmission must include, without limitation, a method by which a covered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot 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.

      5.  The Secretary of State shall prescribe by regulation the duties of a local elections official upon receipt of a military-overseas ballot, including, without limitation, the procedures to be used by a local elections official in accepting, handling and counting a military-overseas ballot.

      Sec. 16. NRS 293D.230 is hereby amended to read as follows:

      293D.230  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.

      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.

 


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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 NRS 293D.200 is capable of accepting [both] :

      (a) Both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official [.] ; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  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. 17. NRS 293D.300 is hereby amended to read as follows:

      293D.300  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 NRS 293D.230 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 NRS 293D.200 is capable of accepting the submission of [both] :

      (a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official [. The] ; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  A 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.]5.  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.]6.  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

 


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      (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.

      [6.]7.  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. 18. NRS 293D.320 is hereby amended to read as follows:

      293D.320  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] :

      (a) Facsimile transmission [or electronic] ;

      (b) Electronic mail delivery [.] ; or

      (c) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

Ê 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. NRS 293D.420 is hereby amended to read as follows:

      293D.420  1.  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.

      2.  The covered voter may sign the declaration required pursuant to subsection 1 using his or her digital signature or electronic signature.

      Sec. 20.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations; and

      2.  On January 1, 2014, for all other purposes.

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ê2013 Statutes of Nevada, Page 37ê

 

CHAPTER 9, AB 43

Assembly Bill No. 43–Committee on Judiciary

 

CHAPTER 9

 

[Approved: May 10, 2013]

 

AN ACT relating to offenders; clarifying provisions governing credits earned by an offender which reduce the term of imprisonment of the offender; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, certain offenders who have been sentenced to a term of imprisonment generally may earn certain amounts of credit for various achievements. Any amount of credit earned is applied to the length of the offender’s term of imprisonment and thereby reduces the offender’s sentence. (NRS 209.432-209.451) This bill: (1) clarifies that an offender may not earn more than the amount of credit required to expire his or her sentence; and (2) specifies that such a provision shall not be construed to reduce retroactively the amount of credit earned by an offender if doing so would constitute a violation under the Constitution of the United States or the Constitution of the State of Nevada.

 

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

      1.  Notwithstanding any provision of this section and NRS 209.432 to 209.451, inclusive, which entitles an offender to receive credit or which authorizes the Director to allow credit for an offender, an offender may not earn more than the amount of credit required to expire his or her sentence.

      2.  Nothing in this section shall be construed to reduce retroactively the amount of credit earned by an offender if doing so would constitute a violation under the Constitution of the United States or the Constitution of the State of Nevada.

      Sec. 2. NRS 209.432 is hereby amended to read as follows:

      209.432  As used in NRS 209.432 to 209.451, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Offender” includes:

      (a) A person who is convicted of a felony under the laws of this State and sentenced, ordered or otherwise assigned to serve a term of residential confinement.

      (b) A person who is convicted of a felony under the laws of this State and assigned to the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.

      2.  “Residential confinement” means the confinement of a person convicted of a felony to his or her place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

 


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ê2013 Statutes of Nevada, Page 38 (Chapter 9, AB 43)ê

 

any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

      Sec. 3.  This act becomes effective upon passage and approval.

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CHAPTER 10, AB 127

Assembly Bill No. 127–Assemblymen Horne, Healey, Elliot Anderson, Frierson; Bobzien, Bustamante Adams, Daly, Diaz, Kirkpatrick, Martin and Munford

 

Joint Sponsors: Senators Kihuen, Atkinson and Denis

 

CHAPTER 10

 

[Approved: May 10, 2013]

 

AN ACT relating to gaming; authorizing the Nevada Gaming Commission to adopt a seal identifying certain licensees of interactive gaming; prohibiting the unauthorized use of such a seal; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Nevada Gaming Commission to establish by regulation certain provisions authorizing the licensing and operation of interactive gaming. (NRS 463.750) This bill authorizes the Commission, with the advice and assistance of the State Gaming Control Board, to adopt a seal for its use to identify certain licensees of interactive gaming. This bill further provides that any unauthorized use of the seal is a gross misdemeanor and imposes a civil penalty for any such unauthorized use.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission may, with the advice and assistance of the Board, adopt a seal for its use to identify:

      (a) A license to operate interactive gaming;

      (b) A license for a manufacturer of interactive gaming systems;

      (c) A license for a manufacturer of equipment associated with interactive gaming; and

      (d) A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      2.  The Chair of the Commission has the care and custody of the seal.

      3.  The seal must have imprinted thereon the words “Nevada Gaming Commission.”

      4.  A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Commission. Except under circumstances where a greater penalty is provided in NRS 205.175, a person who violates this subsection is guilty of a gross misdemeanor.

 


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ê2013 Statutes of Nevada, Page 39 (Chapter 10, AB 127)ê

 

      5.  A person convicted of violating subsection 4 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction. A court before whom a defendant is convicted of a violation of subsection 4 shall, for each violation, order the defendant to pay a civil penalty of $5,000. The money so collected:

      (a) Must not be deducted from any penal fine imposed by the court;

      (b) Must be stated separately on the court’s docket; and

      (c) Must be remitted forthwith to the Commission.

________

CHAPTER 11, AB 192

Assembly Bill No. 192–Assemblymen Cohen, Diaz, Kirkpatrick, Flores, Carlton; Elliot Anderson, Bustamante Adams, Carrillo, Dondero Loop, Eisen, Frierson, Healey, Martin, Ohrenschall, Oscarson, Pierce, Spiegel, Stewart and Swank

 

CHAPTER 11

 

[Approved: May 10, 2013]

 

AN ACT relating to county clerks; repealing the prospective expiration of the authority of county clerks to charge and collect an additional fee for filing and recording a bond of a notary public; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, each county clerk is authorized to charge an additional fee not to exceed $5 for filing and recording a bond of a notary public, per name, until July 1, 2013. (NRS 19.013; section 4 of chapter 540, Statutes of Nevada 2007, p. 3392) The proceeds from this additional fee are required to be accounted for separately in the county general fund and used only to acquire technology for or to improve technology used in the office of the county clerk. (NRS 19.016) This bill repeals the prospective expiration of the authority of the county clerks to charge this additional fee, thereby allowing county clerks to charge the fee on and after July 1, 2013.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4 of chapter 540, Statutes of Nevada 2007, at page 3392, is hereby amended to read as follows:

       Sec. 4.  This act becomes effective on July 1, 2007 . [and expires by limitation on July 1, 2013.]

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

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ê2013 Statutes of Nevada, Page 40ê

 

CHAPTER 12, AB 115

Assembly Bill No. 115–Assemblymen Benitez-Thompson, Sprinkle; Bustamante Adams, Daly and Neal

 

CHAPTER 12

 

[Approved: May 10, 2013]

 

AN ACT relating to domestic violence; requiring the written statement provided by law enforcement to a suspected victim of domestic violence to inform the victim that an order for protection against domestic violence may include certain protections for animals; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that knowingly, purposefully or recklessly injuring or killing an animal with the intent to harass certain specified persons constitutes domestic violence. (NRS 33.018) Existing law also provides that a temporary or extended order for protection against domestic violence may enjoin the adverse party from: (1) physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant for the order or a minor child; or (2) physically injuring or threatening to injure any animal that is owned or kept by the adverse party. Under existing law, an extended order for protection against domestic violence may specify arrangements for the possession and care of any animal owned or kept by the adverse party, the applicant for the order or a minor child. (NRS 33.030) This bill requires the written statement provided by a peace officer to a suspected victim of domestic violence to include certain statements concerning the protection for animals that may be included in temporary and extended orders for protection against domestic violence.

 

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 171.1225 is hereby amended to read as follows:

      171.1225  1.  When investigating an act of domestic violence, a peace officer shall:

      (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

      (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

             (1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.

             (2) If I have probable cause to believe that a battery has been committed against you, your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, any other person to whom you are related by blood or marriage, a person with whom you are or were actually residing, a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the [act.] battery.

 


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ê2013 Statutes of Nevada, Page 41 (Chapter 12, AB 115)ê

 

             (3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

             (4) The law provides that you may seek a court order for the protection of you , [or] your minor children or any animal that is owned or kept by you, by the person who committed or threatened the act of domestic violence or by the minor child of either such person against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

             (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

                   (I) Stop threatening, harassing or injuring you or your children;

                   (II) Move out of your residence;

                   (III) Stay away from your place of employment;

                   (IV) Stay away from the school attended by your children;

                   (V) Stay away from any place you or your children regularly go; [and]

                   (VI) Avoid or limit all communication with you or your children [.] ;

                   (VII) Stop physically injuring, threatening to injure or taking possession of any animal that is owned or kept by you or your children, either directly or through an agent; and

                   (VIII) Stop physically injuring or threatening to injure any animal that is owned or kept by the person who committed or threatened the act or his or her children, either directly or through an agent.

             (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to : [pay:]

                   (I) [The] Pay the rent or mortgage due on the place in which you live;

                   (II) [The] Pay the amount of money necessary for the support of your children; [and]

                   (III) [Part] Pay part or all of the costs incurred by you in obtaining the order for protection [.] ; and

                   (IV) Comply with the arrangements specified for the possession and care of any animal owned or kept by you or your children or by the person who committed or threatened the act or his or her children.

             (7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

             (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, the person may be arrested and, if:

                   (I) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

                   (II) The person has previously violated a temporary or extended order for protection; or

                   (III) At the time of the violation or within 2 hours after the violation, the person has a concentration of alcohol of 0.08 or more in the person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110,

 


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ê2013 Statutes of Nevada, Page 42 (Chapter 12, AB 115)ê

 

person’s blood or breath or an amount of a prohibited substance in the person’s blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110,

Ê the person will not be admitted to bail sooner than 12 hours after arrest.

             (9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the Statewide Program Against Domestic Violence at ........................ (state toll-free telephone number of Statewide Program).

      2.  As used in this section, “act of domestic violence” means any of the following acts committed by a person against his or her spouse, former spouse, any other person to whom he or she is related by blood or marriage, a person with whom he or she is or was actually residing, a person with whom he or she has had or is having a dating relationship, a person with whom he or she has a child in common, the minor child of any of those persons or his or her minor child:

      (a) A battery.

      (b) An assault.

      (c) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

      (d) A sexual assault.

      (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

             (1) Stalking.

             (2) Arson.

             (3) Trespassing.

             (4) Larceny.

             (5) Destruction of private property.

             (6) Carrying a concealed weapon without a permit.

             (7) Injuring or killing an animal.

      (f) False imprisonment.

      (g) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      3.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or the officer’s employer.

      4.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

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ê2013 Statutes of Nevada, Page 43ê

 

CHAPTER 13, AB 12

Assembly Bill No. 12–Committee on Commerce and Labor

 

CHAPTER 13

 

[Approved: May 18, 2013]

 

AN ACT relating to occupational safety; removing the requirement that an employee notify his or her employer before filing certain complaints with the Division of Industrial Relations of the Department of Business and Industry; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law: (1) prohibits any person from discharging or discriminating against an employee because the employee has filed a complaint, instituted or caused to be instituted any proceeding or testified or is about to testify in any proceeding relating to an alleged violation of any provision concerning occupational safety and health; and (2) allows an aggrieved employee to file a complaint concerning such discharge or discrimination with the Division of Industrial Relations of the Department of Business and Industry. (NRS 618.445) This bill removes the requirement that an employee notify his or her employer of his or her intention to file such a complaint with the Division before filing the complaint.

 

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 618.445 is hereby amended to read as follows:

      618.445  1.  A person shall not discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself, herself or others of any right afforded by this chapter.

      2.  Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3 [, after first notifying his or her employer and] with the Division . [of his or her intention to file the complaint.] Any complaint must be filed with the Division within 30 days after the violation has occurred and must set forth in writing the facts constituting the violation.

      3.  Upon receipt of the complaint by the Division, the Administrator shall cause such investigation to be made as the Administrator deems appropriate. If upon investigation, the Administrator determines that the provisions of subsection 1 have been violated, the Administrator shall bring an action in the name of the Administrator in any appropriate district court against the person who has committed the violation.

      4.  If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.

 


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      5.  Any decision reached by the Administrator relating to the filing of an action pursuant to this section must be made available to the complaining employee within 90 days after the Division’s receipt of the complaint.

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

________

CHAPTER 14, AB 13

Assembly Bill No. 13–Committee on Government Affairs

 

CHAPTER 14

 

[Approved: May 18, 2013]

 

AN ACT relating to relations between governments and public employees; revising provisions governing the period during which the Local Government Employee-Management Relations Board is required to conduct certain hearings; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Chapter 288 of NRS, the Local Government Employee-Management Relations Act, creates the Local Government Employee-Management Relations Board. (NRS 288.080) In carrying out its duties under the Act, the Board is authorized to hear and determine complaints arising out of the interpretation of, or performance under, the Act by any local government employer, local government employee or employee organization. Existing law requires the Board to conduct a hearing within 90 days after the Board decides to hear a complaint. (NRS 288.110) This bill requires the Board to conduct such a hearing within 180 days after the Board decides to hear a complaint.

 

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 288.110 is hereby amended to read as follows:

      288.110  1.  The Board may make rules governing:

      (a) Proceedings before it;

      (b) Procedures for fact-finding;

      (c) The recognition of employee organizations; and

      (d) The determination of bargaining units.

      2.  The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer, local government employee or employee organization. The Board shall conduct a hearing within [90] 180 days after it decides to hear a complaint. The Board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. The Board shall issue its decision within 120 days after the hearing on the complaint is completed.

      3.  Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

 


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ê2013 Statutes of Nevada, Page 45 (Chapter 14, AB 13)ê

 

a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      4.  The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.

      5.  The Board may decide without a hearing a contested matter:

      (a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or

      (b) Upon agreement of all the parties.

      6.  The Board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.

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

________

CHAPTER 15, AB 22

Assembly Bill No. 22–Committee on Commerce and Labor

 

CHAPTER 15

 

[Approved: May 18, 2013]

 

AN ACT relating to manufactured housing; allowing the Administrator of the Manufactured Housing Division of the Department of Business and Industry to waive the continuing education requirements for specialty servicepersons under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Persons who sell, manage and perform work on manufactured or mobile homes or other similar structures are required to be licensed by the Manufactured Housing Division of the Department of Business and Industry. (NRS 489.311, 489.325) Under existing law, persons who perform work of limited scope on manufactured or mobile homes or other similar structures, known as specialty servicepersons, must also be licensed by the State Contractors’ Board. (NAC 489.311) Existing law also provides that, when a licensee is renewing his or her license, the licensee must submit to the Division proof that he or she has completed 8 hours of approved continuing education within the 2-year period preceding the renewal of the license. (NRS 489.323) This bill allows the Administrator of the Division to waive this continuing education requirement for a specialty serviceperson if: (1) the serviceperson holds a license issued by the Board; and (2) the Administrator determines that it is in the best interest of the State to waive the requirement for continuing education.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 489.323 is hereby amended to read as follows:

      489.323  [If]

      1.  Except as otherwise provided in subsection 2, if a licensee is a dealer, distributor, general serviceperson, specialty serviceperson, responsible managing employee or salesperson, the Division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the Division that the licensee has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the Division pursuant to NRS 489.285.

 


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immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the Division pursuant to NRS 489.285.

      2.  The Administrator may waive the requirement for continuing education set forth in subsection 1 for a licensee who is a specialty serviceperson if:

      (a) The licensee holds a license issued by the State Contractors’ Board; and

      (b) The Administrator determines that, based upon the license described in paragraph (a) and the services provided by the licensee, it is in the best interest of this State for the Administrator to waive the requirement for continuing education for the licensee.

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

________

CHAPTER 16, AB 41

Assembly Bill No. 41–Committee on Government Affairs

 

CHAPTER 16

 

[Approved: May 18, 2013]

 

AN ACT relating to state purchasing; revising provisions governing contracts to provide services to state agencies; increasing the threshold for requiring formal contracts for certain purchases by the State; revising provisions concerning purchases and contracts which are contrary to the provisions governing state purchasing; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a department, division or other agency of the Executive Department of the State Government from entering into certain contracts to provide services unless approved by the State Board of Examiners. (NRS 284.1729) This bill repeals NRS 284.1729 but replaces that section with section 1 of this bill, to be added to chapter 333 of NRS, which relates to state purchasing. The new section contains the same provisions as existing law except that the new section amends that existing law by: (1) requiring the using agency to submit a written disclosure to the Board regarding the services to be provided; and (2) specifying when approval by the Board must occur.

      Existing law defines a “using agency” to include certain state agencies and elected officers of the Executive Department of the State Government which derive their support from public money in whole or in part. (NRS 333.020) Section 3 of this bill raises the threshold for requiring formal contracts for certain purchases by the State from $25,000 to $50,000.

      With limited exceptions, existing law requires contracts with independent contractors to be approved by the State Board of Examiners, but the Clerk of the Board may approve contracts that are for amounts less than $10,000, or amounts less than $25,000 for contracts necessary to preserve life and property. (NRS 333.700) Section 5 of this bill provides that the Clerk of the Board or a designee may approve contracts for amounts below $50,000, including those contracts necessary to preserve life and property. Section 5 also authorizes a contract for the services of an independent contractor to be performed in parts or phases, except that section 5 prohibits splitting such a contract into separate contracts for the purpose of avoiding any requirements for competitive bidding.

 


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      Section 6 of this bill provides that purchases for services made or contracts entered into for purchases of services by certain state agencies and elected officers are void if they are contrary to the statutory and regulatory provisions governing state purchasing. Section 6 further provides that the head of the using agency and the employee who made such a purchase or entered into such a contract are personally liable for the costs of those services. Section 6 also excludes contracts for the purchase of any service, supplies, materials or equipment for a public work that are awarded in compliance with the provisions governing public works from the provisions of section 6.

 

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

      1.  Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:

      (a) The person is a current employee of an agency of this State;

      (b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the person’s employment with the State; or

      (c)The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,

Ê unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.

      2.  The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:

      (a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or

      (b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.

      3.  The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:

      (a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700; and

 


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ê2013 Statutes of Nevada, Page 48 (Chapter 16, AB 41)ê

 

      (b) Must occur before the date on which the contract becomes binding on the using agency.

      4.  A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.

      5.  Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.

      6. Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.

      7. Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

      (a) The number of consultants employed by the board, commission or institution;

      (b) The purpose for which the board, commission or institution employs each consultant;

      (c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and

      (d) The length of time each consultant has been employed by the board, commission or institution.

      8.  A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:

      (a)Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and

      (b)Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

      9.  The provisions of subsections 1 to 6, inclusive, do not apply to:

      (a) The Nevada System of Higher Education or a board or commission of this State.

      (b)The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.

      (c) Contracts in the amount of $1,000,000 or more entered into:

             (1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.271.

             (2) For financial services.

 


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             (3) Pursuant to the Public Employees’ Benefits Program.

      (d)The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 333.300 is hereby amended to read as follows:

      333.300  1.  Except as otherwise provided in NRS 333.375, the Administrator shall give reasonable notice, by advertising and by written notice provided to persons in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

      2.  All such materials, supplies and equipment, except as otherwise provided in this section, if the estimated cost thereof exceeds [$25,000,] $50,000 must be purchased by formal contract from the lowest responsible bidder after notice inviting the submission of sealed proposals to the Administrator of the Purchasing Division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The Purchasing Division may reject any or all proposals, or may accept the proposal determined best for the interest of the State. The notice must be published as prescribed in NRS 333.310.

      3.  In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the Administrator, but every effort must be made to secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.

      4.  In awarding contracts for the purchase of supplies, materials and equipment, if two or more lowest bids are identical, the Administrator shall:

      (a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in the discretion of the Administrator, is in the best interests of this State.

      (b) If the lowest bids are by bidders resident outside the State of Nevada:

             (1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this State; or

             (2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 333.700 is hereby amended to read as follows:

      333.700  1.  Except as otherwise provided in [NRS 284.1729,] section 1 of this act, a using agency may contract for the services of a person as an independent contractor. Except as otherwise provided by specific statute, each such contract must be awarded pursuant to this chapter.

      2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his, her or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

 

 


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      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.

      (b) There must be no:

             (1) Withholding of income taxes by the State;

             (2) Coverage for industrial insurance provided by the State;

             (3) Participation in group insurance plans which may be available to employees of the State;

             (4) Participation or contributions by either the independent contractor or the State to the Public Employees’ Retirement System;

             (5) Accumulation of vacation leave or sick leave; or

             (6) Coverage for unemployment compensation provided by the State if the requirements of NRS 612.085 for independent contractors are met.

      4.  An independent contractor is not in the classified or unclassified service of the State and has none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  If the contract is for services for which a license, certificate, registration, permit or other type of authorization is required by law, an independent contractor must hold the appropriate, current authorization that is required by law for the services.

      6.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the Attorney General, and except as otherwise provided in subsection 8, an executed copy of each contract must be filed with the Fiscal Analysis Division of the Legislative Counsel Bureau and the Clerk of the State Board of Examiners. The State Board of Examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $2,000.

      7.  Except as otherwise provided in subsection 8, and except for contracts entered into by the Nevada System of Higher Education, each proposed contract with an independent contractor must be submitted to the State Board of Examiners. The contracts do not become effective without the prior approval of the State Board of Examiners, except that the State Board of Examiners may authorize its Clerk or a designee to approve contracts which are:

      (a) For amounts less than [$10,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000;] $50,000; or

      (b) Entered into by the State Gaming Control Board for the purposes of investigating an applicant for or holder of a gaming license.

      8.  Copies of the following types of contracts need not be filed or approved as provided in subsections 6 and 7:

      (a) Contracts executed by the Department of Transportation for any work of construction or reconstruction of highways.

      (b) Contracts executed by the State Public Works Division of the Department of Administration or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.

      (c) Contracts executed by the Housing Division of the Department of Business and Industry.

      (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

 


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      9.  The State Board of Examiners shall review each contract submitted for approval pursuant to subsection 7 to consider:

      (a) Whether sufficient authority exists to expend the money required by the contract; and

      (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

Ê If the contract submitted for approval continues an existing contractual relationship, the State Board of Examiners shall ask each agency to ensure that the State is receiving the services that the contract purports to provide.

      10.  If the services of an independent contractor are contracted for to represent an agency of the State in any proceeding in any court, the contract must require that the independent contractor identify in all pleadings the specific state agency which he or she is representing.

      11.  Except as otherwise provided in this subsection, a contract for the services of an independent contractor may be performed in parts or phases. A contract for the services of an independent contract must not be split into separate contracts for the purpose of avoiding any requirements for competitive bidding.

      12.  The State Board of Examiners may adopt regulations to carry out the provisions of this section.

      Sec. 6. NRS 333.810 is hereby amended to read as follows:

      333.810  1.  [Any] Except as otherwise provided in subsection 3, any purchase and any contract for the purchase of any service, supplies, materials or equipment, made or entered into by any state officer, department, institution, board, commission or agency contrary to the provisions of this chapter and the rules and regulations of the Administrator promulgated pursuant thereto, shall be void; but the head of the using agency and the employee who actually made such purchase or entered into such contract shall be personally liable for the costs of any service, supplies, materials or equipment delivered pursuant to such purchase or contract.

      2.  Any contract made with any person, firm or corporation shall be void if any member, officer or employee of any using agency taking part in the making of such contract is also an officer or employee or owner of a substantial part or interest in such firm or corporation.

      3.  The provisions of this section do not apply to a contract for the purchase of any service, supplies, materials or equipment for a public work that is awarded in compliance with chapter 338 of NRS.

      4.  As used in this section, “public work” has the meaning ascribed to it in NRS 338.010.

      Sec. 7. NRS 218E.405 is hereby amended to read as follows:

      218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS [284.1729,] 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

 


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ê2013 Statutes of Nevada, Page 52 (Chapter 16, AB 41)ê

 

Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:

      (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

      (c) The Director or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

      Sec. 8. NRS 284.1729 is hereby repealed.

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

________

CHAPTER 17, AB 57

Assembly Bill No. 57–Committee on Government Affairs

 

CHAPTER 17

 

[Approved: May 18, 2013]

 

AN ACT relating to the Nevada Equal Rights Commission; requiring the Administrator of the Commission to prepare and submit the biennial report of the activities of the Commission; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Nevada Equal Rights Commission is required to prepare and submit a biennial report concerning its activities to the Governor and the Director of the Legislative Counsel Bureau. (NRS 233.080) Section 1 of this bill instead requires the Administrator of the Commission specifically to prepare and submit the biennial report.

 

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 233.080 is hereby amended to read as follows:

      233.080  The [Commission] Administrator shall, on or before [January 15, 1963, and every] January 15 of each odd-numbered year , [thereafter,] prepare and submit a report concerning [its] the activities of the Commission to the Governor and the Director of the Legislative Counsel Bureau.

 


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ê2013 Statutes of Nevada, Page 53 (Chapter 17, AB 57)ê

 

Bureau. The Director of the Legislative Counsel Bureau shall cause [such] the report to be made available to each Senator and member of the Assembly.

________

CHAPTER 18, AB 45

Assembly Bill No. 45–Committee on Government Affairs

 

CHAPTER 18

 

[Approved: May 20, 2013]

 

AN ACT relating to the Department of Administration; revising provisions governing the duties of the Division of State Library and Archives of the Department of Administration; eliminating the Repository for Records Concerning Programs, Activities and Events Related to the Participation of Citizens in the Development of Public Policy and the Improvement of the Operation of Government; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth a list of specific items that the State Library and Archives Administrator is required to keep custody of and preserve. (NRS 378.245) Section 1 of this bill eliminates the description of the State Seal and other such seals and expired official bonds approved by the Governor from the list.

      Existing law allows the Administrator to inspect the physical nature of governmental records in the custody of a state or local governmental agency that are not confidential or privileged. (NRS 378.255) Section 2 of this bill expands the authority of the Administrator to inspect information in records in the custody of state or local governmental agencies and to inspect the physical nature of and information contained in such records that are confidential or privileged under certain circumstances. Section 2 also requires an inspection of confidential or privileged records to be logged and prohibits the Administrator from disclosing any such confidential or privileged information.

      Under existing law, the Division of State Library and Archives of the Department of Administration is required to provide microfilming services to state agencies and local governments. (NRS 239.070, 378.280) Sections 3 and 7 of this bill require the Division to also provide digital imaging services to those governmental entities. Section 2 of this bill authorizes the Division to provide microfilming and digital imaging services for the records of the Legislative and Judicial Branches of State Government, upon request.

      Section 10 of this bill eliminates the authority of the Administrator to enter into an agreement with the Secretary of State to keep and preserve material for the Secretary of State. (NRS 378.260) Section 10 also eliminates certain fees that are duplicative of fees that a governmental entity is generally authorized to charge. (NRS 239.052, 239.055) Finally, section 10 eliminates the Repository for Records Concerning Programs, Activities and Events Related to the Participation of Citizens in the Development of Public Policy and the Improvement of the Operation of Government, which was created to store and maintain information submitted concerning ways to increase citizen participation in government. (NRS 378.400) Sections 4-6, 8 and 9 of this bill make conforming changes relating to the elimination of the Repository, including requiring that documents and information currently submitted to the Repository be sent to the Division of State Library and Archives.

 


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ê2013 Statutes of Nevada, Page 54 (Chapter 18, AB 45)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 378.245 is hereby amended to read as follows:

      378.245  1.  The State Library and Archives Administrator has custody of and shall carefully preserve in the Division:

      (a) The enrolled copy of the Constitution of the State of Nevada.

      (b) [The description of the State Seal and other seals of which a description may be required to be deposited in the Division.

      (c)] The proceedings and all papers of the two Constitutional Conventions held for the purpose of framing a Constitution of this State.

      [(d)](c) The manuscripts containing the enrolled acts and joint resolutions and journals of the Legislature of this State and the Territory of Nevada.

      [(e)](d) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the Secretary of the Territory of Nevada.

      [(f)](e) All the books, records, parchments, maps, registers, papers and other material required to be deposited or kept in the Division.

      [(g) All expired official bonds approved by the Governor.]

      2.  The State Library and Archives Administrator shall not permit the original papers and other material to be taken out of the archives unless he or she determines that the circumstances ensure the safety and integrity of the papers and other material.

      Sec. 2. NRS 378.255 is hereby amended to read as follows:

      378.255  The State Library and Archives Administrator may:

      1.  Adopt regulations and establish standards, procedures and techniques for the effective management of records.

      2.  Make continuing surveys of current practices for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records.

      3.  Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposition of state records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention.

      4.  Establish, maintain and operate a center for storing and retrieving records for state agencies pending the acceptance of the records by the Division or the disposition of the records in any other manner prescribed by law.

      5.  Establish a program for [the control and management of forms, files, reports, directives and correspondence.] providing microfilming and digital imaging services for the records of the Legislative and Judicial Branches of State Government, upon request.

      6.  Establish a program of planning and preparation to assist state agencies and local governments in providing protection for records essential for the continuation or re-establishment of government in the event of a disaster.

 


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      7.  Provide advice and technical assistance to state agencies, local governmental [entities] agencies and, if requested, the Legislative and Judicial Branches of State Government concerning any aspect of managing records.

      8.  Through the Division, inspect the physical nature of , and information contained in, governmental records in the custody of a state or local governmental agency which are not confidential or privileged.

      9.  Through the Division, inspect the physical nature of, and information contained in, confidential or privileged governmental records in the custody of a state or local governmental agency if the inspection is necessary to carry out the provisions of subsection 3, 5, 6 or 7 and if the inspection is not prohibited by any federal law or regulation. Inspections must be logged as required pursuant to NRS 239C.230. The Division shall not disclose any confidential or privileged information in governmental records inspected pursuant to this subsection, and such inspection does not alter, affect, abrogate or waive the confidential or privileged status of the information.

      10.  With the approval of the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073, bring an action to obtain possession of the records of a state or local governmental agency which are:

      (a) Of historical value and are not being properly cared for; or

      (b) Privately held.

Ê In an action to recover a record which is privately held, it is rebuttably presumed that a governmental record which appears to be the original of a document received or the file copy of a document made by a governmental agency is governmental property.

      Sec. 3. NRS 378.280 is hereby amended to read as follows:

      378.280  1.  Except as otherwise provided in subsection 2, the State Library and Archives Administrator shall establish and administer a program for the efficient and economical creation, use, maintenance, retention, preservation , including, without limitation, microfilming and digital imaging, and disposition of the records of the Executive Branch of the Government of the State of Nevada.

      2.  The Director of the Department of Transportation may establish a program for the management of the Department’s records, if the Director confers with the State Library and Archives Administrator regarding the program. The program must incorporate generally accepted practices for managing records.

      Sec. 4.  NRS 225.200 is hereby amended to read as follows:

      225.200  As used in NRS 225.200 to 225.270, inclusive, unless the context otherwise requires, the words and terms defined in NRS 225.210 [,] and 225.220 [and 225.230] have the meanings ascribed to them in those sections.

      Sec. 5. NRS 225.250 is hereby amended to read as follows:

      225.250  1.  The Advisory Committee shall:

      (a) [Advise the Director of the Department of Administration concerning the Repository and make recommendations to support greater use of the Repository and collection of materials for the Repository;

      (b)] Assist the Secretary of State in identifying and proposing programs that support participatory democracy and solutions to any problem concerning the level of participatory democracy, including, without limitation, proposing methods to involve the news media in the process of addressing and proposing solutions to such a problem;

 


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ê2013 Statutes of Nevada, Page 56 (Chapter 18, AB 45)ê

 

limitation, proposing methods to involve the news media in the process of addressing and proposing solutions to such a problem;

      [(c)] (b) Make recommendations to and discuss recommendations with the Secretary of State concerning matters brought to the attention of the Advisory Committee that relate to a program, activity, event or any combination thereof designed to increase or facilitate participatory democracy, including, without limitation, the interaction of citizens with governing bodies in the formulation and implementation of public policy;

      [(d)](c) Establish a “Jean Ford Democracy Award” to honor citizens who perform exemplary service in promoting participatory democracy in this State;

      [(e)](d) Support projects by national, state and local entities that encourage and advance participatory democracy, including programs established by the National Conference of State Legislatures, the State Bar of Nevada, and other public and private organizations; and

      [(f)](e) Advise the Secretary of State and the Governor concerning the substance of any proclamation issued by the Governor pursuant to NRS 236.035.

      2.  The Advisory Committee may establish a panel to assist the Advisory Committee in carrying out its duties and responsibilities. The panel may consist of:

      (a) Representatives of organizations, associations, groups or other entities committed to improving participatory democracy in this State, including, without limitation, representatives of committees that are led by youths and established to improve the teaching of the principles of participatory democracy in the schools, colleges and universities of this State; and

      (b) Any other interested persons with relevant knowledge.

      Sec. 6. NRS 236.035 is hereby amended to read as follows:

      236.035  1.  The Governor may annually proclaim the third week in September to be “Constitution Week” and September 17 to be “Constitution Day” to commemorate the historical contributions that the United States Constitution has made to citizens and its significance in preserving the individual freedoms, liberties and common welfare of the people who live in the United States of America.

      2.  The proclamation may:

      (a) Call upon the news media, educators, state and local officers, professional, business and labor leaders, and others in positions of authority or influence to bring to the attention of the citizens of this State the importance of the United States Constitution in shaping and articulating the basic values that underlie the unique character of American civilization and culture, based on the belief that sovereignty emanates from the people who comprise a society and that governmental authority is based upon the consent of the governed;

      (b) Encourage elected and appointed officers and employees at all levels of government and in all public and educational institutions to develop new programs and new ideas by which the citizens of this State and nation can:

             (1) Better understand and improve the effectiveness of all branches of government established within the American constitutional system; and

 


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ê2013 Statutes of Nevada, Page 57 (Chapter 18, AB 45)ê

 

             (2) Increase the extent and quality of their participation in the development of public policy and the improvement of the operation of government at all levels;

      (c) Encourage citizens of this State to assist elected and appointed officers and employees at all levels of government, and in all public and educational institutions, to develop new programs and new ideas to increase the extent and quality of the participation of the citizens of this State in the development of public policy and the improvement of the operation of government at all levels;

      (d) Direct interested citizens and appropriate officers and agencies to develop recommendations by which federal, state and local policies for the preservation of historical records can be formulated and put into effect, so that the cultural and informational resources that are essential to a constitutional form of government are preserved and made accessible to present and future generations of citizens;

      (e) Remind all citizens that the preservation of the American constitutional form of government, and the freedom and liberty guaranteed by the United States Constitution, are based upon the responsibility of each citizen to uphold and defend the Constitution; and

      (f) Request all citizens to submit any information they may have concerning a program, activity, event, proposal or any other action to increase the extent and quality of participation of citizens in the:

             (1) Development of public policy; and

             (2) Improvement of the operation of government at all levels,

Ê to the [repository created pursuant to NRS 378.400.] Division of State Library and Archives of the Department of Administration.

      Sec. 7. NRS 239.070 is hereby amended to read as follows:

      239.070  1.  In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use microfilm or digital images for such recording.

      2.  The Division shall provide microfilming [service] or digital imaging services to any local government. The charge for the service must not exceed the actual cost [.] of providing the services.

      3.  If microfilming or digital imaging is used:

      (a) The microphotographs , [or] micronegative films or digital images must be properly indexed and placed in conveniently accessible files.

      (b) Each film or digital image must be designated and numbered.

      (c) Provision must be made for preserving, examining and using the films [.] or digital images.

      4.  A duplicate of each such film or digital image must be made and kept safely in a separate place.

      5.  Duplicates of each such film or digital image must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film or digital image available for sale to the public at a price not exceeding cost.

      6.  The Division shall provide services for recording other than microfilming or digital imaging to any local government if the Division has the equipment necessary to provide the services. The services provided are subject to the requirements of this section relating to microfilming [.] or digital imaging.

 


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      Sec. 8. NRS 244.1615 is hereby amended to read as follows:

      244.1615  A board of county commissioners may institute a program or sponsor an activity, event or any other action designed to increase the extent and quality of participation of the residents of the county in the development of public policy and the improvement of the operation of government at all levels. The board may submit a report of any action taken pursuant to this section to the [repository created pursuant to NRS 378.400.] Division of State Library and Archives of the Department of Administration.

      Sec. 9. NRS 268.920 is hereby amended to read as follows:

      268.920  The city council or other governing body of an incorporated city may institute a program or sponsor an activity, event or any other action designed to increase the extent and quality of participation of the residents within the incorporated city in the development of public policy and the improvement of the operation of government at all levels. The city council or other governing body of an incorporated city may submit a report of any action taken pursuant to this section to the [repository created pursuant to NRS 378.400.] Division of State Library and Archives of the Department of Administration.

      Sec. 10. NRS 225.230, 378.120, 378.260 and 378.400 are hereby repealed.

      Sec. 11.  This act becomes effective upon passage and approval.

________

CHAPTER 19, AB 108

Assembly Bill No. 108–Assemblyman Elliot Anderson

 

CHAPTER 19

 

[Approved: May 20, 2013]

 

AN ACT relating to elections; providing that a person is not ineligible to vote because he or she has been adjudicated mentally incompetent unless a court of competent jurisdiction makes certain specific findings concerning the person’s mental capacity to vote; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person who has been adjudicated mentally incompetent is not eligible to vote. (Nev. Const. Art. 2, § 1) This bill enacts a standard to be used by courts to adjudicate a person mentally incompetent for the purpose of voting. Under section 1 of this bill, a person is not ineligible to vote on the ground that the person has been adjudicated mentally incompetent unless a court of competent jurisdiction specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process. Section 5 of this bill specifically provides that a person for whom a court has appointed a guardian retains his or her right to vote unless the court makes such a finding.

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 59 (Chapter 19, AB 108)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 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person is not ineligible to vote on the ground that the person has been adjudicated mentally incompetent unless a court of competent jurisdiction specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process and includes the finding in a court order.

      Sec. 2. NRS 293.540 is hereby amended to read as follows:

      293.540  The county clerk shall cancel the registration:

      1.  If the county clerk has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in the county clerk’s office.

      2.  If the [insanity or mental incompetence of] county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person registered [is legally established.] lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.

      3.  Upon the determination that the person registered has been convicted of a felony unless:

      (a) If the person registered was convicted of a felony in this State, the right to vote of the person has been restored pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

      (b) If the person registered was convicted of a felony in another state, the right to vote of the person has been restored pursuant to the laws of the state in which the person was convicted.

      4.  Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

      5.  Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.

      6.  At the request of the person registered.

      7.  If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.

      8.  As required by NRS 293.541.

      9.  Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerk’s office.

      Sec. 3. NRS 293.542 is hereby amended to read as follows:

      293.542  Within 30 days after a court of competent jurisdiction issues an order stating that the court specifically finds by clear and convincing evidence that a person [is adjudicated insane or mentally incompetent by a district court, the clerk of the district] lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process, the court shall provide a certified copy of the order [or judgment of insanity or mental incompetency] to:

 


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ê2013 Statutes of Nevada, Page 60 (Chapter 19, AB 108)ê

 

a specific desire to participate in the voting process, the court shall provide a certified copy of the order [or judgment of insanity or mental incompetency] to:

      1.  The county clerk of the county in which the person is a resident [, if the person is not a resident of the county in which the district court is located; or] ; and

      2.  The [registrar of voters of the county, if the person is a resident of the county in which the district court is located and the county has created the office of registrar of voters pursuant to NRS 244.164.] Office of the Secretary of State.

      Sec. 4. NRS 293.543 is hereby amended to read as follows:

      293.543  1.  If the registration of an elector is cancelled pursuant to subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been [declared sane or mentally competent] found by the district court [.] to have the mental capacity to vote. The court must include the finding in a court order and, not later than 30 days after issuing the order, provide a certified copy of the order to the county clerk of the county in which the person is a resident and to the Office of the Secretary of State.

      2.  If the registration of an elector is cancelled pursuant to subsection 3 of NRS 293.540, the elector may reregister after presenting satisfactory evidence which demonstrates that the elector’s:

      (a) Conviction has been overturned; or

      (b) Civil rights have been restored:

             (1) If the elector was convicted in this State, pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

             (2) If the elector was convicted in another state, pursuant to the laws of the state in which he or she was convicted.

      3.  If the registration of an elector is cancelled pursuant to the provisions of subsection 5 of NRS 293.540, the elector may reregister immediately.

      4.  If the registration of an elector is cancelled pursuant to the provisions of subsection 6 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.

      Sec. 5. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A ward retains his or her right to vote unless the court specifically finds by clear and convincing evidence that the ward lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.

      2.  If the court makes a finding pursuant to subsection 1, the court must include the finding in a court order and provide a certified copy of the order to the county clerk or the registrar of voters, as applicable, of the county in which the ward resides and to the Office of the Secretary of State, in the manner set forth in NRS 293.542.

________

 

 

 

 

 


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CHAPTER 20, AB 16

Assembly Bill No. 16–Committee on Government Affairs

 

CHAPTER 20

 

[Approved: May 21, 2013]

 

AN ACT relating to the State Government; providing for the compilation and publication of the State Administrative Manual, consisting of the policies and procedures adopted and amended by the State Board of Examiners for the Executive Branch of State Government; establishing notice requirements for the adoption, amendment and repeal of such policies and procedures; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Department of Administration currently publishes the State Administrative Manual, a compilation of policies governing the internal operation of all agencies of the Executive Branch of the State Government. This bill provides specific statutory authority and notice requirements for adopting, amending and repealing these policies and provides specific requirements for compiling and publishing such a manual.

      Section 1 of this bill requires the Director of the Department, or the Chief of the Budget Division of the Department if the Director does not serve as the Chief, to compile and publish an administrative manual consisting of the policies and procedures adopted or amended by the State Board of Examiners. Section 1 also establishes certain procedural requirements to be met by the Director or the Chief, as applicable, in connection with the adoption, amendment or repeal of such policies and procedures.

 

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

      1.  The State Administrative Manual is hereby created. The Director, or the Chief of the Budget Division of the Department if the Director does not serve as the Chief, shall compile and publish in the State Administrative Manual any policies and procedures adopted or amended by the State Board of Examiners pursuant to NRS 353.040.

      2.  In addition to complying with the requirements of NRS 241.020, the Director or the Chief, as applicable, shall, not later than 30 days before presenting to the State Board of Examiners any policy or procedure for adoption, amendment or repeal, cause notice of the proposed action to be posted on the Internet website used by the State Board of Examiners to provide public notice of its meetings. The notice must:

      (a) Be accessible through a conspicuous link that appears on the main page of that website;

      (b) Include the full text of the policy or procedure proposed to be adopted, amended or repealed, clearly setting forth any language proposed for addition to or deletion from the policy or procedure;

      (c) Solicit the submission of written comments by any interested person to the Director or the Chief, as applicable, for transmittal to the State Board of Examiners, concerning its proposed action and set forth the address for the submission of such comments and the deadline for submission applicable pursuant to subsection 3; and

 


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ê2013 Statutes of Nevada, Page 62 (Chapter 20, AB 16)ê

 

address for the submission of such comments and the deadline for submission applicable pursuant to subsection 3; and

      (d) Set forth the date on which the adoption, amendment or repeal of the policy or procedure becomes effective if action is taken as proposed.

      3.  Any written comments submitted to the Director or the Chief, as applicable, pursuant to subsection 2 must be submitted not later than 5 working days before the meeting at which the proposed adoption, amendment or repeal is to be considered by the State Board of Examiners and must be entered into the record of the Board.

      Sec. 2. NRS 232.212 is hereby amended to read as follows:

      232.212  As used in NRS 232.212 to 232.227, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Administration.

      2.  “Director” means the Director of the Department.

      Sec. 2.5. NRS 353.040 is hereby amended to read as follows:

      353.040  The State Board of Examiners shall have authority to establish [rules and regulations] policies and procedures for its government not inconsistent with law.

      Secs. 3-9. (Deleted by amendment.)

      Sec. 10.  This act becomes effective on January 1, 2014.

________

CHAPTER 21, AB 492

Assembly Bill No. 492–Committee on Commerce and Labor

 

CHAPTER 21

 

[Approved: May 21, 2013]

 

AN ACT relating to credit unions; revising provisions governing the Credit Union Advisory Council; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Credit Union Advisory Council, consisting of five members appointed by the Governor, consults with, advises and makes recommendations to the Commissioner of Financial Institutions in matters relating to credit unions. (NRS 678.290) The Commissioner is subject to administrative supervision by the Director of the Department of Business and Industry and the Council, and is authorized to adopt certain regulations only with the advice and consent of the Council. (NRS 678.250, 678.270) This bill divests the Council of any authority over the Commissioner and instead makes the role of the Council purely advisory, as recommended by the Sunset Subcommittee of the Legislative Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 678.250 is hereby amended to read as follows:

      678.250  The Commissioner shall administer the provisions of this chapter, subject to administrative supervision by the Director . [and the Credit Union Advisory Council.

 


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ê2013 Statutes of Nevada, Page 63 (Chapter 21, AB 492)ê

 

Credit Union Advisory Council. He or she] The Commissioner shall make the decisions and determinations and adopt regulations which are necessary or reasonably appropriate to accomplish the purposes of this chapter.

      Sec. 2. NRS 678.270 is hereby amended to read as follows:

      678.270  The Commissioner may:

      1.  Adopt regulations, subject to the advice [and consent] of the Credit Union Advisory Council, establishing chartering, supervisory and examination fees; and

      2.  Cause appropriate legal action to be taken in the district court of any county to secure an injunction or order restraining a violation of this chapter.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 22, SB 139

Senate Bill No. 139–Senators Spearman, Parks, Manendo, Ford, Kihuen; Atkinson, Denis, Goicoechea, Hammond, Hutchison, Jones, Kieckhefer, Roberson, Segerblom, Smith and Woodhouse

 

Joint Sponsors: Assemblymen Bobzien, Fiore, Eisen, Healey, Elliot Anderson; Paul Anderson, Cohen, Daly, Flores, Frierson, Hambrick, Hogan, Horne, Martin, Munford, Neal, Pierce, Spiegel, Sprinkle and Swank

 

CHAPTER 22

 

[Approved: May 21, 2013]

 

AN ACT relating to crimes; revising provisions governing crimes motivated by certain characteristics of the victim; providing an additional penalty for certain crimes motivated by the victim’s gender identity or expression; providing certain civil liability for a person who commits certain crimes motivated by the victim’s gender identity or expression; revising provisions concerning the reporting of certain crimes; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that if a person commits certain crimes because of a victim’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation: (1) the person who committed the crime is subject to an additional penalty; (2) unless a greater penalty is provided by law, the person who committed the crime is guilty of a gross misdemeanor; and (3) a person injured by the crime may bring a civil action against the person who committed the crime. (NRS 41.690, 193.1675, 207.185) Further, existing law requires the Director of the Department of Public Safety to establish a Program for Reporting Crimes that is designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability or sexual orientation. (NRS 179A.175) This bill expands those provisions to include: (1) certain additional crimes based on the categories used by the Federal Bureau of Investigation to compile statistics concerning hate crimes; and (2) cases in which a person commits a crime because of the victim’s actual or perceived gender identity or expression.

 


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ê2013 Statutes of Nevada, Page 64 (Chapter 22, SB 139)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 193 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Gender identity or expression” means the gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      Sec. 2. NRS 193.010 is hereby amended to read as follows:

      193.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 193.011 to 193.0245, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 193.1675 is hereby amended to read as follows:

      193.1675  1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.030, 200.050, 200.280, 200.310, 200.366, 200.380, 200.400, 200.460 to 200.465, inclusive, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.481 which is punishable as a felony, NRS 200.508, 200.5099 , [or] subsection 2 of NRS 200.575 , NRS 205.010 to 205.025, inclusive, 205.060, 205.067, 205.075, NRS 205.0832 which is punishable as a felony, NRS 205.220, 205.226, 205.228, 205.270, 206.150, NRS 206.330 which is punishable as a felony or NRS 207.190 because the actual or perceived race, color, religion, national origin, physical or mental disability , [or] sexual orientation or gender identity or expression of the victim was different from that characteristic of the perpetrator may, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

      2.  A sentence imposed pursuant to this section:

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      3.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 4. NRS 207.185 is hereby amended to read as follows:

      207.185  Unless a greater penalty is provided by law, a person who, by reason of the actual or perceived race, color, religion, national origin, physical or mental disability , [or] sexual orientation or gender identity or expression of another person or group of persons, willfully violates any provision of NRS 200.471, 200.481, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, NRS 205.0832 which is punishable as a misdemeanor, NRS 205.240, 205.2715, 205.274, 205.2741, 206.010, 206.040, 206.125, 206.140, 206.200, 206.310, NRS 206.330 which is punishable as a misdemeanor, NRS 207.180, 207.200 or 207.210 is guilty of a gross misdemeanor.

 


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ê2013 Statutes of Nevada, Page 65 (Chapter 22, SB 139)ê

 

203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, NRS 205.0832 which is punishable as a misdemeanor, NRS 205.240, 205.2715, 205.274, 205.2741, 206.010, 206.040, 206.125, 206.140, 206.200, 206.310, NRS 206.330 which is punishable as a misdemeanor, NRS 207.180, 207.200 or 207.210 is guilty of a gross misdemeanor.

      Sec. 5. NRS 207.297 is hereby amended to read as follows:

      207.297  As used in NRS 207.300 and 207.310:

      1.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      2.  “Familial status” means the fact that a person:

      (a) Lives with a child under the age of 18 and has:

             (1) Lawful custody of the child; or

             (2) Written permission to live with the child from the person who has lawful custody of the child;

      (b) Is pregnant; or

      (c) Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

      3.  [“Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      4.]  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 6. NRS 41.690 is hereby amended to read as follows:

      41.690  1.  A person who has suffered injury as the proximate result of the willful violation of the provisions of NRS 200.030, 200.050, 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.464, 200.465, 200.467, 200.468, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 205.010 to 205.025, inclusive, 205.060, 205.067, 205.075, 205.0832, 205.220, 205.226, 205.228, 205.240, 205.270, 205.2715, 205.274, 205.2741, 206.010, 206.040, 206.125, 206.140, 206.150, 206.200, 206.310, 206.330, 207.180, 207.190, 207.200 or 207.210 by a perpetrator who was motivated by the injured person’s actual or perceived race, color, religion, national origin, physical or mental disability , [or] sexual orientation or gender identity or expression may bring an action for the recovery of his or her actual damages and any punitive damages which the facts may warrant. If the person who has suffered injury prevails in an action brought pursuant to this subsection, the court shall award the person costs and reasonable attorney’s fees.

      2.  The liability imposed by this section is in addition to any other liability imposed by law.

      3.  As used in this section, “gender identity or expression” has the meaning ascribed to it in section 1 of this act.

      Sec. 7. NRS 179A.175 is hereby amended to read as follows:

      179A.175  1.  The Director of the Department shall establish within the Central Repository a Program for Reporting Crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability , [or] sexual orientation [.] or gender identity or expression.

 


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ê2013 Statutes of Nevada, Page 66 (Chapter 22, SB 139)ê

 

      2.  The Program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability , [or] sexual orientation [.] or gender identity or expression. The Director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice.

      3.  The Central Repository shall include in its annual report to the Governor pursuant to subsection 6 of NRS 179A.075, and in any other appropriate report, an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability , [or] sexual orientation [.] or gender identity or expression.

      4.  Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.

      5.  As used in this section, “gender identity or expression” has the meaning ascribed to it in section 1 of this act.

________

CHAPTER 23, AB 111

Assembly Bill No. 111–Assemblymen Kirner, Hickey, Elliot Anderson; Daly, Duncan, Ellison, Fiore, Grady, Hambrick, Kirkpatrick, Livermore, Munford, Oscarson, Sprinkle, Stewart and Wheeler

 

Joint Sponsors: Senators Gustavson and Parks

 

CHAPTER 23

 

[Approved: May 21, 2013]

 

AN ACT relating to motor vehicles; requiring that special license plates provided to disabled veterans of the Armed Forces of the United States bear the international symbol of access; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Certain disabled veterans are entitled to special license plates which include an inscription indicating that the veteran is disabled. (NRS 482.377) The owner or operator of a motor vehicle displaying special license plates for disabled veterans is allowed to park the motor vehicle: (1) for up to 4 hours in a parking zone restricted as to the length of time parking is permitted; and (2) in a parking space designated for persons who are handicapped. (NRS 484B.463, 484B.467) This bill requires that special license plates for disabled veterans be inscribed additionally with the international symbol of access.

 

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 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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ê2013 Statutes of Nevada, Page 67 (Chapter 23, AB 111)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 that must be inscribed with [the] :

             (1) The words “DISABLED VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran [,] ;

             (2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and [three]

             (3) 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. 2.  1.  As soon as practicable after the effective date of this act, the Department of Motor Vehicles shall:

      (a) Design and prepare special license plates that comply with the provisions of paragraph (a) of subsection 1 of NRS 482.377, as amended by section 1 of this act;

      (b) Inform the holders of special license plates described in the provisions of paragraph (a) of subsection 1 of NRS 482.377, as those provisions existed before the effective date of this act, that new versions of those plates will be made available to include an inscription of the international symbol of access; and

      (c) Establish procedures for the orderly:

             (1) Return to the Department of special license plates described in the provisions of paragraph (a) of subsection 1 of NRS 482.377, as those provisions existed before the effective date of this act; and

 


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ê2013 Statutes of Nevada, Page 68 (Chapter 23, AB 111)ê

 

             (2) Issuance by the Department of new versions of the special license plates described in the provisions of paragraph (a) of subsection 1 of NRS 482.377, as amended by section 1 of this act.

      2.  The Department of Motor Vehicles shall not impose a fee or other charge for the issuance by the Department of new versions of the special license plates described in the provisions of paragraph (a) of subsection 1 of NRS 482.377, as amended by section 1 of this act.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 24, AB 85

Assembly Bill No. 85–Assemblymen Daly, Bobzien, Carrillo; Benitez-Thompson, Cohen, Hansen, Healey and Sprinkle

 

Joint Sponsor: Senator Smith

 

CHAPTER 24

 

[Approved: May 21, 2013]

 

AN ACT relating to contracts; prohibiting a local government, the Administrator of the Purchasing Division of the Department of Administration and a board of trustees of a school district from joining, using or entering into certain contracts or agreements; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes: (1) a local government and the State of Nevada to join or use contracts of local governments located within this State or another state if authorized by the contracting vendor; and (2) a local government to join or use the contracts of the State of Nevada or another state if authorized by the contracting vendor. (NRS 332.195) Existing law also authorizes the Administrator of the Purchasing Division of the Department of Administration to enter into an agreement for supplies, materials or equipment with a vendor who has entered into an agreement with the federal General Services Administration or certain other governmental agencies under certain circumstances. (NRS 333.480) Existing law further provides that, if a board of trustees of a school district enters into an agreement with another school district for the consolidation or sharing of services, functions or personnel, the board of trustees may join in any applicable contracts of the other school district. (NRS 386.353) This bill prohibits a local government, the Administrator and the board of trustees of a school district from joining, using or entering into a contract or agreement pursuant to those provisions if a license issued pursuant to chapter 624 of NRS governing contractors is required for any portion of the contract or agreement.

      Existing law provides that any contract for the purchase of any supplies, materials or equipment by any state officer, department, institution, board, commission or agency is void if it is contrary to the statutory and regulatory provisions governing state purchasing. Existing law further provides that the head of the using agency and the employee who entered into such a contract are personally liable for the costs of the supplies, materials or equipment. (NRS 333.810) Section 2 of this bill makes this provision applicable to an agreement entered into by the Administrator which is contrary to the amendatory provisions of that section.

 

 

 


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ê2013 Statutes of Nevada, Page 69 (Chapter 24, AB 85)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 332.195 is hereby amended to read as follows:

      332.195  1.  Except as otherwise provided in this section:

      (a) A governing body or its authorized representative and the State of Nevada may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. The originally contracting local government is not liable for the obligations of the governmental entity which joins or uses the contract.

      [2.](b) A governing body or its authorized representative may join or use the contracts of the State of Nevada or another state with the authorization of the contracting vendor. The State of Nevada or other state is not liable for the obligations of the local government which joins or uses the contract.

      2.  A governing body or its authorized representative or the State of Nevada shall not join or use a contract pursuant to this section if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.

      Sec. 2. NRS 333.480 is hereby amended to read as follows:

      333.480  [The]

      1.  Except as otherwise provided in subsection 2, the Administrator may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the Executive Department of the State Government, volunteer fire departments, local governments as defined in NRS 354.474, conservation districts or irrigation districts of the State of Nevada, any supplies, materials or equipment of any kind required or deemed advisable for the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474, conservation districts or irrigation districts that may be available pursuant to an agreement with a vendor who has entered into an agreement with the General Services Administration or another governmental agency dealing in supplies, materials, equipment or donable surplus material if:

      [1.](a) The prices for the supplies, materials or equipment negotiated in the agreement that the Administrator enters into with the vendor are substantially similar to the prices for those supplies, materials or equipment that the vendor had negotiated with the General Services Administration or other governmental agency; and

      [2.](b) The Administrator determines that such an agreement would be in the best interests of the State.

      2.  The Administrator shall not enter into an agreement pursuant to subsection 1 if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the agreement.

      Sec. 3. NRS 386.353 is hereby amended to read as follows:

      386.353  1.  The board of trustees of each school district in this State shall determine whether any services, functions or personnel may be feasibly consolidated or shared with one or more other school districts in this State. Services, functions or personnel that the board of trustees may consolidate or share with another school district include, without limitation:

 


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ê2013 Statutes of Nevada, Page 70 (Chapter 24, AB 85)ê

 

      (a) Purchasing;

      (b) Accounting;

      (c) Recruiting;

      (d) Transportation;

      (e) Chief financial officer;

      (f) Human resources director; and

      (g) Superintendent of schools.

      2.  Based on the determination made pursuant to subsection 1, the board of trustees may consolidate or share any service, function or personnel with another school district. Nothing in this section requires a board of trustees of a school district to enter into a cooperative agreement for the consolidation or sharing of services, functions or personnel with one or more school districts. The board of trustees may establish any cost-effective and efficient method for the sharing or consolidation of services or personnel.

      3.  [If] Except as otherwise provided in this subsection, if the board of trustees enters into an agreement with one or more school districts for the consolidation or sharing of services, functions or personnel, the board of trustees may join in any applicable contracts of the other school district. The board of trustees shall not join in a contract pursuant to this subsection if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.

      4.  The Committee on Local Government Finance created pursuant to NRS 354.105 shall adopt such regulations that are necessary or proper to assist the boards of trustees in carrying out the provisions of this section. Such regulations must include, without limitation:

      (a) Procedures and guidelines for how boards of trustees may efficiently and effectively consolidate or share services, functions and personnel with other school districts. Such procedures and guidelines should provide direction to the boards of trustees on ways to prepare contracts or other agreements necessary to implement the provisions of this section.

      (b) In the case of sharing personnel with other school districts, procedures for sharing the costs of the payment of premiums or contributions for employee benefits, including, without limitation, retirement, life insurance and health benefits.

      Sec. 4.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 71ê

 

CHAPTER 25, AB 331

Assembly Bill No. 331–Assemblywoman Spiegel

 

Joint Sponsor: Senator Ford

 

CHAPTER 25

 

[Approved: May 21, 2013]

 

AN ACT relating to health care; revising provisions governing the billing practices of certain providers of health care; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law defines the term “health care plan” as a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services. (NRS 679B.520) Existing law further defines the term “provider of health care” for the purposes of chapter 629 of NRS which govern the healing arts generally. (NRS 629.031)

      Section 1 of this bill provides that after a patient provides certain information to a provider of health care for the purpose of paying for a service which has been or may be rendered to the patient: (1) the provider of health care is required to maintain a record of the information provided by the patient; and (2) if the provider of health care fails to submit any claim for payment of any portion of any charge pursuant to the terms of the health care plan, the provider of health care is prohibited from requesting or requiring certain payments from the patient.

      Section 1 further: (1) limits the applicability of the provisions prohibiting a provider of health care from requesting or requiring certain payments from a patient so that the provider of health care may request or require such payments if the patient causes the provider of health care to submit the claim in a manner which violates the terms of the health care plan; and (2) provides that any provision of an agreement between a patient and a provider of health which conflicts with the provisions set forth in that section is void.

 

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

      1.  After a patient provides to a provider of health care, and the provider of health care accepts from the patient, any information regarding a health care plan for the purpose of paying for a service which has been or may be rendered to the patient:

      (a) The provider of health care shall maintain a record of the information provided by the patient; and

      (b) If the provider of health care fails to submit any claim for payment of any portion of any charge pursuant to the terms of the health care plan, the provider of health care shall not request or require payment from the patient of any portion of the charge beyond the portion of the charge which the patient would have been required to pay pursuant to the terms of the health care plan if the provider of health care had submitted the claim for payment pursuant to the terms of the health care plan.

 


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ê2013 Statutes of Nevada, Page 72 (Chapter 25, AB 331)ê

 

      2.  The provisions of paragraph (b) of subsection 1 do not apply to a claim if the patient provides information to the provider of health care which is inaccurate, outdated or otherwise causes the provider of health care to submit the claim in a manner which violates the terms of the health care plan.

      3.  Any provision of any agreement between a patient and a provider of health care which conflicts with the provisions of this section is void.

      4.  As used in this section, “health care plan” has the meaning ascribed to it in NRS 679B.520.

      Sec. 2.  This act applies only to services rendered pursuant to an agreement entered into on or after October 1, 2013.

________

CHAPTER 26, AB 206

Assembly Bill No. 206–Assemblyman Sprinkle

 

CHAPTER 26

 

[Approved: May 21, 2013]

 

AN ACT relating to industrial insurance; providing that volunteer members of a county search and rescue organization shall be deemed to be employees of the county at a wage specified by statute for certain purposes relating to industrial insurance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, various persons, while conducting specified activities, are deemed to be employees for the purposes of receiving industrial insurance benefits. Existing law specifies the monthly wages that such persons are deemed to earn while engaged in those activities. (NRS 616A.115-616A.225) This bill provides that volunteer members of a county search and rescue organization shall be deemed, for the purposes of receiving industrial insurance benefits, to be employees of the county at the wage of $2,000 per month.

 

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 616A of NRS is hereby amended by adding thereto a new section to read as follows:

      Volunteer members of a search and rescue organization that is under the direct supervision of a county sheriff, while acting under the direction of the sheriff or a designee of the sheriff:

      1.  In the conduct of any search and rescue operation; or

      2.  In training for such an operation,

Ê shall be deemed, for the purposes of chapters 616A to 616D, inclusive, of NRS, to be employees of the county at the wage of $2,000 per month, and are entitled to the benefits of those chapters.

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

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ê2013 Statutes of Nevada, Page 73ê

 

CHAPTER 27, AB 179

Assembly Bill No. 179–Assemblymen Oscarson, Hickey, Ellison; Elliot Anderson, Bobzien, Bustamante Adams, Daly, Eisen, Grady, Healey, Kirkpatrick, Kirner, Livermore, Martin, Neal, Swank, Wheeler and Woodbury

 

Joint Sponsors: Senators Cegavske and Goicoechea

 

CHAPTER 27

 

[Approved: May 21, 2013]

 

AN ACT relating to audits; revising requirements for certain regulatory boards of this State to prepare a balance sheet or hire a public accountant or accounting firm to conduct an audit of the board for a fiscal year; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law, with certain exceptions, requires certain regulatory boards of this State which: (1) receive less than $50,000 in revenue during a fiscal year to prepare a balance sheet for that fiscal year; or (2) receive $50,000 or more in revenue during any fiscal year to hire a public accountant or accounting firm to conduct an audit of the board’s fiscal records for that fiscal year. Upon completion of the balance sheet or audit, existing law requires the board to file the balance sheet or a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year. (NRS 218G.400)

      This bill increases from $50,000 to $75,000 the amount of revenue received in any fiscal year for the purpose of determining whether a board is required to prepare a balance sheet or hire a public accountant or accounting firm to conduct the audit and subsequently file a report of the audit with the Legislative Auditor and the Chief of the Budget Division. This bill also provides that a board which: (1) receives less than $75,000 in revenue; (2) is required to submit certain quarterly reports to the Director of the Legislative Counsel Bureau; and (3) fails to submit those reports, must hire a public accountant or accounting firm to conduct an audit of the board’s fiscal records rather than preparing a balance sheet.

 

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 218G.400 is hereby amended to read as follows:

      218G.400  1.  Except as otherwise provided in subsection 2, each board created by the provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 654 and 656 of NRS shall:

      (a) If the revenue of the board from all sources is less than [$50,000] $75,000 for any fiscal year [,] and, if the board is a regulatory body pursuant to NRS 622.060, the board has submitted to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year.

 


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ê2013 Statutes of Nevada, Page 74 (Chapter 27, AB 179)ê

 

end of that fiscal year. The Legislative Auditor shall prepare and make available a form that must be used by a board to prepare such a balance sheet.

      (b) If the revenue of the board from all sources is [$50,000] $75,000 or more for any fiscal year, or if the board is a regulatory body pursuant to NRS 622.060 and has failed to submit to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for that fiscal year and file a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of that fiscal year.

      2.  In lieu of preparing a balance sheet or having an audit conducted for a single fiscal year, a board may engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for a period covering two successive fiscal years. If such an audit is conducted, the board shall file the report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Department of Administration on or before December 1 following the end of the second fiscal year.

      3.  The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards, and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.

      4.  Whether or not a board is required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor shall audit the fiscal records of any such board whenever directed to do so by the Legislative Commission. When the Legislative Commission directs such an audit, the Legislative Commission shall also determine who is to pay the cost of the audit.

      5.  A person who is a state officer or employee of a board is guilty of nonfeasance if the person:

      (a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible for preparing or maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and

      (b) Knowingly fails to prepare the balance sheet or have the audit conducted pursuant to this section or knowingly fails to prepare or maintain the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section.

      6.  In addition to any other remedy or penalty, a person who is guilty of nonfeasance pursuant to this section forfeits the person’s state office or employment and may not be appointed to a state office or position of state employment for a period of 2 years following the forfeiture. The provisions of this subsection do not apply to a state officer who may be removed from office only by impeachment pursuant to Article 7 of the Nevada Constitution.

      Sec. 2.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 75ê

 

CHAPTER 28, AB 356

Assembly Bill No. 356–Assemblymen Livermore, Hickey; Ellison, Grady, Hansen, Hardy, Healey, Oscarson, Swank and Woodbury

 

CHAPTER 28

 

[Approved: May 21, 2013]

 

AN ACT relating to the Nevada State Prison; encouraging the development of recommendations to preserve the Nevada State Prison for use as a historical, educational and scientific resource for the State of Nevada; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill encourages the development of recommendations for the preservation of the Nevada State Prison for use as a historical, educational and scientific resource for the State of Nevada.

 

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

 

      Whereas, The Nevada State Prison located on East Fifth Street in Carson City was originally built in 1860 by pioneer Abraham Curry as the Warm Springs Hotel; and

      Whereas, The landmark prison was established in 1862 by the Nevada Territorial Legislature and administered by Abraham Curry at the site of the Warm Springs Hotel, and thus represents the first executive agency created in the State of Nevada; and

      Whereas, The sandstone quarry on the site contributed to the construction of state, city and private buildings during the early history of the State of Nevada and Carson City, including the Capitol Building, the United States Mint, the Virginia and Truckee Railroad engine house and many other public and private buildings; and

      Whereas, The lands and grounds of the prison are known to contain unique specimens of extinct species and the legend of Homo Nevadensis; and

      Whereas, The first lethal gas execution chamber in the world was designed and used at the prison and is currently active; and

      Whereas, The prison has a well-established and colorful history as a maximum security prison, replete with riots, escapes, gangs, executions, musicians, gambling and Hollywood filming, all of which provide intriguing historical value; and

      Whereas, The history of the manufacture of Nevada’s license plates is integral to the prison; and

      Whereas, The Nevada State Prison was decommissioned in May of 2012 and is likely to fall into a state of disrepair without continued maintenance and upkeep; and

      Whereas, Efforts are underway to establish the historic sections of the prison as a site listed on the National Register of Historic Places; now, therefore,

 

 

 

 


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ê2013 Statutes of Nevada, Page 76 (Chapter 28, AB 356)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Nevada Legislature hereby finds and declares:

      1.  That the Nevada State Prison is an integral part of the history of the State of Nevada, particularly with respect to Carson City and the early development of this State, and should be preserved as a historic place.

      2.  That Carson City, any nonprofit organization and any other interested stakeholder are encouraged to work cooperatively with the Department of Corrections, the Office of Historic Preservation of the State Department of Conservation and Natural Resources and the State Land Registrar to:

      (a) Develop recommendations for the preservation, development and use of the Nevada State Prison as a historical, educational and scientific resource for the State of Nevada; and

      (b) Present the recommendations to the Nevada Legislature along with any recommendations for legislation that may be necessary to fully implement the recommendations.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 29, AB 252

Assembly Bill No. 252–Assemblymen Hansen, Kirkpatrick, Hardy, Fiore, Hambrick; Paul Anderson, Benitez-Thompson, Duncan, Frierson, Grady, Hickey, Kirner, Livermore, Oscarson and Wheeler

 

Joint Sponsors: Senators Gustavson, Goicoechea; and Settelmeyer

 

CHAPTER 29

 

[Approved: May 21, 2013]

 

AN ACT relating to administrative regulations; revising provisions governing the posting of certain notices concerning regulations by agencies; requiring regulations to be adopted within a certain period; requiring certain information to be included on the informational statement submitted with an adopted regulation; making various other changes to the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Nevada Administrative Procedure Act is set forth in existing law to establish the procedures for agencies of the Executive Branch of the State Government to promulgate administrative regulations. (Chapter 233B of NRS) Section 1 of this bill requires an agency to submit a notice of any meeting or workshop relating to the adoption of a regulation to the Director of the Legislative Counsel Bureau at the same time that the agency posts notice of the meeting or workshop for posting on the Internet website maintained by the Legislative Counsel Bureau. Section 2 of this bill requires an agency to adopt a regulation within 2 years after submitting the regulation to the Legislative Counsel. If the regulation is not adopted within that time, section 2 requires that the executive head of the agency appear personally before the Legislative Commission to explain the reason for the failure. Section 3 of this bill revises the requirements for the informational statement which is submitted under existing law with the adopted regulation by requiring the agency to include an explanation of the need for the regulation.

 


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existing law with the adopted regulation by requiring the agency to include an explanation of the need for the regulation.

      Existing law provides that the Legislative Commission or the Subcommittee to Review Regulations may object to a regulation: (1) if it is determined that the regulation is not required by federal law if it is adopted for that purpose; (2) if the regulation does not conform to statutory authority; or (3) if the regulation does not carry out legislative intent. Section 4 of this bill further allows an objection to be made to a regulation if the agency did not provide a satisfactory explanation of the need for the regulation or if the informational statement is insufficient or incomplete. If an objection is raised, under existing law, the regulation is returned to the agency. (NRS 233B.067)

      Section 5 of this bill makes the provisions of this bill applicable retroactively to any regulation which has been proposed but not adopted before July 1, 2013, and to any regulation adopted on or after July 1, 2013.

 

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 233B of NRS is hereby amended by adding thereto a new section to read as follows:

      At the same time that an agency provides notice of any meeting or workshop relating to the adoption of a proposed regulation pursuant to this chapter or NRS 241.020, the agency shall submit an electronic copy of the notice to the Director of the Legislative Counsel Bureau. The Director shall cause the notice to be posted on the same day on the Internet website maintained by the Legislative Counsel Bureau.

      Sec. 2. NRS 233B.040 is hereby amended to read as follows:

      233B.040  1.  To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, the following regulations have the force of law and must be enforced by all peace officers:

      (a) The Nevada Administrative Code; and

      (b) Temporary and emergency regulations.

Ê In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority pursuant to which the function was assigned.

      2.  Every regulation adopted by an agency must include:

      (a) A citation of the authority pursuant to which it, or any part of it, was adopted; and

      (b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief explanation of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, if the agency is authorized by a specific statute to grant such relief, or otherwise dealing with the agency in connection with the regulation.

      3.  An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:

      (a) It files one copy of the publication with the Secretary of State and one copy with the State Library and Archives Administrator, and makes at least one copy available for public inspection with its regulations; and

      (b) The reference discloses the source and price for purchase of the publication.

 


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Ê An agency shall not attempt to incorporate any other material in a regulation by reference.

      4.  An agency shall adopt a proposed regulation not later than 2 years after the date on which the proposed regulation is submitted to the Legislative Counsel pursuant to subsection 1 of NRS 233B.063. If an agency does not adopt a proposed regulation within the time prescribed by this subsection, the executive head of the agency shall appear personally before the Legislative Commission and explain why the proposed regulation has not been adopted.

      Sec. 3. NRS 233B.066 is hereby amended to read as follows:

      233B.066  1.  Except as otherwise provided in subsection 2, each adopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 or filed with the Secretary of State pursuant to subsection 2 or 3 of NRS 233B.070 must be accompanied by a statement concerning the regulation which contains the following information:

      (a) A clear and concise explanation of the need for the adopted regulation.

      (b) A description of how public comment was solicited, a summary of the public response and an explanation of how other interested persons may obtain a copy of the summary.

      [(b)](c) The number of persons who:

             (1) Attended each hearing;

             (2) Testified at each hearing; and

             (3) Submitted to the agency written statements.

      [(c)](d) For each person identified in subparagraphs (2) and (3) of paragraph [(b),] (c), the following information if provided to the agency conducting the hearing:

             (1) Name;

             (2) Telephone number;

             (3) Business address;

             (4) Business telephone number;

             (5) Electronic mail address; and

             (6) Name of entity or organization represented.

      [(d)](e) A description of how comment was solicited from affected businesses, a summary of their response and an explanation of how other interested persons may obtain a copy of the summary.

      [(e)](f) If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adopting the regulation without change.

      [(f)](g) The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately, and in each case must include:

             (1) Both adverse and beneficial effects; and

             (2) Both immediate and long-term effects.

      [(g)](h) The estimated cost to the agency for enforcement of the proposed regulation.

      [(h)](i) A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the name of the regulating federal agency.

 


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      [(i)](j) If the regulation includes provisions which are more stringent than a federal regulation which regulates the same activity, a summary of such provisions.

      [(j)](k) If the regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.

      2.  The requirements of paragraphs [(a)] (b) to [(e),] (f), inclusive, of subsection 1 do not apply to emergency regulations.

      Sec. 4. NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether to approve the regulation . [conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority.] The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

      2.  If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

      (a) The agency is required to adopt pursuant to a federal statute or regulation; and

      (b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,

Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  Except as otherwise provided in subsection 4, the Legislative Commission shall:

      (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting; or

      (b) Refer the regulation for review to the Subcommittee to Review Regulations appointed pursuant to subsection 6.

      4.  If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the Subcommittee to Review Regulations. The Subcommittee shall meet to review the regulation as soon as practicable.

      5.  If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred, approves the regulation, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing. If the Commission or Subcommittee objects to the regulation after determining that:

      (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

      (b) The regulation does not conform to statutory authority; [or]

      (c) The regulation does not carry out legislative intent [,] ; or

 


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      (d) The agency has not provided a satisfactory explanation of the need for the regulation in its informational statement as required pursuant to NRS 233B.066, or the informational statement is insufficient or incomplete,

Ê the Legislative Counsel shall attach to the regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the regulation to the agency.

      6.  As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a Subcommittee to Review Regulations consisting of at least three members or alternate members of the Legislative Commission.

      Sec. 5.  The provisions of this act apply to:

      1.  Any proposed regulation of an agency which was submitted to the Legislative Counsel pursuant to subsection 1 of NRS 233B.063 before, on or after July 1, 2013, and which has not been adopted as of July 1, 2013; and

      2.  Any regulation adopted on or after July 1, 2013.

      Sec. 6.  This act becomes effective on July 1, 2013.

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CHAPTER 30, AB 350

Assembly Bill No. 350–Assemblywomen Benitez-Thompson and Kirkpatrick

 

CHAPTER 30

 

[Approved: May 21, 2013]

 

AN ACT relating to governmental administration; imposing requirements on legislation which requires the submission of a report to the Legislature; requiring the Legislative Commission to review certain requirements to submit reports to determine the need to repeal, revise or continue those requirements; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires that any provision of state legislation which adds or revises a requirement to submit a report to the Legislature must: (1) expire by limitation 5 years after the effective date of the provision; or (2) be accompanied by a statement justifying the continued need for the requirement. Section 1 further requires the Legislative Commission to review the requirements in state legislation to submit such reports that are more than 4 years old to determine whether the requirements should be repealed, revised or continued.

      Section 2 of this bill requires the Legislative Commission to: (1) review the requirements in state legislation for submitting a report to the Legislature that were enacted during the 2007, 2009 and 2011 Legislative Sessions to determine whether the requirements should be repealed, revised or continued; and (2) prepare a report of its findings and recommendations regarding the requirements and transmit the report to the Legislature.

 


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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:

 

      Section 1. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any provision of state legislation enacted on or after July 1, 2013, which adds or revises a requirement to submit a report to the Legislature must:

      (a) Expire by limitation 5 years after the effective date of the addition or revision of the requirement; or

      (b) Contain a statement by the Legislature setting forth the justifications for continuing the requirement for more than 5 years. The statement must include, without limitation:

             (1) If the requirement is being revised, the date the requirement was enacted;

             (2) If the requirement concerns a report regarding the implementation or monitoring of a new program, an analysis of the continued usefulness of such a report after 5 years; and

             (3) An identification and analysis of any costs or benefits associated with or expected to be associated with the report.

      2.  The Legislative Commission shall review the requirements in state legislation for submitting a report to the Legislature which have been in existence for 4 years or more to determine whether the requirements should be repealed, revised or continued. In making its determination pursuant to this subsection, the Legislative Commission shall:

      (a) Identify and analyze any costs or benefits associated with the report;

      (b) Consider the ability of the Legislature to obtain the information provided in the report from another source; and

      (c) Consider any other criteria determined by the Legislative Commission to be appropriate.

      3.  The Legislative Commission may, based upon its review of the requirements pursuant to subsection 2, make recommendations to the Legislature regarding whether the requirements in state legislation for submitting those reports should be repealed, revised or continued.

      Sec. 2.  1.  The Legislative Commission shall review the requirements in state legislation for submitting a report to the Legislature that were enacted during the 2007, 2009 and 2011 Legislative Sessions to determine whether the requirements should be repealed, revised or continued. In making its determination, the Legislative Commission shall use the criteria set forth in subsection 2 of section 1 of this act.

      2.  On or before January 15, 2015, based on its review of the requirements pursuant to subsection 1, the Legislative Commission shall:

      (a) Prepare a written report of the:

             (1) Findings regarding whether the costs of the reports exceed the benefits of the reports; and

             (2) Recommendations regarding whether the requirements in state legislation for submitting those reports should be repealed, revised or continued; and

      (b) Transmit the report to the Legislature.

      Sec. 3.  This act becomes effective on July 1, 2013.

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CHAPTER 31, SB 12

Senate Bill No. 12–Committee on Transportation

 

CHAPTER 31

 

[Approved: May 21, 2013]

 

AN ACT relating to motor carriers; requiring certain motor carriers and applicants to operate as motor carriers to submit to the Nevada Transportation Authority a complete set of fingerprints and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes any agency of the State: (1) to request from a person who has applied for a license which the agency has the power to grant or deny a complete set of his or her fingerprints; and (2) to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. (NRS 239B.010) This bill specifically requires certain motor carriers and applicants to operate as motor carriers to submit to the Nevada Transportation Authority a complete set of fingerprints and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

 

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 706.391 is hereby amended to read as follows:

      706.391  1.  Upon the filing of an application for a certificate of public convenience and necessity to operate as a common motor carrier, other than an operator of a tow car, or an application for modification of such a certificate, the Authority shall fix a time and place for a hearing on the application.

      2.  Except as otherwise provided in subsection 6, the Authority shall grant the certificate or modification if it finds that:

      (a) The applicant is financially and operationally fit, willing and able to perform the services of a common motor carrier and that the operation of, and the provision of such services by, the applicant as a common motor carrier will foster sound economic conditions within the applicable industry;

      (b) The proposed operation or the proposed modification will be consistent with the legislative policies set forth in NRS 706.151;

      (c) The granting of the certificate or modification will not unreasonably and adversely affect other carriers operating in the territory for which the certificate or modification is sought;

      (d) The proposed operation or the proposed modification will benefit and protect the safety and convenience of the traveling and shipping public and the motor carrier business in this State;

      (e) The proposed operation, or service under the proposed modification, will be provided on a continuous basis;

 


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      (f) The market identified by the applicant as the market which the applicant intends to serve will support the proposed operation or proposed modification; and

      (g) The applicant has paid all fees and costs related to the application.

      3.  The Authority shall not find that the potential creation of competition in a territory which may be caused by the granting of the certificate or modification, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

      4.  In determining whether the applicant is fit to perform the services of a common motor carrier pursuant to paragraph (a) of subsection 2, the Authority shall consider whether the applicant has violated any provision of this chapter or any regulations adopted pursuant thereto.

      5.  The applicant for the certificate or modification:

      (a) Must submit a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (b) Has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 2; and

      [(b)](c) Must pay the amounts billed to the applicant by the Authority for the costs incurred by the Authority in conducting any investigation regarding the applicant and the application.

      6.  The provisions of subsections 2 to 5, inclusive, do not apply to an owner or operator of a charter bus. The Authority shall grant the certificate or modification to an owner or operator of a charter bus that is not a fully regulated carrier if the Authority finds that the owner or operator of the charter bus has complied with the provisions of subsection 1 of NRS 706.463 and any applicable regulations of the Authority.

      7.  The Authority may issue or modify a certificate of public convenience and necessity to operate as a common motor carrier, or issue or modify it for:

      (a) The exercise of the privilege sought.

      (b) The partial exercise of the privilege sought.

      8.  The Authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

      9.  The Authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate or modification.

      Sec. 2. NRS 706.426 is hereby amended to read as follows:

      706.426  An application for a permit for a new operation as a contract motor carrier [shall be:] must:

      1.  [Made] Be made to the Authority in writing.

      2.  [In] Be in such form and be accompanied by such information as the Authority may require.

      3.  Include a complete set of the fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

 


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Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      Sec. 3. NRS 706.4463 is hereby amended to read as follows:

      706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the provisions of NRS 706.011 to 706.791, inclusive.

      2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must [file] :

      (a) File an application with the Authority [.] ; and

      (b) Submit to the Authority a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

      (b) Complies with the requirements of the regulations adopted by the Authority pursuant to the provisions of this chapter;

      (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the applicant has filed with the Authority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

      4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

      5.  The Authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

      (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

      Sec. 4. NRS 706.4464 is hereby amended to read as follows:

      706.4464  1.  An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the Authority by the transferor and the transferee, and the Authority has authorized the substitution of the transferee for the transferor.

 


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and the transferee, and the Authority has authorized the substitution of the transferee for the transferor. The application must include a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the transferee and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the Authority is valid without the prior approval of the Authority if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.

      2.  The Authority shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:

      (a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and the regulations adopted by the Authority pursuant to those provisions;

      (b) Uses equipment that is in compliance with the regulations adopted by the Authority;

      (c) Has provided evidence that the transferee has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the transferee has filed with the Authority schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.

      3.  The Authority may hold a hearing concerning an application submitted pursuant to this section only if:

      (a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.

      4.  The Authority shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.

      5.  The approval by the Authority of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.

      Sec. 5. NRS 706.463 is hereby amended to read as follows:

      706.463  Each owner or operator of a charter bus which is not a fully regulated carrier shall:

      1.  Comply with the provisions of this chapter and any regulations adopted by the Authority pursuant to this chapter relating to safety;

 


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      2.  Submit evidence satisfactory to the Authority that the owner or operator has obtained a liability insurance policy, certificate of insurance, bond of a surety company or other surety in the time, amount and form required by the Authority for a common motor carrier of passengers pursuant to NRS 706.291; [and]

      3.  Submit a complete set of the fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the owner or operator and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      4.  Not later than 5 days before beginning operation in this State, submit to the Authority a copy of its schedule or tariff setting forth the rates established by the owner or operator. If the owner or operator intends to make any changes to its schedule or tariff, the owner or operator shall submit an updated copy of the schedule or tariff to the Authority not later than 5 days before the date on which those changes are to become effective. Notwithstanding any provision of this chapter to the contrary, schedules and tariffs submitted by the owner or operator to the Authority pursuant to this section, and the rates set forth in those schedules and tariffs, are not subject to hearing or approval by the Authority.

      Sec. 6. NRS 706.6411 is hereby amended to read as follows:

      706.6411  1.  All motor carriers, other than operators of tow cars, regulated pursuant to NRS 706.011 to 706.791, inclusive, to whom the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued may transfer them to another carrier, other than an operator of a tow car, qualified pursuant to NRS 706.011 to 706.791, inclusive, but no such transfer is valid for any purpose until a joint application to make the transfer has been made to the Authority by the transferor and the transferee, and the Authority has authorized the substitution of the transferee for the transferor. The application must include a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the transferee and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. No transfer of stock of a corporate motor carrier subject to the jurisdiction of the Authority is valid without the prior approval of the Authority if the effect of the transfer would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.

      2.  Except as otherwise provided in subsection 3, the Authority shall fix a time and place for a hearing to be held unless the application is made to transfer the certificate from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners, and may hold a hearing to consider such an application.

      3.  The Authority may also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.

      4.  In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract motor carrier should be authorized, the Authority shall consider:

 


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      (a) The service which has been performed by the transferor and that which may be performed by the transferee.

      (b) Other authorized facilities for transportation in the territory for which the transfer is sought.

      (c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract motor carrier by vehicle and whether or not the proposed operation would be consistent with the legislative policy set forth in NRS 706.151.

      5.  Upon a transfer made pursuant to this section, the Authority may make such amendments, restrictions or modifications in a certificate or permit as the public interest may require.

      6.  No transfer is valid beyond the life of the certificate, permit or license transferred.

      Sec. 7. (Deleted by amendment.)

________

CHAPTER 32, SB 13

Senate Bill No. 13–Committee on Transportation

 

CHAPTER 32

 

[Approved: May 21, 2013]

 

AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to suspend the registration of a motor vehicle of a person whose payment to the Department for registration is dishonored; providing for the reinstatement of the registration upon payment of certain fees; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Motor Vehicles is required to cancel the registration of a motor vehicle if the registration and license plates were issued erroneously or improperly or obtained illegally. (NRS 482.465) Existing law also requires a person to pay fees and penalties if the person does not pay the governmental services tax for a vehicle for the next period of registration before the expiration of the current period of registration, or if the person operates a vehicle upon the highways of this State without having paid the registration fee. (NRS 371.140, 482.515) Existing law also authorizes the Department to waive any applicable delinquent fees and penalties if the Department determines that the dishonored payment: (1) was caused by circumstances beyond the registered owner’s control; (2) occurred despite the registered owner’s exercise of ordinary care; and (3) was not a result of the registered owner’s willful neglect. (NRS 482.188) Section 1 of this bill authorizes the Department to suspend the registration of a motor vehicle if the check or other method of payment for the registration fee is returned to the Department or otherwise dishonored. If the Department suspends the registration of a motor vehicle of a person, the person is required to immediately return to the Department the certificate of registration and the license plates of the motor vehicle. The Department must provide notice of the suspension by mail to the registered owner of the motor vehicle which must include information concerning the reinstatement of the registration. The registration must be reinstated and the license plates returned to the registered owner upon payment of the applicable registration and license plate fees, governmental services tax, and any delinquent fees or penalties and other outstanding debts owed to the Department.

 


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ê2013 Statutes of Nevada, Page 88 (Chapter 32, SB 13)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:

      1.  The Department may suspend the registration of a motor vehicle and require the return to the Department of the certificate of registration and the license plates of the motor vehicle if a check, draft, electronic transfer of money or other method of payment provided to the Department to register the motor vehicle is returned to the Department or otherwise dishonored by the financial institution on which the check, draft or electronic transfer of money is drawn.

      2.  If the registration of a motor vehicle of a person is suspended pursuant to this section, the person shall immediately return the certificate of registration and license plates to the Department.

      3.  The period of suspension of the registration of a motor vehicle that is suspended pursuant to this section begins on the effective date of the suspension as set forth in the notice thereof.

      4.  The Department shall mail to the registered owner of the motor vehicle a notice of the suspension. The notice must include:

      (a) The effective date of the suspension;

      (b) The reason for the suspension;

      (c) The requirement for the return of the certificate of registration and the license plates of the motor vehicle;

      (d) The method by which the registration may be reinstated; and

      (e) Any other information the Department deems necessary.

      5.  Except as otherwise provided in NRS 353C.125, the Department shall reinstate the registration of a motor vehicle and issue license plates to the registered owner of the motor vehicle only upon the payment of:

      (a) Any registration and other fees or penalties required pursuant to this chapter;

      (b) Any governmental services tax required pursuant to chapter 371 of NRS; and

      (c) Any fees and penalties required pursuant to NRS 41.620, 371.140 or 481.079. 

      Sec. 2. NRS 482.480 is hereby amended to read as follows:

      482.480  There must be paid to the Department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

      2.  Except as otherwise provided in subsection 3:

      (a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

      (b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.

      (c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.

 


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ê2013 Statutes of Nevada, Page 89 (Chapter 32, SB 13)ê

 

      3.  The fees specified in subsection 2 do not apply:

      (a) Unless the person registering the cars presents to the Department at the time of registration the registrations of all the cars registered to the person.

      (b) To cars that are part of a fleet.

      4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the State Highway Fund for credit to the Account for the Program for the Education of Motorcycle Riders.

      5.  For each transfer of registration, a fee of $6 in addition to any other fees.

      6.  Except as otherwise provided in subsection 7 of NRS 485.317, to reinstate the registration of a motor vehicle that is suspended pursuant to that section:

      (a) A fee as specified in NRS 482.557 for a registered owner who failed to have insurance on the date specified by the Department, which fee is in addition to any fine or penalty imposed pursuant to NRS 482.557; or

      (b) A fee of $50 for a registered owner of a dormant vehicle who cancelled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first cancelling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

Ê both of which must be deposited in the Account for Verification of Insurance which is hereby created in the State Highway Fund. The money in the Account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

      7.  For every travel trailer, a fee for registration of $27.

      8.  For every permit for the operation of a golf cart, an annual fee of $10.

      9.  For every low-speed vehicle, as that term is defined in NRS 484B.637, a fee for registration of $33.

      10.  To reinstate the registration of a motor vehicle that is suspended pursuant to NRS 482.451 [,] or section 1 of this act, a fee of $33.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 90ê

 

CHAPTER 33, SB 14

Senate Bill No. 14–Committee on Transportation

 

CHAPTER 33

 

[Approved: May 21, 2013]

 

AN ACT relating to transportation; authorizing the Director of the Department of Transportation to reduce the maximum weight limits on any highway under the jurisdiction of the Department for a specified period under certain circumstances; requiring the Director to provide an informational report to the Board of Directors of the Department if the Director reduces the maximum weight limits on those highways; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Transportation to restrict the use of, or close, a highway under certain circumstances, including when the Director considers the closing or restriction of use necessary for the protection of the public. (NRS 408.210) Existing law also requires the Department to consider certain factors and receive approval from the Board of Directors of the Department before reducing the maximum weight limits for vehicles on a highway under its jurisdiction. (NRS 484D.655) This bill: (1) authorizes the Director to reduce the maximum weight limits for vehicles on a highway under the jurisdiction of the Department, including a bridge located on the highway, without regard to the considerations and approval required under existing law if the Director considers that restriction of use necessary for the protection of the public; (2) limits a reduction in the maximum weight limits on such a highway to a period of not more than 180 days; and (3) requires the Director to provide, within a specified period, an informational report to the Board of Directors that describes a reduction made to the maximum weight limits on such a highway.

 

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 484D.655 is hereby amended to read as follows:

      484D.655  1.  The Director of the Department of Transportation:

      (a) May, pursuant to paragraph (a) of subsection 1 of NRS 408.210, reduce the maximum weight limits as prescribed in NRS 484D.635, 484D.640 and 484D.645 on a highway under the jurisdiction of the Department of Transportation, including, without limitation, a bridge located on the highway, for a period of not more than 180 days.

      (b) Shall provide an informational report to the Board of Directors of the Department of Transportation that describes any reduction to the maximum weight limits made pursuant to paragraph (a) within 60 days after the Director of the Department of Transportation makes the reduction.

      2.  Except as otherwise provided in subsection 1 and NRS 484D.660, before the Department of Transportation reduces the maximum weight limits as prescribed in NRS 484D.635, 484D.640 and 484D.645 on a highway or a portion of a highway under its jurisdiction, the Department of Transportation shall:

 


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ê2013 Statutes of Nevada, Page 91 (Chapter 33, SB 14)ê

 

      [1.] (a) Consider:

      [(a)] (1) The average number of vehicles traveling on the highway each day;

      [(b)] (2) The number of vehicles that have a declared gross weight in excess of 26,000 pounds that are included in the average number pursuant to [paragraph (a);

      (c)] subparagraph (1):

             (3) The availability of alternate routes to the highway;

      [(d)] (4) The impact on each alternate route of increased traffic consisting of vehicles that have a declared gross weight in excess of 26,000 pounds;

      [(e)] (5) The number of traffic accidents involving a vehicle that has a declared gross weight in excess of 26,000 pounds on the highway in the past 5 years;

      [(f)] (6) Any projected adverse economic or environmental impact resulting from reducing the maximum weight limits on the highway; and

      [(g)] (7) Any other factors the Department of Transportation deems appropriate; and

      [2.] (b) Present such considerations to the Board of Directors of the Department of Transportation to receive the Board’s approval to reduce the maximum weight limits pursuant to this section.

      Sec. 2. NRS 408.210 is hereby amended to read as follows:

      408.210  1.  [The] Except as otherwise provided in NRS 484D.655, the Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:

      (a) For the protection of the public.

      (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

      (c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Office of Economic Development or the Director of the Department of Tourism and Cultural Affairs.

      2.  The Director of the Department of Transportation may:

      (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

      (b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

      3.  The Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owner’s agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice.

 


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ê2013 Statutes of Nevada, Page 92 (Chapter 33, SB 14)ê

 

the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the encroachment remains beyond 5 days after the service of the notice and demand.

      4.  If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owner’s agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owner’s agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owner’s agent agree upon such a time, the Director shall not himself or herself remove the encroachment unless the owner or the owner’s agent has failed to do so within the time agreed. If the Director and the owner or the owner’s agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owner’s agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 34, SB 19

Senate Bill No. 19–Committee on Transportation

 

CHAPTER 34

 

[Approved: May 21, 2013]

 

AN ACT relating to driving under the influence; revising provisions concerning violations of local ordinances prohibiting driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of each city to enact an ordinance adopting the penalties set forth in state law for a misdemeanor offense of driving under the influence of intoxicating liquor or a controlled substance. (NRS 484A.410) This bill specifically authorizes the governing body of each county to adopt such an ordinance. This bill also provides that a person convicted of a violation of a city or county ordinance prohibiting driving under the influence is subject to the same legal consequences as a person convicted of a violation of the state law prohibiting the same or similar conduct, including, without limitation, consequences related to the revocation of the driver’s license of a person convicted of driving under the influence. (NRS 483.460)

 


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ê2013 Statutes of Nevada, Page 93 (Chapter 34, SB 19)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 484A.410 is hereby amended to read as follows:

      484A.410  1.  The governing body of each city or county may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 484C.400 for similar offenses under city or county ordinance.

      2.  A person convicted of a violation of an ordinance enacted by the governing body of a city or county that prohibits the same or similar conduct as set forth in NRS 484C.110 or 484C.120 is subject to each provision of law that applies to a person convicted of a violation of NRS 484C.110 or 484C.120, including, without limitation, the revocation of the license, permit or privilege to drive of the person pursuant to NRS 483.460.

      Sec. 2.  The amendatory provisions of this act apply to a person convicted of a violation before, on or after July 1, 2013.

      Sec. 3. This act becomes effective on July 1, 2013.

________

CHAPTER 35, SB 29

Senate Bill No. 29–Committee on Commerce, Labor and Energy

 

CHAPTER 35

 

[Approved: May 21, 2013]

 

AN ACT relating to manufactured homes; revising the provisions relating to the waiver of eligibility requirements for financial assistance from the Fund for Low-Income Owners of Manufactured Homes under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth the eligibility requirements for assistance from the Fund for Low-Income Owners of Manufactured Homes and authorizes the Administrator of the Manufactured Housing Division of the Department of Business and Industry to waive those requirements if the circumstances of an applicant for assistance have changed as the result of certain factors. (NRS 118B.215) This bill provides that the Administrator may waive the eligibility requirements if the applicant demonstrates to the satisfaction of the Administrator that the circumstances of the applicant warrant such a waiver.

 

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 118B.215 is hereby amended to read as follows:

      118B.215  1.  There is hereby created as a special revenue fund in the State Treasury the Fund for Low-Income Owners of Manufactured Homes, to be administered by the Division. All money received for the use of the Fund pursuant to NRS 118B.213 or from any other source must be deposited in the Fund.

 


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ê2013 Statutes of Nevada, Page 94 (Chapter 35, SB 29)ê

 

      2.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      3.  The money in the Fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the manufactured home lot on which their manufactured home is located. Except as otherwise provided in subsection 5, to be eligible for assistance from the Fund a person must:

      (a) Except as otherwise provided in this subsection, have been a tenant in the same manufactured home park in this State for at least 1 year immediately preceding his or her application for assistance;

      (b) Be the registered owner of the manufactured home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the Division pursuant to NRS 489.541;

      (c) Have a monthly household income, as determined by the Administrator in accordance with subsection 4, which is at or below:

             (1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the manufactured home; or

             (2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the manufactured home;

      (d) Be a tenant in a manufactured home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and

      (e) Not have assets whose value is more than $12,000, excluding the value of:

             (1) The manufactured home which is subject to the tenancy;

             (2) The contents of that manufactured home; and

             (3) One motor vehicle.

Ê A person who has been a tenant of a manufactured home park in this State for at least 1 year, but has not been a tenant of the manufactured home park in which the tenant resides at the time the tenant applies for assistance for at least 1 year, is eligible for assistance from the Fund if the tenant moved to the manufactured home park in which the tenant resides at the time of his or her application because the tenant was unable to pay the rent at the manufactured home park from which the tenant moved or because that park was closed.

      4.  In determining the monthly household income of an applicant pursuant to subsection 3, the Administrator shall exclude from the calculation:

      (a) The value of any food stamps the applicant received pursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the year immediately preceding his or her application for assistance; or

      (b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that coverage during the year immediately preceding his or her application for assistance,

Ê whichever is greater.

      5.  The Administrator may waive the requirements for eligibility set forth in subsection 3 upon the written request of an applicant if the [circumstances of the applicant have changed] applicant demonstrates to the satisfaction of the Administrator that the circumstances of the applicant warrant a waiver as a result of:

      (a) Illness;

      (b) Disability; or

 


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ê2013 Statutes of Nevada, Page 95 (Chapter 35, SB 29)ê

 

      (c) Extreme financial hardship based upon a significant reduction of income, when considering the applicant’s current financial circumstances.

Ê An applicant shall include with his or her request for a waiver all medical and financial documents that support his or her request.

      6.  The Administrator shall adopt regulations establishing:

      (a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the Division with a written acknowledgment of his or her continued eligibility for assistance.

      (b) The maximum amount of assistance which may be distributed to a person to supplement his or her monthly rent pursuant to this section.

      7.  As used in this section:

      (a) “Manufactured home” includes a travel trailer that is located on a manufactured home lot within a manufactured home park.

      (b) “Monthly household income” means the combined monthly incomes of the occupants of a manufactured home which is subject to the tenancy for which assistance from the Fund is requested.

      (c) “Travel trailer” has the meaning ascribed to it in NRS 489.150.

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

________

CHAPTER 36, SB 35

Senate Bill No. 35–Committee on Commerce, Labor and Energy

 

CHAPTER 36

 

[Approved: May 21, 2013]

 

AN ACT relating to employment; eliminating obsolete references to certain administrative subdivisions within the Employment Security Division of the Department of Employment, Training and Rehabilitation; requiring the Administrator of the Division to charge certain fees to employers under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law includes various references describing the Unemployment Compensation Service and the State Employment Service as administrative subdivisions within the Employment Security Division of the Department of Employment, Training and Rehabilitation. (NRS 612.210, 612.215, 612.260, 612.265, 612.330, 612.392, 612.630, 612.645) Sections 1-7 and 9 of this bill eliminate those references because they no longer accurately describe the administrative organization of the Division and are therefore obsolete.

      Existing law authorizes the Division to bring civil actions to collect amounts owed to the Division. (NRS 612.625-612.640) Existing law also provides that no costs or filing fees may be charged to the State in any such action, but does not specifically provide that no fees for recording, copying or certifying documents may be charged to the State. (NRS 612.645) Section 7 of this bill requires the Administrator of the Division to charge to the employer against whom such an action is brought an additional fee to defray the cost for recording, copying or certifying documents in such actions. Section 7 also provides that the additional fee must be charged to the employer in accordance with the fees otherwise charged by county recorders for such services and that the additional fee must be paid into the Unemployment Compensation Administration Fund.

 


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ê2013 Statutes of Nevada, Page 96 (Chapter 36, SB 35)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 612.215 is hereby amended to read as follows:

      612.215  1.  The Division is administered by a full-time salaried Administrator, who is appointed by the Director of the Department of Employment, Training and Rehabilitation and who serves at the pleasure of the Director.

      2.  The Administrator:

      (a) Is in the unclassified service of the State.

      (b) Has full administrative authority with respect to the operation and functions of the [Unemployment Compensation Service and the State Employment Service.] Division.

      (c) Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 2. NRS 612.260 is hereby amended to read as follows:

      612.260  1.  Each employing unit shall keep true and accurate work records, containing such information as the Administrator may prescribe. Such records must be open to inspection and may be copied by the Administrator or the Administrator’s authorized representatives or the Department of Taxation at any reasonable time and as often as may be necessary.

      2.  The Administrator, the Board of Review, or any Appeal Tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which the Administrator or the Board of Review deems necessary for the effective administration of this chapter.

      3.  Except as limited by this subsection, the Administrator may:

      (a) Destroy any letter of the [Unemployment Compensation Service or Employment Service] Division and any form, benefit determination or redetermination, ruling, employer’s status or contribution report, wage slip report, claim record, wage list or any auxiliary computer file related thereto at the expiration of 4 years after the record was originated or filed with the [Service;] Division; or

      (b) Destroy such records at any time after having microfilmed them in the manner and on film or paper that complies with the minimum standards of quality approved for such microfilmed records by the American National Standards Institute. The microfilmed records must be retained for not less than 4 years.

Ê This subsection does not apply to records pertaining to grants, accounts or expenditures for administration, or to the records of the Unemployment Compensation Administration Fund.

      Sec. 3. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

 


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ê2013 Statutes of Nevada, Page 97 (Chapter 36, SB 35)ê

 

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of the [Employment Service] Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      5.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      6.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

 


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ê2013 Statutes of Nevada, Page 98 (Chapter 36, SB 35)ê

 

assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      8.  In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  A private carrier that provides industrial insurance in this State shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the preceding month and request that the Administrator compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      11.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

 


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subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 4. NRS 612.330 is hereby amended to read as follows:

      612.330  1.  The Administrator shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the Wagner-Peyser Act, being c. 49, 48 Stat. 113, approved June 6, 1933, as amended, and entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes,” and also designated as 29 U.S.C. §§ 49 et seq.

      2.  The provisions of the Wagner-Peyser Act, as amended, are hereby accepted by this State in conformity with 29 U.S.C. § 49c, and this State will observe and comply with the requirements thereof.

      3.  The Administrator shall cooperate with any official or agency of the United States having powers or duties under the provisions of the Wagner-Peyser Act, as amended, and shall do and perform all things necessary to secure to this State the benefits of the Wagner-Peyser Act, as amended, in the promotion and maintenance of a system of public employment offices. The Division is hereby designated and constituted the agency of this State for the purposes of the Wagner-Peyser Act, as amended.

      4.  All money received by this State under the Wagner-Peyser Act, as amended, must be paid into the Unemployment Compensation Administration Fund, and is hereby made available to the Administrator [for the Nevada State Employment Service,] to be expended as provided by this chapter and by the Wagner-Peyser Act, as amended.

      5.  For the purpose of establishing and maintaining free public employment offices, the Administrator is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this State, or with any private nonprofit organizations, and as a part of any such agreement the Administrator may accept money, services or quarters as a contribution to the Unemployment Compensation Administration Fund.

      Sec. 5. NRS 612.392 is hereby amended to read as follows:

      612.392  1.  Except as otherwise provided in subsection 4, a person is not eligible to receive extended benefits for any week of unemployment in the person’s eligibility period if the Administrator finds that during the period he or she failed to:

      (a) Accept an offer of suitable work or failed to apply for any suitable work to which he or she was referred by the Administrator;

      (b) Actively engage in a systematic and sustained effort to obtain work; or

      (c) Furnish tangible evidence that he or she had made such efforts.

      2.  Any person found ineligible for extended benefits pursuant to subsection 1 must also be denied benefits, beginning with the first day of the week after the week in which the person was found ineligible, until he or she has been subsequently employed for 4 weeks and has earned wages equal to not less than four times the weekly amount of the extended benefit.

 


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      3.  As used in this section, “suitable work” means any work which is within the person’s capabilities and for which the gross average weekly wage:

      (a) Exceeds the sum of:

             (1) The amount, if any, of supplemental unemployment benefits (as defined in 26 U.S.C. § 501) payable to the person for the week; and

             (2) The person’s weekly amount of extended benefits as determined pursuant to NRS 612.3776; and

      (b) Is not less than the higher of:

             (1) The minimum wage provided in 29 U.S.C. § 206, without regard to any exemption; or

             (2) Any applicable state minimum wage.

      4.  No person may be denied extended benefits for failure to apply for or accept suitable work if:

      (a) The position was not offered to the person in writing or was not listed with the [Employment Service;] Division;

      (b) The failure does not result in a denial of benefits pursuant to NRS 612.390 to the extent that the criteria for suitability in that section are not inconsistent with the provisions of this section; or

      (c) The person furnishes evidence satisfactory to the Administrator that the person’s prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If the evidence is deemed satisfactory, the determination of whether work is suitable for the person must be made pursuant to NRS 612.390.

      5.  The Administrator shall refer any person entitled to extended benefits to any available suitable work.

      Sec. 6. NRS 612.630 is hereby amended to read as follows:

      612.630  1.  In addition to or independently of the remedy by civil action provided in NRS 612.625, the Administrator, or the Administrator’s authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this chapter 15 days’ notice by registered or certified mail, addressed to the employer’s last known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his or her principal place of business, or if there is no such principal place of business, then in Carson City, a certificate, which need not be verified, but which must specify the amount of contribution, interest and forfeit due, the name and last known place of business of the employer liable for the same, and which must contain a statement that the [Unemployment Compensation Service] Division has complied with all the provisions of this chapter in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest and forfeit set forth in the certificate.

      2.  Within the 15-day period, the employer may pay the amount specified in such notice, under protest, to the Administrator, and thereupon has the right to initiate, within 60 days following such payment, and to maintain his or her action against the [Unemployment Compensation Service] Division for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid. Such an action by the employer must be commenced and maintained in the district court in the county wherein is located the principal place of business of the employer.

 


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ê2013 Statutes of Nevada, Page 101 (Chapter 36, SB 35)ê

 

of the employer. In the event of entry of judgment for the employer, the [Unemployment Compensation Service] Division shall promptly refund such sum without interest as may be determined by the court.

      3.  If no such payment under protest is made as provided in subsection 2, upon filing the certificate as provided in subsection 1, the clerk of the district court shall immediately enter a judgment in favor of the [Unemployment Compensation Service] Division and against the employer in the amount of the contributions, interest and forfeit set forth in the certificate.

      Sec. 7. NRS 612.645 is hereby amended to read as follows:

      612.645  1.  In all proceedings under NRS 612.625 to 612.640, inclusive, the [Unemployment Compensation Service] Division shall be authorized to act in its name on behalf of the State of Nevada.

      2.  No costs or filing fees shall be charged to the State of Nevada in any proceedings brought under any provision of NRS 612.625 to 612.640, inclusive, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the Supreme Court.

      3.  In any proceedings brought under any provision of NRS 612.625 to 612.640, inclusive, the Administrator shall charge to the employer against whom the proceeding is brought an additional fee to defray the cost for recording, copying or certifying documents, as applicable. Any such fee must be:

      (a) Charged to the employer in accordance with the fees set forth in NRS 247.305; and

      (b) Paid into the Unemployment Compensation Administration Fund.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 612.210 is hereby repealed.

      Sec. 10.  This act becomes effective upon passage and approval.

________

CHAPTER 37, SB 40

Senate Bill No. 40–Committee on Commerce, Labor and Energy

 

CHAPTER 37

 

[Approved: May 21, 2013]

 

AN ACT relating to medical laboratories; revising provisions governing the application for the licensing of a medical laboratory; revising the requirements to qualify for certification as an assistant in a medical laboratory; increasing the maximum amount of administrative penalties that may be imposed for violations of provisions governing medical laboratories; making various other changes relating to medical laboratories; requiring the State Board of Health to adopt certain regulations; and providing other matters properly relating thereto.

 

 


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ê2013 Statutes of Nevada, Page 102 (Chapter 37, SB 40)ê

 

Legislative Counsel’s Digest:

      Under existing law, an application for the licensing of a medical laboratory is required to be made under oath on a form prescribed by the Health Division of the Department of Health and Human Services and must contain certain other information. (NRS 652.090) Section 1 of this bill eliminates the requirement that applications for the licensing of a medical laboratory be made under oath and adds the requirement that these applications include the proof of identity of the laboratory director.

      Under existing law, to qualify for certification as an assistant in a medical laboratory, a person is required to be a high school graduate or have a general equivalency diploma and is required to either complete 6 months of approved training and demonstrate an ability to perform laboratory procedures or complete a course of instruction that qualifies him or her to take and pass an examination for certification in phlebotomy. (NRS 652.127) Section 3 of this bill instead requires that, to qualify for certification as an assistant in a medical laboratory, a person must meet the qualifications established by regulations adopted by the State Board of Health.

      Existing law authorizes certain licensed medical professionals to perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations. Sections 4 and 5 of this bill clarify that those licensed medical professionals may perform such waived tests without obtaining certification as an assistant in a medical laboratory.

      Under existing law, any person or laboratory violating any of the provisions governing medical laboratories is required to pay a fine ranging from $250 to $500 for each violation. (NRS 652.260) Section 6 of this bill authorizes the Health Division to impose an administrative penalty not to exceed $10,000 for each violation and provides criteria for determining the amount of the administrative penalty to be imposed for a violation. Section 6 also authorizes the Health Division to require any person or medical laboratory that violates the provisions governing medical laboratories to take any action necessary to correct the violation.

 

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 652.090 is hereby amended to read as follows:

      652.090  1.  An application for a license must be [made under oath] on a form prescribed by the Health Division and must contain the following information:

      [1.] (a) The name and location of the laboratory;

      [2.] (b) The name and proof of identity of the laboratory director;

      [3.] (c) The name of the owner or owners of the laboratory or, if a corporation, the names of the officers, directors and beneficial owners of 10 percent or more of its shares;

      [4.] (d) A description of the program and services provided by the laboratory; and

      [5.] (e) Such other information as the Health Division may deem necessary or expedient to carry out its powers and duties under this chapter.

      2.  The Board shall adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations setting forth the acceptable forms of proof of identity that a laboratory director must include in an application pursuant to paragraph (b) of subsection 1.

 


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ê2013 Statutes of Nevada, Page 103 (Chapter 37, SB 40)ê

 

      Sec. 2. NRS 652.123 is hereby amended to read as follows:

      652.123  Regulations adopted by the Board pursuant to this chapter may not be more stringent than the provisions of Part 493 of Title 42 of the Code of Federal Regulations, except that the Board may adopt regulations which are more stringent relating to:

      1.  Any laboratory test, other than a test for the detection of the human immunodeficiency virus, classified as a waived test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal Regulations; [and]

      2.  The qualifications and duties of the personnel of a medical laboratory [.] ; and

      3.  The administrative penalties that may be imposed for violating any of the provisions of this chapter or regulations adopted pursuant thereto.

      Sec. 3. NRS 652.127 is hereby amended to read as follows:

      652.127  1.  To qualify for certification as an assistant in a medical laboratory, a person must [be a high school graduate or have a general equivalency diploma and:

      1.  Must complete at least 6 months of training approved by the Board and demonstrate an ability to perform laboratory procedures in the medical laboratory where he or she receives the training; or

      2.  Must:

      (a) Complete a course of instruction that qualifies him or her to take an examination for certification in phlebotomy that is administered by:

             (1) The American Medical Technologists;

             (2) The American Society of Clinical Pathologists; or

             (3) The National Certification Agency; and

      (b) Pass an examination specified in paragraph (a).] meet the qualifications established by the Board by regulation.

      2.  The Board shall adopt such regulations as necessary to carry out the provisions of this section.

      Sec. 4. NRS 652.210 is hereby amended to read as follows:

      652.210  1.  Except as otherwise provided in subsection 2 and NRS 126.121, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a perfusionist, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a certified intermediate emergency medical technician, a certified advanced emergency medical technician, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens. The persons described in this subsection may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127.

      2.  The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

      Sec. 5. NRS 652.217 is hereby amended to read as follows:

      652.217  1.  A licensed nurse who is employed by a medical facility which is licensed pursuant to chapter 449 of NRS may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations if the laboratory director or a person designated by the laboratory director:

 


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ê2013 Statutes of Nevada, Page 104 (Chapter 37, SB 40)ê

 

      (a) Verifies that the nurse is competent to perform the test;

      (b) Ensures that the test is performed in accordance with any manufacturer’s instructions; and

      (c) Validates and verifies the manner in which the test is performed through the use of controls which ensure accurate and reliable results of the test.

      2.  A licensed nurse described in subsection 1 may perform any laboratory test which is classified a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127.

      3.  Licensed or certified personnel of a laboratory licensed pursuant to this chapter may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations on the premises of an outpatient center of the laboratory or at a patient’s residence if the laboratory director or a person designated by the laboratory director:

      (a) Verifies that the person is competent to perform the test;

      (b) Ensures that the test is performed in accordance with any manufacturer’s instructions;

      (c) Validates and verifies the manner in which the test is performed through the use of controls which ensure accurate and reliable results of the test; and

      (d) Ensures compliance with any requirements for safety adopted by the Board.

      Sec. 6. NRS 652.260 is hereby amended to read as follows:

      652.260  [Any]

      1.  If a person or laboratory [violating] violates any of the provisions of this chapter [shall be punished by a fine] or the regulations adopted pursuant thereto, the Health Division may, after giving notice and opportunity to be heard:

      (a) Impose an administrative penalty of not more than [$250 for the first offense and not more than $500 for any subsequent offense.] $10,000; and

      (b) Require the person or laboratory to take any action necessary to correct the violation.

      2.  Each act in violation of this chapter or the regulations adopted pursuant thereto constitutes a separate offense.

      3.  In determining the amount of an administrative penalty to be imposed pursuant to this section, the Health Division shall consider:

      (a) The severity of the violation, including, without limitation:

             (1) The probability that death or serious harm to the health or safety of a person may occur as a result of the violation;

             (2) The severity of the potential or actual harm that may occur to any person as a result of the violation; and

             (3) The extent to which the provisions of this chapter or the regulations adopted pursuant thereto were violated;

      (b) Whether the person or laboratory has previously violated the provisions of this chapter or the regulations adopted pursuant thereto; and

      (c) Any other facts or circumstances that the Health Division determines are relevant.

 


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ê2013 Statutes of Nevada, Page 105 (Chapter 37, SB 40)ê

 

      4.  If the person or laboratory fails to pay the administrative penalty imposed pursuant to this section after the time for an appeal has expired, the Health Division may:

      (a) Suspend the license of the person or laboratory;

      (b) Impose interest on the unpaid administrative penalty at a rate of 10 percent from the date on which the time for an appeal expired until the date the administrative penalty is paid; and

      (c) Collect court costs, reasonable attorney’s fees, the costs of an investigation and other costs incurred to collect the administrative penalty.

      5.  Except as otherwise provided in this section, all money collected from administrative penalties imposed pursuant to this section must be deposited in the State General Fund.

      6.  The money collected from such administrative penalties may be accounted for separately and used by the Health Division to administer and carry out the provisions of this chapter and to protect the health, safety and well-being of patients in accordance with applicable state and federal standards if:

      (a) The person or laboratory pays the administrative penalty without exercising the right to a hearing to contest the penalty; or

      (b) The administrative penalty is imposed in a hearing conducted by a hearing officer or panel appointed by the Health Division.

      7.  The Health Division may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Health Division to conduct hearings, determine violations and impose the administrative penalties authorized by this section.

      8.  If money collected from an administrative penalty is deposited in the State General Fund, the Health Division may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay court costs, attorney’s fees, the costs of an investigation or other costs incurred to collect the administrative penalty.

      9.  The Board may adopt regulations to carry out the provisions of this section.

      Sec. 7. NRS 484C.250 is hereby amended to read as follows:

      484C.250  1.  The results of any blood test administered under the provisions of NRS 484C.160 or 484C.180 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction [described in subsection 2 of NRS 652.127;] that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and

 


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ê2013 Statutes of Nevada, Page 106 (Chapter 37, SB 40)ê

 

take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.

      Sec. 8. NRS 488.500 is hereby amended to read as follows:

      488.500  1.  The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425 unless:

      (a) The blood tested was withdrawn by a person, other than an arresting officer, who:

             (1) Is a physician, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or

             (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction [described in subsection 2 of NRS 652.127;] that qualifies him or her to take an examination in phlebotomy that is administered by the American Medical Technologists or the American Society for Clinical Pathology; and

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.

      Sec. 9.  The amendatory provisions of section 3 of this act do not apply to a person who has obtained certification as an assistant in a medical laboratory before January 1, 2014.

      Sec. 10.  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 January 1, 2014, for all other purposes.

________

 


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ê2013 Statutes of Nevada, Page 107ê

 

CHAPTER 38, SB 45

Senate Bill No. 45–Committee on Judiciary

 

CHAPTER 38

 

[Approved: May 21, 2013]

 

AN ACT relating to records of criminal history; revising provisions governing the sealing of certain records of criminal history; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a person to petition the court in certain circumstances for the sealing of all records of criminal history relating to a conviction of a crime, the dismissal or acquittal of charges or the setting aside of a conviction of a crime. (NRS 179.245, 179.255) Sections 6 and 7 of this bill revise provisions governing the information that such a petition must include and generally expand the applicability of certain provisions relating to the sealing of such records to all agencies of criminal justice which maintain the records.

      Section 8 of this bill provides that each agency of criminal justice named in an order for the sealing of records must be provided a copy of the order. Section 10 of this bill revises the definition of “agency of criminal justice” by specifying that the term also includes a subunit of any governmental agency which performs a function in the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its budget to a function in the administration of criminal justice.

 

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 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in this section and NRS 179.245 to 179.301, inclusive, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Agency of criminal justice” has the meaning ascribed to it in NRS 179A.030.

      Sec. 4. “Disposition” has the meaning ascribed to it in NRS 179A.050.

      Sec. 5. “Record” has the meaning ascribed to “record of criminal history” in NRS 179A.070.

      Sec. 6. NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

 


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ê2013 Statutes of Nevada, Page 108 (Chapter 38, SB 45)ê

 

      (d) Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by the petitioner’s current, verified records [of the petitioner’s criminal history] received from:

             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) [The local law enforcement agency] All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;

      (b) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

      (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      [(c)](d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed [.] , including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific conviction to which the records to be sealed pertain; and

             (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of [the court, of another court in the State of Nevada] any agency of criminal justice or [of a] any public or private agency, company , [or] official or other custodian of records in the State of Nevada, and may also order all such [criminal identification] records of the petitioner returned to the file of the court where the proceeding was commenced from, including, [but not limited to,] without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information [, sheriffs’ offices] and all [other law enforcement] agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

 


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commenced from, including, [but not limited to,] without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information [, sheriffs’ offices] and all [other law enforcement] agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

            (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (13) Lewdness with a child pursuant to NRS 201.230.

             (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

             (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

 


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      Sec. 7. NRS 179.255 is hereby amended to read as follows:

      179.255  1.  If a person has been arrested for alleged criminal conduct and the charges are dismissed or such person is acquitted of the charges, the person may petition:

      (a) The court in which the charges were dismissed, at any time after the date the charges were dismissed; or

      (b) The court in which the acquittal was entered, at any time after the date of the acquittal,

Ê for the sealing of all records relating to the arrest and the proceedings leading to the dismissal or acquittal.

      2.  If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.

      3.  A petition filed pursuant to subsection 1 or 2 must:

      (a) Be accompanied by [a] the petitioner’s current, verified [record of the criminal history of the petitioner] records received from [the local law enforcement agency] :

             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) All agencies of criminal justice which maintain such records within the city or county in which the petitioner appeared in court;

      (b) Except as otherwise provided in paragraph (c), include the disposition of the proceedings for the records to be sealed;

      (c) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

      (d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal or acquittal and to whom the order to seal records, if issued, will be directed; and

      [(c)](e) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed [.] , including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific charges that were dismissed or of which the petitioner was acquitted; and

             (3) Date of arrest relating to the specific charges that were dismissed or of which the petitioner was acquitted.

      4.  Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the charges were dismissed or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the charges were dismissed or the acquittal was entered in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      5.  Upon receiving a petition pursuant to subsection 2, the court shall notify:

 


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      (a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      6.  If, after the hearing on a petition submitted pursuant to subsection 1, the court finds that there has been an acquittal or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal or dismissal which are in the custody of [the court, of another court in the State of Nevada] any agency of criminal justice or [of a] any public or private company, agency , [or] official or other custodian of records in the State of Nevada.

      7.  If, after the hearing on a petition submitted pursuant to subsection 2, the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of [the court, of another court in the State of Nevada] any agency of criminal justice or [of a] any public or private company, agency , [or] official or other custodian of records in the State of Nevada.

      Sec. 8. NRS 179.275 is hereby amended to read as follows:

      179.275  Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330, a copy of the order must be sent to:

      1.  The Central Repository for Nevada Records of Criminal History; and

      2.  Each agency of criminal justice and each public or private company, agency , [or] official or other custodian of records named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.

      Sec. 9. NRS 179.301 is hereby amended to read as follows:

      179.301  1.  The State Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records:

      (a) May form the basis for recommendation, denial or revocation of those licenses.

      (b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

      2.  A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:

      (a) The records relate to a violation or alleged violation of NRS 202.575; and

      (b) The person who is the subject of the records has been arrested or issued a citation for violating NRS 202.575.

 


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      3.  The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

      4.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his or her duties.

      5.  The State Board of Pardons Commissioners and its agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if the person who is the subject of the records has applied for a pardon from the Board.

      6.  As used in this section:

      (a) “Information relating to sexual offenses” means information contained in or concerning a record [of criminal history, or the records of criminal history of the United States or another state,] relating in any way to a sexual offense.

      (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.

      Sec. 10. NRS 179A.030 is hereby amended to read as follows:

      179A.030  “Agency of criminal justice” means:

      1.  Any court; and

      2.  Any governmental agency or subunit of any governmental agency which performs a function in the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its budget to a function in the administration of criminal justice.

      Sec. 11. (Deleted by amendment.)

      Sec. 12.  This act becomes effective on July 1, 2013.

________

CHAPTER 39, SB 47

Senate Bill No. 47–Committee on Commerce, Labor and Energy

 

CHAPTER 39

 

[Approved: May 21, 2013]

 

AN ACT relating to mortgage lending; defining certain terms and revising certain definitions relating to mortgage lending; revising provisions exempting certain nonprofit agencies and organizations from the licensing requirements of mortgage brokers and mortgage agents; revising provisions governing the renewal of a license as a mortgage agent; revising provisions prohibiting certain acts by mortgage brokers and mortgage agents; revising provisions exempting certain attorneys from the licensing requirements of foreclosure consultants and foreclosure purchasers; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 113 (Chapter 39, SB 47)ê

 

Legislative Counsel’s Digest:

      Existing law does not define the term “employee” with respect to a mortgage agent who is required to be employed by certain persons under certain circumstances. (Chapter 645B of NRS) Section 1 of this bill defines the term “employee” in the same manner that the term is defined under federal law in the context of mortgage lending. (12 C.F.R. § 1008 et seq.) Sections 3 and 4 of this bill revise the definitions of the terms “licensee” and “residential mortgage loan originator” for the purposes of the statutory provisions governing the licensing and regulation of mortgage brokers and mortgage agents. (NRS 645B.0123, 645B.01325)

      Existing law exempts certain nonprofit agencies and organizations from the statutory provisions governing mortgage brokers and mortgage agents. (NRS 645B.015) Section 5 of this bill requires such nonprofit agencies and organizations to maintain tax exempt status under section 501(c)(3) of the Internal Revenue Code of 1986.

      Existing law prohibits a mortgage agent from providing any services of a mortgage agent unless he or she meets certain criteria. (NRS 645B.400) Section 6 of this bill clarifies the employment, association and sponsorship requirements that a mortgage agent must satisfy under certain circumstances.

      Existing law establishes procedures for the renewal of a license as a mortgage agent. (NRS 645B.430) Section 7 of this bill clarifies the circumstances under which the Commissioner of Mortgage Lending may renew a license.

      Sections 8-10 of this bill revise existing law to provide that a mortgage agent must be under the control, in addition to the reasonable supervision, of mortgage brokers and mortgage bankers who employ the mortgage agent. (NRS 645B.460, 645B.670, 645E.291) Sections 8 and 10 also remove the discretion of a mortgage broker or a mortgage banker to establish written or oral policies and procedures for mortgage agents, and instead require the establishment of written policies and procedures. Section 9 also: (1) prohibits a mortgage broker from paying any remuneration to a mortgage agent under certain circumstances; and (2) prohibits a mortgage agent from receiving any remuneration for his or her services as a mortgage agent under certain circumstances. Section 9 further provides that the co-brokering of a commercial loan through the cooperation of two or more mortgage brokers is not prohibited so long as such a transaction is not inconsistent with any other provision governing mortgage brokers and mortgage agents.

      Existing law exempts certain attorneys from being licensed as a foreclosure consultant or foreclosure purchaser. (NRS 645F.380) Section 11 of this bill provides that such attorneys must be licensed to practice law in this State and not be engaged in a practice comprised primarily of providing a covered service to his or her clients.

 

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 645B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Employee” means a natural person:

      1.  Whose manner and means of performance of work are subject to the right of control of, or are controlled by, another person; and

      2.  Whose compensation for federal income tax purposes is reported, or required to be reported, on Form W-2 issued by the controlling person.

      Sec. 2. NRS 645B.010 is hereby amended to read as follows:

      645B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645B.0104 to 645B.0135, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 3. NRS 645B.0123 is hereby amended to read as follows:

      645B.0123  “Licensee” means a person who is licensed or required to be licensed as a mortgage broker pursuant to this chapter. The term does not include a person issued a license as a mortgage agent pursuant to NRS 645B.410 [.] who is acting properly within the scope of that license.

      Sec. 4. NRS 645B.01325 is hereby amended to read as follows:

      645B.01325  “Residential mortgage loan originator” means a natural person who takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan for compensation or other pecuniary gain. The term does not include:

      1.  A loan processor, underwriter or other natural person who performs clerical or ministerial tasks as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing under this chapter, unless the person who performs such clerical or ministerial tasks is an independent contractor; or

      2.  A person solely involved in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. § 101(53D).

      Sec. 5. NRS 645B.015 is hereby amended to read as follows:

      645B.015  Except as otherwise provided in NRS 645B.016, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant thereto and other applicable law, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his or her duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his or her duties as a real estate broker.

      6.  Any person doing any act under an order of any court.

      7.  Any one natural person, or husband and wife, who provides money for investment in commercial loans secured by a lien on real property, on his or her own account, unless such a person makes a loan secured by a lien on real property using his or her own money and assigns all or a part of his or her interest in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

      8.  A natural person who only offers or negotiates terms of a residential mortgage loan:

      (a) With or on behalf of an immediate family member of the person; or

      (b) Secured by a dwelling that served as the person’s residence.

      9.  Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.

 


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      10.  A seller of real property who offers credit secured by a mortgage of the property sold.

      11.  A nonprofit agency or organization:

      (a) Which provides self-help housing for a borrower who has provided part of the labor to construct the dwelling securing the borrower’s loan;

      (b) Which does not charge or collect origination fees in connection with the origination of residential mortgage loans;

      (c) Which only makes residential mortgage loans at an interest rate of 0 percent per annum;

      (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling; [and]

      (e) Which does not profit from the sale of a dwelling to a borrower [.] ; and

      (f) Which maintains tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

      12.  A housing counseling agency approved by the United States Department of Housing and Urban Development.

      Sec. 5.5. NRS 645B.189 is hereby amended to read as follows:

      645B.189  1.  If, in carrying on his or her business, a mortgage broker uses an advertisement that is designed, intended or reasonably likely to solicit money from private investors, the mortgage broker shall include in each such advertisement a statement of disclosure in substantially the following form:

 

Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured.

 

      2.  A mortgage broker shall include in each advertisement that the mortgage broker uses in carrying on his or her business any statements of disclosure required pursuant to the regulations adopted by the Commissioner or required pursuant to an order of the Commissioner entered in accordance with subsections 7 and 8 of NRS 645B.185.

      3.  Each mortgage broker who has received an initial license within the past 12 months shall submit any proposed advertisement that the mortgage broker intends to use in carrying on his or her business to the Commissioner for approval.

      4.  In addition to the requirements set forth in this chapter, each advertisement that a mortgage broker uses in carrying on his or her business must comply with the requirements of:

      (a) NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices; and

      (b) Any applicable federal statute or regulation concerning deceptive advertising and the advertising of interest rates.

      5.  If a mortgage broker violates any provision of NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices or any federal statute or regulation concerning deceptive advertising or the advertising of interest rates, in addition to any sanction or penalty imposed by state or federal law upon the mortgage broker for the violation, the Commissioner may take any disciplinary action set forth in paragraph (b) of subsection [2] 1 of NRS 645B.670 against the mortgage broker.

      6.  The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

 


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      Sec. 6. NRS 645B.400 is hereby amended to read as follows:

      645B.400  A person shall not act as or provide any of the services of a mortgage agent or otherwise engage in, carry on or hold himself or herself out as engaging in or carrying on the activities of a mortgage agent unless the person:

      1.  Has a license as a mortgage agent issued pursuant to NRS 645B.410.

      2.  Is :

      (a) If the person is not a loan processor who is an independent contractor, an employee of [or associated with] a mortgage broker or mortgage banker [.] ; or

      (b) An employee of or associated with a person who holds a certificate of exemption pursuant to NRS 645B.016.

      3.  If the person is required to register with the Registry [, is] :

      (a) Is an employee of and whose sponsorship has been entered with the Registry by a mortgage broker, mortgage banker or person who holds a certificate of exemption pursuant to NRS 645B.016 as required by subsection 2 of NRS 645B.450; and

      (b) Is registered with and provides any identifying number issued by the Registry.

      Sec. 7. NRS 645B.430 is hereby amended to read as follows:

      645B.430  1.  A license as a mortgage agent issued pursuant to NRS 645B.410 expires each year on December 31, unless it is renewed. To renew a license as a mortgage agent, the holder of the license must continue to meet the requirements of subsection 3 of NRS 645B.410 and must submit to the Commissioner on or after November 1 and on or before December 31 of each year, or on a date otherwise specified by the Commissioner by regulation:

      (a) An application for renewal;

      (b) Except as otherwise provided in this section, satisfactory proof that the holder of the license as a mortgage agent attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires; and

      (c) A renewal fee set by the Commissioner of not more than $170.

      2.  In lieu of the continuing education requirement set forth in paragraph (b) of subsection 1, the holder of a license as a mortgage agent who, pursuant to subsection 1 of NRS 645F.267, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry must submit to the Commissioner satisfactory proof that he or she attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires. The hours of continuing education required by this subsection must include:

      (a) At least 3 hours relating to the laws and regulations of this State; and

      (b) At least 2 hours relating to ethics.

      3.  If the holder of the license as a mortgage agent fails to submit any item required pursuant to subsection 1 or 2 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the holder of the license submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section; and

 


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      (c) A reinstatement fee of $75.

      4.  To change the mortgage broker with whom the mortgage agent is associated, a person must pay a fee of $10.

      5.  Money received by the Commissioner pursuant to this section is in addition to any fee that must be paid to the Registry and must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      6.  The Commissioner may require a licensee to submit an item or pay a fee required by this section directly to the Division or, if the licensee is required to register or voluntarily registers with the Registry, to the Division through the Registry.

      7.  Nothing in this section shall be construed as preventing the Commissioner from renewing the license of a mortgage agent who does not satisfy the criteria set forth in paragraph (e) of subsection 1 of NRS 645B.410 at the time of the application for renewal.

      8.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in NRS 645B.051.

      Sec. 8. NRS 645B.460 is hereby amended to read as follows:

      645B.460  1.  A mortgage broker shall exercise reasonable supervision and control over the activities of his or her mortgage agents and must also be licensed as a mortgage agent if required pursuant to NRS 645B.405. Such reasonable supervision and control must include, as appropriate:

      (a) The establishment of written [or oral] policies and procedures for the mortgage agents;

      (b) The establishment of a system to review, oversee and inspect the activities of the mortgage agents, including, without limitation:

             (1) Transactions handled by the mortgage agents pursuant to this chapter;

             (2) Communications between the mortgage agents and a party to such a transaction;

             (3) Documents prepared by the mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and

             (4) The handling by the mortgage agents of any fee, deposit or money paid to the mortgage broker or the mortgage agents or held in trust by the mortgage broker or the mortgage agents pursuant to this chapter; and

      (c) The establishment of a system of reporting to the Division of any fraudulent activity engaged in by any of the mortgage agents.

      2.  The Commissioner shall allow a mortgage broker to take into consideration the total number of mortgage agents associated with or employed by the mortgage broker when the mortgage broker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.

      3.  The Commissioner may adopt regulations prescribing standards for determining whether a mortgage broker has exercised reasonable supervision and control over the activities of a mortgage agent pursuant to this section.

      Sec. 9. NRS 645B.670 is hereby amended to read as follows:

      645B.670  1.  Except as otherwise provided in NRS 645B.690:

      [1.](a) For each violation committed by an applicant for a license issued pursuant to this chapter, whether or not the applicant is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $25,000 if the applicant:

 


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      [(a)](1) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

      [(b)](2) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by the applicant, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

      [(c)](3) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his or her application for a license or during the course of the investigation of his or her application for a license.

      [2.](b) For each violation committed by a mortgage broker, the Commissioner may impose upon the mortgage broker an administrative fine of not more than $25,000, may suspend, revoke or place conditions upon the mortgage broker’s license, or may do both, if the mortgage broker, whether or not acting as such:

      [(a)](1) Is insolvent;

      [(b)](2) Is grossly negligent or incompetent in performing any act for which the mortgage broker is required to be licensed pursuant to the provisions of this chapter;

      [(c)](3) Does not conduct his or her business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

      [(d)](4) Is in such financial condition that the mortgage broker cannot continue in business with safety to his or her customers;

      [(e)](5) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      [(f)](6) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage broker knew or, by the exercise of reasonable diligence, should have known;

      [(g)](7) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage broker possesses and which, if submitted by the mortgage broker, would have rendered the mortgage broker ineligible to be licensed pursuant to the provisions of this chapter;

      [(h)](8) Has failed to account to persons interested for all money received for a trust account;

      [(i)](9) Has refused to permit an examination by the Commissioner of his or her books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

      [(j)](10) Has been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering;

      [(k)](11) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the mortgage broker is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

 


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      [(l)](12) Has failed to satisfy a claim made by a client which has been reduced to judgment;

      [(m)](13) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      [(n)](14) Has commingled the money or other property of a client with his or her own or has converted the money or property of others to his or her own use;

      [(o)](15) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

      [(p)](16) Has repeatedly violated the policies and procedures of the mortgage broker;

      [(q)](17) Has failed to exercise reasonable supervision and control over the activities of a mortgage agent as required by NRS 645B.460;

      [(r)](18) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;

      [(s)](19) Has employed a person as a mortgage agent or authorized a person to be associated with the mortgage broker as a mortgage agent at a time when the mortgage broker knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

             [(1)](I) Had been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering; or

             [(2)](II) Had a license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license or registration revoked within the immediately preceding 10 years;

      [(t)](20) Has violated NRS 645C.557; [or]

      [(u)](21) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [.] ; or

             (22) Has, directly or indirectly, paid any commission, fees, points or any other compensation as remuneration for the services of a mortgage agent to a person other than a mortgage agent who:

                   (I) Is an employee of or associated with the mortgage broker; or

                   (II) If the mortgage agent is required to register with the Registry, is an employee of and whose sponsorship has been entered with the Registry by the mortgage broker as required by subsection 2 of NRS 645B.450.

      [3.](c) For each violation committed by a mortgage agent, the Commissioner may impose upon the mortgage agent an administrative fine of not more than $25,000, may suspend, revoke or place conditions upon the mortgage agent’s license, or may do both, if the mortgage agent, whether or not acting as such:

      [(a)](1) Is grossly negligent or incompetent in performing any act for which the mortgage agent is required to be licensed pursuant to the provisions of this chapter;

      [(b)](2) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      [(c)](3) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage agent knew or, by the exercise of reasonable diligence, should have known;

 


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provisions of this chapter which the mortgage agent knew or, by the exercise of reasonable diligence, should have known;

      [(d)](4) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage agent possesses and which, if submitted by the mortgage agent, would have rendered the mortgage agent ineligible to be licensed pursuant to the provisions of this chapter;

      [(e)](5) Has been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering;

      [(f)](6) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      [(g)](7) Has commingled the money or other property of a client with his or her own or has converted the money or property of others to his or her own use;

      [(h)](8) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

      [(i)](9) Has violated NRS 645C.557;

      [(j)](10) Has repeatedly violated the policies and procedures of the mortgage broker with whom the mortgage agent is associated or by whom he or she is employed; [or]

      [(k)](11) Has, directly or indirectly, received any commission, fees, points or any other compensation as remuneration for his or her services as a mortgage agent:

                   (I) From a person other than the mortgage broker with whom the mortgage agent is associated or by whom he or she is employed; or

                   (II) If the mortgage agent is required to be registered with the Registry, from a person other than the mortgage broker by whom the mortgage agent is employed and on whose behalf sponsorship was entered as required by subsection 2 of NRS 645B.450; or

             (12) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner or has assisted or offered to assist another person to commit such a violation.

      2.  This section does not prohibit the co-brokering of a commercial loan through the cooperation of two or more mortgage brokers so long as such a transaction is not inconsistent with any other provision of this chapter.

      Sec. 10. NRS 645E.291 is hereby amended to read as follows:

      645E.291  1.  A mortgage banker shall exercise reasonable supervision and control over the activities of his or her mortgage agents and must also be licensed as a mortgage agent if required pursuant to NRS 645E.290. Such reasonable supervision and control must include, as appropriate:

      (a) The establishment of written [or oral] policies and procedures for the mortgage agents;

      (b) The establishment of a system to review, oversee and inspect the activities of the mortgage agents, including, without limitation:

             (1) Transactions handled by the mortgage agents pursuant to this chapter;

 


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             (2) Communications between the mortgage agents and a party to such a transaction;

             (3) Documents prepared by the mortgage agents that may have a material effect upon the rights or obligations of a party to such a transaction; and

             (4) The handling by the mortgage agents of any fee, deposit or money paid to the mortgage banker or the mortgage agents or held in trust by the mortgage banker or the mortgage agents pursuant to this chapter; and

      (c) The establishment of a system of reporting to the Division of any fraudulent activity engaged in by any of the mortgage agents.

      2.  The Commissioner shall allow a mortgage banker to take into consideration the total number of mortgage agents associated with or employed by the mortgage banker when the mortgage banker determines the form and extent of the policies and procedures for those mortgage agents and the system to review, oversee and inspect the activities of those mortgage agents.

      3.  The Commissioner may adopt regulations prescribing standards for determining whether a mortgage banker has exercised reasonable supervision and control over the activities of a mortgage agent pursuant to this section.

      Sec. 11. NRS 645F.380 is hereby amended to read as follows:

      645F.380  The provisions of NRS 645F.300 to 645F.450, inclusive, do not apply to, and the terms “foreclosure consultant” and “foreclosure purchaser” do not include:

      1.  An attorney at law licensed to practice in this State rendering services in the performance of his or her duties as an attorney at law, unless the attorney at law is rendering those services in the course and scope of his or her employment by or other affiliation with a person who is licensed or required to be licensed pursuant to NRS 645F.390 [;] or is otherwise engaging in a practice that is comprised primarily of providing a covered service to his or her clients;

      2.  A provider of debt-management services registered pursuant to chapter 676A of NRS while providing debt-management services pursuant to chapter 676A of NRS;

      3.  A person or the authorized agent of a person acting under the provisions of a program sponsored by the Federal Government, this State or a local government, including, without limitation, the Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Federal Home Loan Bank System;

      4.  A person who holds or is owed an obligation secured by a mortgage or other lien on a residence in foreclosure if the person performs services in connection with this obligation or lien and the obligation or lien did not arise as the result of or as part of a proposed foreclosure reconveyance;

      5.  Any person doing business under the laws of this State or of the United States relating to banks, trust companies, savings and loan associations, industrial loan and thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee which is a United States Department of Housing and Urban Development approved mortgagee and any subsidiary or affiliate of those persons, and any agent or employee of those persons while engaged in the business of those persons;

      6.  A person, other than a person who is licensed pursuant to NRS 645F.390, who is licensed pursuant to chapter 692A or any chapter of title 54 of NRS while acting under the authority of the license;

 


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      7.  A nonprofit agency or organization that offers credit counseling or advice to a homeowner of a residence in foreclosure or a person in default on a loan [;] and which maintains tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); or

      8.  A judgment creditor of the homeowner whose claim accrued before the recording of the notice of the pendency of an action for foreclosure against the homeowner pursuant to NRS 14.010 or the recording of the notice of default and election to sell pursuant to NRS 107.080.

      Sec. 12.  This act becomes effective upon passage and approval.

________

CHAPTER 40, SB 48

Senate Bill No. 48–Committee on Revenue and Economic Development

 

CHAPTER 40

 

[Approved: May 21, 2013]

 

AN ACT relating to tourism; revising the composition of the Commission on Tourism; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Commission on Tourism within the Department of Tourism and Cultural Affairs has various duties relating to the promotion of tourism and travel in Nevada. (NRS 231.167, 231.170, 231.200) Section 1 of this bill adds to the Commission, as ex officio, nonvoting members, the Chairs of the following entities that are within the Department: (1) the Commission for Cultural Affairs; (2) the Board of Museums and History; (3) the Nevada Indian Commission; and (4) the Board of the Nevada Arts Council. Sections 2-4 of this bill make conforming changes related to the revised composition of the Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 231.170 is hereby amended to read as follows:

      231.170  1.  The Commission on Tourism is composed of [11] :

      (a) Eleven voting members as follows:

      [(a)](1) The Lieutenant Governor, who is its Chair;

      [(b)](2) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and

      [(c)](3) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.

      (b) The following ex officio, nonvoting members:

             (1) The Chair of the Commission for Cultural Affairs;

             (2) The Chair of the Board of Museums and History;

 


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             (3) The Chair of the Nevada Indian Commission; and

             (4) The Chair of the Board of the Nevada Arts Council.

Ê A person may serve as an ex officio, nonvoting member pursuant to subparagraph (1) and subparagraph (2) or (4) concurrently.

      2.  A change in any member of the Commission who serves pursuant to subparagraph (3) of paragraph [(c)] (a) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

      3.  Of the members appointed by the Governor pursuant to subparagraph (2) of paragraph [(b)] (a) of subsection 1:

      (a) At least one member must be a resident of a county whose population is 700,000 or more.

      (b) At least one member must be a resident of a county whose population is 100,000 or more but less than 700,000.

      (c) At least two members must be residents of counties whose population is less than 100,000.

      (d) Four members must be residents of any county in this State.

      Sec. 2. NRS 231.180 is hereby amended to read as follows:

      231.180  1.  The Commission on Tourism shall meet once each calendar quarter, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair or a majority of the voting members.

      2.  The Director is the Secretary of the Commission.

      3.  The Commission shall prescribe rules for its own management and government.

      4.  Six voting members of the Commission constitute a quorum.

      5.  The Governor may remove an appointed member from the Commission if the member neglects his or her duty or commits malfeasance in office.

      Sec. 3. NRS 231.210 is hereby amended to read as follows:

      231.210  The Director:

      1.  Must be appointed by the Governor from a list of three persons submitted to the Governor by the Lieutenant Governor from recommendations made to the Lieutenant Governor by the:

      (a) [Members] Voting members of the Commission on Tourism;

      (b) Chair of the Commission for Cultural Affairs;

      (c) Chair of the Board of Museums and History;

      (d) Chair of the Nevada Indian Commission; and

      (e) Chair of the Board of the Nevada Arts Council.

      2.  Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

      Sec. 4. NRS 490.068 is hereby amended to read as follows:

      490.068  1.  The Commission shall:

      (a) Elect a Chair, Vice Chair, Secretary and Treasurer from among its members.

      (b) Meet at the call of the Chair.

      (c) Meet at least four times each year.

      (d) Solicit nine nonvoting advisers to the Commission to serve for terms of 2 years as follows:

 


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             (1) One adviser from the Bureau of Land Management.

             (2) One adviser from the United States Forest Service.

             (3) One adviser who is:

                   (I) From the Natural Resources Conservation Service of the United States Department of Agriculture; or

                   (II) A teacher, instructor or professor at an institution of the Nevada System of Higher Education and who provides instruction in environmental science or a related field.

             (4) One adviser from the State Department of Conservation and Natural Resources.

             (5) One adviser from the Department of Wildlife.

             (6) One adviser from the Department of Motor Vehicles.

             (7) One adviser from the Commission on Tourism [.] , other than the Chair of the Nevada Indian Commission.

             (8) One adviser from the Nevada Indian Commission.

             (9) One adviser from the United States Fish and Wildlife Service.

      2.  The Commission may award a grant of money from the Fund. Any such grant must comply with the requirements set forth in NRS 490.069. The Commission shall:

      (a) Adopt regulations setting forth who may apply for a grant of money from the Fund and the manner in which such a person may submit the application to the Commission. The regulations adopted pursuant to this paragraph must include, without limitation, requirements that:

             (1) Any person requesting a grant provide proof satisfactory to the Commission that the appropriate federal, state or local governmental agency has been consulted regarding the nature of the project to be funded by the grant and regarding the area affected by the project;

             (2) The application for the grant address all applicable laws and regulations, including, without limitation, those concerning:

                   (I) Threatened and endangered species in the area affected by the project;

                   (II) Ecological, cultural and archaeological sites in the area affected by the project; and

                   (III) Existing land use authorizations and prohibitions, land use plans, special designations and local ordinances for the area affected by the project; and

             (3)Any compliance information provided by an appropriate federal, state or local governmental agency, and any information or advice provided by any agency, group or individual be submitted with the application for the grant.

      (b) Adopt regulations for awarding grants from the Fund.

      (c) Adopt regulations for determining the acceptable performance of work on a project for which a grant is awarded.

      (d) Approve the completion of, and payment of money for, work performed on a project for which a grant is awarded, if the Commission determines the work is acceptable.

      (e) Monitor the accounting activities of the Fund.

      3.  The nonvoting advisers solicited by the Commission pursuant to paragraph (d) of subsection 1 shall assist the Commission in carrying out the duties set forth in this section and shall review for completeness and for compliance with the requirements of paragraph (a) of subsection 2 all applications for grants.

 


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      4.  For each regular session of the Legislature, the Commission shall prepare a comprehensive report, including, without limitation, a summary of any grants that the Commission awarded and of the accounting activities of the Fund, and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 41, SB 51

Senate Bill No. 51–Committee on Health and Human Services

 

CHAPTER 41

 

[Approved: May 21, 2013]

 

AN ACT relating to public welfare; transferring the powers and duties concerning the certification and regulation of intermediary service organizations from the Aging and Disability Services Division of the Department of Health and Human Services to the Health Division of the Department; transferring the regulatory authority relating to intermediary service organizations from the Aging and Disability Services Division to the State Board of Health; authorizing the provision of certain medical services to persons with disabilities by an agency to provide personal care services in the home under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Aging and Disability Services Division of the Department of Health and Human Services to carry out and administer the certification of intermediary service organizations. (NRS 427A.0291, 427A.701-427A.745) Existing law further requires the Division to adopt regulations governing the: (1) certification of intermediary service organizations; (2) imposition of administrative sanctions for violations related to such certification; and (3) procedures for appealing the imposition of disciplinary action or administrative sanctions. (NRS 427A.727, 427A.731, 427A.733) Section 36 of this bill repeals the provisions governing the certification and regulation of intermediary service organizations by the Division. Sections 2-25 of this bill transfer the powers and duties concerning carrying out and administering the certification of intermediary service organizations from the Aging and Disability Services Division of the Department of Health and Human Services to the Health Division of the Department. Sections 16, 18 and 19 also transfer the duty to adopt regulations governing intermediary service organizations from the Aging and Disability Services Division to the State Board of Health. Section 4 excludes a person who is licensed to operate an agency to provide personal care services in the home from the requirement of obtaining a certificate to operate an intermediary service organization.

      Existing law provides that certain providers of health care may, under certain circumstances, authorize a person to act as a personal assistant to perform specific medical, nursing or home health services for a person with a disability without obtaining a license to perform the service. (NRS 629.091) Section 26 of this bill authorizes an agency to provide personal care services in the home to provide those medical services authorized pursuant to existing law to persons with disabilities through its employees or by contractual arrangement with other persons.

 


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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:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.

      Sec. 2. As used in sections 2 to 25, inclusive, of this act, unless the context otherwise requires, “intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to section 3 of this act for a person with a disability or other responsible person.

      Sec. 3. 1.  An intermediary service organization that is certified pursuant to sections 2 to 25, inclusive, of this act may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:

      (a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091;

      (b) Providing payroll services to pay the personal assistant and determine any tax liability;

      (c) Providing services relating to financial management; and

      (d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.

      2.  As used in this section:

      (a) “Other responsible person” means:

             (1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

             (2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.

      (b) “Personal assistance” means the provision of any goods or services to help a person with a disability maintain his or her independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.

      (c) “Personal assistant” means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help the person maintain his or her independence, personal hygiene and safety.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, a person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate to operate an intermediary service organization as provided in sections 2 to 25, inclusive, of this act.

      2.  A person who is licensed to operate an agency to provide personal care services in the home pursuant to this chapter is not required to obtain a certificate to operate an intermediary service organization as described in this section.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

 


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      Sec. 5. Any person wishing to obtain a certificate to operate an intermediary service organization pursuant to the provisions of sections 2 to 25, inclusive, of this act must file with the Health Division an application on a form prescribed, prepared and furnished by the Health Division, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The location of the intermediary service organization.

      3.  The name of the person in charge of the intermediary service organization.

      4.  Such other information as may be required by the Health Division for the proper administration and enforcement of sections 2 to 25, inclusive, of this act.

      5.  Evidence satisfactory to the Health Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which application is made.

      6.  Evidence satisfactory to the Health Division of the ability of the applicant to comply with the provisions of sections 2 to 25, inclusive, of this act and the standards and regulations adopted by the Board.

      Sec. 6. An application for the issuance of a certificate to operate an intermediary service organization pursuant to section 5 of this act must include the social security number of the applicant.

      Sec. 7. 1.  An applicant for the issuance or renewal of a certificate to operate an intermediary service organization must submit to the Health Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Health Division 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

      (b) A separate form prescribed by the Health Division.

      3.  A certificate as an intermediary service organization may not be issued or renewed by the Health Division 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 Health Division 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.

 


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      Sec. 8. Each application for a certificate to operate an intermediary service organization must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a certificate in installments and may fix the amount of each payment and the date on which the payment is due.

      Sec. 9. 1.  The Health Division shall issue the certificate to operate an intermediary service organization to the applicant if, after investigation, the Health Division finds that the:

      (a) Applicant is in full compliance with the provisions of sections 2 to 25, inclusive, of this act; and

      (b) Applicant is in substantial compliance with the standards and regulations adopted by the Board.

      2.  A certificate applies only to the person to whom it is issued and is not transferable.

      Sec. 10. Each certificate to operate an intermediary service organization issued by the Health Division pursuant to sections 2 to 25, inclusive, of this act must be in the form prescribed by the Health Division and must contain:

      1.  The name of the person or persons authorized to operate the intermediary service organization;

      2.  The location of the intermediary service organization; and

      3.  The services offered by the intermediary service organization.

      Sec. 11. 1.  Each certificate to operate an intermediary service organization issued pursuant to sections 2 to 25, inclusive, of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to section 8 of this act unless the Health Division finds, after an investigation, that the intermediary service organization has not satisfactorily complied with the provisions of sections 2 to 25, inclusive, of this act or the standards and regulations adopted by the Board.

      2.  Each reapplication for an intermediary service organization must include, without limitation, a statement that the organization is in compliance with the provisions of sections 20 to 23, inclusive, of this act.

      Sec. 12. The Health Division may deny an application for a certificate to operate an intermediary service organization or may suspend or revoke any certificate issued under the provisions of sections 2 to 25, inclusive, of this act upon any of the following grounds:

      1.  Violation by the applicant or the holder of a certificate of any of the provisions of sections 2 to 25, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      2.  Aiding, abetting or permitting the commission of any illegal act.

      3.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.

      4.  Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.

      Sec. 13. 1.  If the Health Division 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 person who is the holder of a certificate to operate an intermediary service organization, the Health Division shall deem the certificate 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 Health Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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after the date on which the court order was issued unless the Health Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

      Sec. 14. 1.  The Health Division may cancel a certificate to operate an intermediary service organization and issue a provisional certificate, effective for a period determined by the Health Division, to the intermediary service organization if the intermediary service organization:

      (a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of sections 2 to 25, inclusive, of this act and the Health Division determines that the intermediary service organization requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

      (b) Has failed to comply with the standards or regulations and the Health Division determines that the intermediary service organization is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

      2.  The provisions of subsection 1 do not require the issuance of a certificate or prevent the Health Division from refusing to renew or from revoking or suspending any certificate if the Health Division deems such action necessary for the health and safety of a person for whom the intermediary service organization provides services.

      Sec. 15. 1.  Money received from the certification of intermediary service organizations:

      (a) Must be forwarded to the State Treasurer for deposit in the State Treasury;

      (b) Must be accounted for separately in the State General Fund; and

      (c) May only be used to carry out the provisions of sections 2 to 25, inclusive, of this act.

      2.  The Health Division shall enforce the provisions of sections 2 to 25, inclusive, of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 16. 1.  The Board shall adopt regulations governing the certification of intermediary service organizations and such other regulations as it deems necessary to carry out the provisions of sections 2 to 25, inclusive, of this act.

      2.  The Health Division may:

      (a) Upon receipt of an application for a certificate to operate an intermediary service organization, conduct an investigation into the qualifications of personnel, methods of operation and policies and purposes of any person proposing to engage in the operation of an intermediary service organization.

 


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      (b) Upon receipt of a complaint against an intermediary service organization, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation and policies, procedures and records of that intermediary service organization or any other intermediary service organization which may have information pertinent to the complaint.

      (c) Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 2 to 25, inclusive, of this act.

      Sec. 17. 1.  If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of sections 2 to 25, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to section 18 of this act, may, as it deems appropriate:

      (a) Prohibit the intermediary service organization from providing services pursuant to section 3 of this act until it determines that the intermediary service organization has corrected the violation;

      (b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

             (1) It determines that the intermediary service organization has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If the intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Health Division may:

      (a) Suspend the certificate to operate an intermediary service organization which is held by the intermediary service organization until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      3.  The Health Division may require any intermediary service organization that violates any provision of sections 2 to 25, inclusive, of this act or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.

      Sec. 18. The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 17 of this act. These regulations must:

      1.  Prescribe the circumstances and manner in which each sanction applies;

 


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      2.  Minimize the time between identification of a violation and the imposition of a sanction;

      3.  Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and

      4.  Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations.

      Sec. 19. 1.  When the Health Division intends to deny, suspend or revoke a certificate to operate an intermediary service organization, or to impose any sanction prescribed by section 17 of this act, the Health Division shall give reasonable notice to the holder of the certificate by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Health Division finds that the public health requires immediate action. In that case, the Health Division may order a summary suspension of a certificate or impose any sanction prescribed by section 17 of this act, pending proceedings for revocation or other action.

      2.  If a person wants to contest the action of the Health Division, the person must file an appeal pursuant to regulations adopted by the Board.

      3.  Upon receiving notice of an appeal, the Health Division shall hold a hearing pursuant to regulations adopted by the Board.

      4.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 20. 1.  Except as otherwise provided in subsection 2, within 10 days after hiring an employee or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

      (a) Obtain a written statement from the employee or independent contractor stating whether he or she has been convicted of any crime listed in subsection 1 of section 23 of this act;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (d) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (c).

      2.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his or her criminal history has been conducted by the Central Repository for Nevada Records of Criminal History within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in subsection 1 of section 23 of this act.

      3.  The holder of a certificate to operate an intermediary service organization shall ensure that the criminal history of each employee or independent contractor who works at or for the intermediary service organization is investigated at least once every 5 years. The holder of the certificate shall:

 


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      (a) If the intermediary service organization does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

      (b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History.

      4.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee or independent contractor has been convicted of a crime listed in subsection 1 of section 23 of this act and immediately inform the Health Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee or independent contractor has been convicted of such a crime.

      5.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

      Sec. 21. Each intermediary service organization shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to section 20 of this act and shall maintain a copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History and proof that it submitted two sets of fingerprints to the Central Repository for its report. These records must be made available for inspection by the Health Division at any reasonable time, and copies thereof must be furnished to the Health Division upon request.

      Sec. 22. 1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to section 20 of this act, or evidence from any other source, that an employee or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of section 23 of this act, the holder of the certificate to operate an intermediary service organization shall terminate the employment or contract of that person after allowing the employee or independent contractor time to correct the information pursuant to subsection 2.

      2.  If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, the employee or independent contractor may immediately inform the intermediary service organization. An intermediary service organization that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

 


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information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

      3.  An intermediary service organization that has complied with section 20 of this act may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee or independent contractor to work:

      (a) Before it received the information concerning the employee or independent contractor from the Central Repository;

      (b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

      (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

      (d) Any combination thereof.

Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 23. In addition to the grounds listed in section 12 of this act, the Health Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke a certificate of a holder of a certificate to operate an intermediary service organization if:

      1.  The applicant for or holder of the certificate has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Assault with intent to kill or to commit sexual assault or mayhem;

      (c) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

      (d) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, if the conviction occurred within the immediately preceding 7 years;

      (e) Abuse or neglect of a child or contributory delinquency;

      (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

      (g) A violation of any provision of NRS 200.5099 or 200.50995;

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

      (i) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      2.  The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.

      Sec. 24. 1.  Except as otherwise provided in subsection 2 of section 4 of this act, the Health Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of sections 2 to 25, inclusive, of this act:

      (a) Without first obtaining a certificate to operate an intermediary service organization; or

      (b) After the person’s certificate has been revoked or suspended by the Health Division.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.

 


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      Sec. 25. The district attorney of the county in which an intermediary service organization operates shall, upon application by the Health Division, institute and conduct the prosecution of any action for violation of any provision of sections 2 to 25, inclusive, of this act.

      Sec. 26. An agency to provide personal care services in the home that is licensed pursuant to this section and NRS 449.030 to 449.240, inclusive, may, through its employees or by contractual arrangement with other persons, provide:

      1.  To persons with disabilities, any medical services authorized pursuant to NRS 629.091; and

      2.  Nonmedical services related to personal care to elderly persons or persons with disabilities to assist those persons with activities of daily living, including, without limitation:

      (a) The elimination of wastes from the body;

      (b) Dressing and undressing;

      (c) Bathing;

      (d) Grooming;

      (e) The preparation and eating of meals;

      (f) Laundry;

      (g) Shopping;

      (h) Cleaning;

      (i) Transportation; and

      (j) Any other minor needs related to the maintenance of personal hygiene.

      Sec. 27. NRS 449.0021 is hereby amended to read as follows:

      449.0021  1.  “Agency to provide personal care services in the home” means any person, other than a natural person, which provides in the home [, through its employees or by contractual arrangement with other persons, nonmedical services related to personal care to elderly persons or persons with disabilities to assist those persons with activities of daily living, including, without limitation:

      (a) The elimination of wastes from the body;

      (b) Dressing and undressing;

      (c) Bathing;

      (d) Grooming;

      (e) The preparation and eating of meals;

      (f) Laundry;

      (g) Shopping;

      (h) Cleaning;

      (i) Transportation; and

      (j) Any other minor needs related to the maintenance of personal hygiene.] the services authorized pursuant to section 26 of this act to elderly persons or persons with disabilities.

      2.  The term does not include:

      (a) An independent contractor who provides nonmedical services specified [by subsection 1] in section 26 of this act without the assistance of employees;

      (b) An organized group of persons composed of the family or friends of a person needing personal care services that employs or contracts with persons to provide nonmedical services specified [by subsection 1] in section 26 of this act for the person if:

 


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             (1) The organization of the group of persons is set forth in a written document that is made available for review by the Health Division upon request; and

             (2) The personal care services are provided to only one person or one family who resides in the same residence; or

      (c) An intermediary service organization.

      3.  As used in this section, “intermediary service organization” has the meaning ascribed to it in [NRS 427A.0291.] section 2 of this act.

      Sec. 28. NRS 449.0305 is hereby amended to read as follows:

      449.0305  1.  Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups.

      2.  The Board shall adopt:

      (a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

      (b) Standards relating to the fees charged by such businesses;

      (c) Regulations governing the licensing of such businesses; and

      (d) Regulations establishing requirements for training the employees of such businesses.

      3.  A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.

      4.  A business that is licensed pursuant to this section or an employee of such a business shall not:

      (a) Refer a person to a residential facility for groups that is not licensed.

      (b) Refer a person to a residential facility for groups if the business or its employee knows or reasonably should know that the facility, or the services provided by the facility, are not appropriate for the condition of the person being referred.

      (c) Refer a person to a residential facility for groups that is owned by the same person who owns the business.

Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of [this chapter] NRS 449.001 to 449.965, inclusive, and section 26 of this act and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.030 to 449.240, inclusive, and section 26 of this act on October 1, 1999.

 


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      Sec. 29. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.240, inclusive, and section 26 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and section 26 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to [this chapter,] NRS 449.001 to 449.965, inclusive, and section 26 of this act if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Health Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Health Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Health Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Health Division pursuant to subsection 2.

 


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      Sec. 30. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, and section 26 of this act or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Health Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      4.  The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, and section 26 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of [this chapter] NRS 449.001 to 449.965, inclusive, and section 26 of this act and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      Sec. 31. NRS 449.210 is hereby amended to read as follows:

      449.210  1.  In addition to the payment of the amount required by NRS 449.0308, except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the Health Division is guilty of a misdemeanor.

 


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      2.  In addition to the payment of the amount required by NRS 449.0308, if a person operates a residential facility for groups or a home for individual residential care without a license issued by the Health Division, the Health Division shall:

      (a) Impose a civil penalty on the operator in the following amount:

             (1) For a first offense, $10,000.

             (2) For a second offense, $25,000.

             (3) For a third or subsequent offense, $50,000.

      (b) Order the operator, at the operator’s own expense, to move all of the persons who are receiving services in the residential facility for groups or home for individual residential care to a residential facility for groups or home for individual residential care, as applicable, that is licensed.

      (c) Prohibit the operator from applying for a license to operate a residential facility for groups or home for individual residential care, as applicable. The duration of the period of prohibition must be:

             (1) For 6 months if the operator is punished pursuant to subparagraph (1) of paragraph (a).

             (2) For 1 year if the operator is punished pursuant to subparagraph (2) of paragraph (a).

             (3) Permanent if the operator is punished pursuant to subparagraph (3) of paragraph (a).

      3.  Before the Health Division imposes an administrative sanction pursuant to subsection 2, the Health Division shall provide the operator of a residential facility for groups with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If the operator of a residential facility for groups wants to contest the action, the operator may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Health Division shall hold a hearing in accordance with those regulations. For the purpose of this subsection, it is no defense to the violation of operating a residential facility for groups without a license that the operator thereof subsequently licensed the facility in accordance with law.

      4.  Unless otherwise required by federal law, the Health Division shall deposit all civil penalties collected pursuant to paragraph (a) of subsection 2 into a separate account in the State General Fund to be used to administer and carry out the provisions of [this chapter] NRS 449.001 to 449.965, inclusive, and section 26 of this act and to protect the health, safety, well-being and property of the patients and residents of facilities and homes for individual residential care in accordance with applicable state and federal standards.

      Sec. 32. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

 


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      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 62B.270, 424.031, [427A.735,] 432A.170, 433B.183 and 449.123 [;] and section 20 of this act; or

 


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             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 424.031, [427A.735,] 432A.170, 433B.183, 449.122 or 449.123 [.] or section 20 of this act.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year.

 


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received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 33. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

 


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      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, advanced emergency medical technician, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in [NRS 427A.0291.] section 2 of this act.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

 


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      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 34. NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, home, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, home, agency or organization is liable for damages to the patient, the Specialist for the Rights of Elderly Persons shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division.

 


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surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (e) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

      (f) “Intermediary service organization” has the meaning ascribed to it in section 2 of this act;

      (g) “Older patient” has the meaning ascribed to it in NRS 449.065; and

      [(g)] (h) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 35. NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, music therapist, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in [NRS 427A.0291.] section 2 of this act.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

 

 


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      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      Sec. 36. NRS 427A.0291, 427A.701, 427A.703, 427A.705, 427A.707, 427A.709, 427A.711, 427A.713, 427A.715, 427A.717, 427A.719, 427A.721, 427A.723, 427A.725, 427A.727, 427A.729, 427A.731, 427A.733, 427A.735, 427A.737, 427A.739, 427A.741, 427A.743 and 427A.745 are hereby repealed.

      Sec. 37.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until the administrative regulations are:

      (a) Amended by the officer, agency or other entity to which the responsibility for the adoption of the administrative regulations has been transferred; or

      (b) Conformed pursuant to the authority set forth in section 38 of this act,

Ê whichever occurs first.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

 

 

 


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      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 38.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to any officer, agency or other entity:

      1.  Whose name is changed pursuant to the provisions of this act; or

      2.  Whose responsibilities have been transferred pursuant to the provisions of this act,

Ê to refer to the appropriate officer, agency or other entity.

      Sec. 39.  An intermediary service organization that is certified pursuant to NRS 427A.701 to 427A.745, inclusive, before the effective date of this act, and whose certification is not expired or revoked is not required to obtain a certificate pursuant to sections 2 to 25, inclusive, of this act until the expiration of the certificate obtained pursuant to NRS 427A.701 to 427A.745, inclusive.

      Sec. 40.  1.  This act becomes effective upon passage and approval.

      2.  Sections 6, 7 and 13 of this act expire 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 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 42, SB 53

Senate Bill No. 53–Committee on Health and Human Services

 

CHAPTER 42

 

[Approved: May 21, 2013]

 

AN ACT relating to vital statistics; requiring the State Registrar of Vital Statistics to ensure the security and confidentiality of the vital statistics maintained by his or her office; authorizing the release of information relating to vital statistics under certain circumstances; authorizing the State Registrar to approve an application for the registration of an altered or amended certificate under certain circumstances; revising provisions governing the preservation of vital statistics and the copying of a registered certificate of birth or death by a local health officer; revising the duties of a funeral director concerning a death occurring without medical attendance; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Section 2 of this bill requires the State Registrar of Vital Statistics to ensure the security and confidentiality of vital statistics in accordance with regulations adopted by the State Board of Health. Section 2 also provides that information relating to a certificate of birth may be released 125 years after the date of the birth and information relating to a certificate of death may be released 50 years after the date of the death.

      Section 3 of this bill prescribes the procedure for altering or amending a vital statistic and allows the State Registrar to deny an application to amend or alter a vital statistic if the documentation submitted by the applicant does not comply with the requirements prescribed by the Board or if the State Registrar has cause to question the validity of the documentation submitted by the applicant. Sections 4, 5, 9 and 10 of this bill revise various provisions relating to recordkeeping by the State Registrar. Section 7 of this bill requires each local health officer to make a complete and accurate copy of each birth and death certificate registered by him or her in the format prescribed by the State Registrar.

      When a person dies without medical attendance, existing law requires the funeral director to notify the local health officer and refer the case to the local health officer for investigation and certification. (NRS 440.420) Section 8 of this bill gives the funeral director the option to instead notify and refer the case to the coroner or the coroner’s deputy.

 

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 440 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  In accordance with the regulations adopted by the Board, the State Registrar shall ensure the security and confidentiality of vital statistics maintained by his or her office.

      2.  Except as otherwise provided in this section and NRS 440.170, 440.175 and 440.650, information relating to vital statistics may be released:

      (a) If the vital statistic is a certificate of birth, 125 years after the date of the birth.

      (b) If the vital statistic is a certificate of death, 50 years after the date of the death.

      Sec. 3. 1.  The State Registrar may approve an application for the registration of an altered or amended certificate if:

      (a) The applicant has submitted an application prescribed by the Board;

      (b) The State Registrar has received all documentation which is required in support of the altered certificate; and

      (c) The State Registrar has verified the validity and adequacy of the documentation.

      2.  The evidence affecting the alteration of a certificate, after it has been filed with the State Registrar, must be kept in a special permanent file.

      3.  The State Registrar shall dismiss an application for the registration of an altered certificate if the documentation submitted by the applicant does not comply with the requirements prescribed by the Board or if the State Registrar has cause to question the validity or adequacy of the documentation submitted by the applicant.

 


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or if the State Registrar has cause to question the validity or adequacy of the documentation submitted by the applicant.

      4.  If the State Registrar dismisses an application for the registration of an altered certificate, the State Registrar shall inform the applicant of his or her right to seek a court order for the registration.

      Sec. 4. NRS 440.160 is hereby amended to read as follows:

      440.160  The State Registrar shall:

      1.  Arrange and permanently preserve the certificates in a systematic manner.

      2.  Prepare and maintain a comprehensive and continuous [card] index of all births and deaths registered. The [cards] index must show the name of the child or the deceased, the place and date of birth or death and the number of the certificate. When a certificate of birth indicates that a person has changed his or her name, the [card] index must contain [a card] an entry for each name.

      3.  Make a complete and accurate copy of each vital statistic, including, without limitation, using typewritten, photographic, electronic or other means of reproduction approved by the Board. Such a copy, when verified and approved by the State Registrar, shall be deemed to be the original record, and the original record may be disposed of in accordance with the regulations adopted by the Board.

      Sec. 5. NRS 440.165 is hereby amended to read as follows:

      440.165  To preserve [original documents,] vital statistics, the State Registrar is authorized to prepare typewritten, photographic , electronic or other reproductions of original records and files in his or her office. Such reproductions, when verified and approved by the State Registrar, shall be deemed to be the original record, and the original record may be disposed of in accordance with the regulations adopted by the Board.

      Sec. 6. NRS 440.220 is hereby amended to read as follows:

      440.220  1.  If any certificate of death is incomplete or unsatisfactory, the local health officer shall call attention to the defects in the return and withhold issuing the burial or removal permit until the defects are corrected.

      2.  If any certificate of birth is incomplete, the local health officer shall immediately notify the [informant,] person who produced the certificate and require him or her to supply the missing items if they can be obtained.

      Sec. 7. NRS 440.240 is hereby amended to read as follows:

      440.240  The local health officer shall make a complete and accurate copy of each birth and death certificate registered by him or her in [a record book supplied] the format prescribed by the State Registrar. [Record books] The copies shall be preserved permanently in his or her office as the local record in such manner as directed by the Board.

      Sec. 8.  NRS 440.420 is hereby amended to read as follows:

      440.420  1.  In case of any death occurring without medical attendance, the funeral director shall notify the local health officer , coroner or coroner’s deputy of such death and refer the case to the local health officer , coroner or coroner’s deputy for immediate investigation and certification.

      2.  Where there is no qualified physician in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.

 


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      3.  If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.

      4.  In counties which have adopted an ordinance authorizing a coroner’s examination in cases of sudden infant death syndrome, the funeral director shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome. The local health officer shall then refer the case to the coroner for investigation and certification.

      5.  The coroner or the coroner’s deputy may certify the cause of death in any case which is referred to the coroner by the local health officer or pursuant to a local ordinance.

      Sec. 9. NRS 440.620 is hereby amended to read as follows:

      440.620  The acceptance for filing of any certificate by the State Registrar more than [4 years] 1 year after the time prescribed for its filing shall be subject to regulations in which the Board shall prescribe in detail the proofs to be submitted by any applicant for delayed filing of a certificate.

      Sec. 10. NRS 440.630 is hereby amended to read as follows:

      440.630  1.  Certificates accepted subsequent to [4 years] 1 year after the time prescribed for filing and certificates which have been altered after being filed with the State Registrar shall contain the date of the delayed filing and the date of the alteration and be marked distinctly “Delayed” or “Altered.”

      2.  After a certificate has been accepted for delayed filing or after the Board has permitted an alteration of a certificate on file, the alteration shall be noted by the State Registrar on the reverse side of the certificate, together with a summary statement of the evidence submitted in support of the alteration.

      3.  All the evidence affecting the alteration of a certificate, after it has been filed with the State Registrar, shall be kept in a special permanent file.

________

CHAPTER 43, SB 61

Senate Bill No. 61–Committee on Health and Human Services

 

CHAPTER 43

 

[Approved: May 21, 2013]

 

AN ACT relating to public welfare; revising provisions relating to the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities within the Nevada Commission on Services for Persons with Disabilities. The Subcommittee is authorized to: (1) make recommendations to the Commission concerning programs for persons with communications disabilities; (2) recommend to the Commission proposed legislation concerning persons with communications disabilities; and (3) collect information concerning persons with communications disabilities. The Subcommittee consists of 11 members (8 voting, 3 nonvoting) who represent various interests related to communications disabilities. (NRS 427A.750)

 


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ê2013 Statutes of Nevada, Page 150 (Chapter 43, SB 61)ê

 

      Section 1 of this bill removes five positions from the Subcommittee (including all three nonvoting members), changes the criteria for three positions, adds two positions reserved for a user of telecommunications relay services or the services of persons engaged in the practice of interpreting or the practice of realtime captioning and adds one position reserved for a parent of a child who is deaf, hard of hearing or speech-impaired. Section 1 also allows the Subcommittee to create and annually review a strategic plan and to provide certain advice to the Aging and Disability Services Division of the Department of Health and Human Services and to the Department of Education.

      Section 2 of this bill provides that the terms of the Subcommittee members whose positions are being removed end on the effective date of this bill and that the new members must be appointed in a manner consistent with the staggered terms currently served by the Subcommittee members.

 

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 427A.750 is hereby amended to read as follows:

      427A.750  1.  The Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities is hereby created. The Subcommittee consists of [11] nine members appointed by the Administrator. The Administrator shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the Subcommittee:

      (a) One member who is employed by the Division and who participates in the administration of the program of this State that provides services to persons with communications disabilities which affect their ability to communicate;

      (b) One member who is a member of the Nevada Association of the Deaf [;] , or, if it ceases to exist, one member who represents an organization which has a membership of persons who are deaf, hard of hearing or speech-impaired;

      (c) One member who [is professionally qualified in the field of deafness;] has experience with or an interest in and knowledge of the problems of and services for the deaf, hard of hearing or speech-impaired;

      (d) The Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, a member who represents the telecommunications industry;

      (e) [One member] Three members who [is a consumer] are users of telecommunications relay services [;] or the services of persons engaged in the practice of interpreting or the practice of realtime captioning;

      (f) [One member who is a consumer of Communication Access Realtime Translation or realtime captioning;

      (g) One member who is a consumer of services provided by a person engaged in the practice of interpreting;

      (h) One nonvoting member who is registered with the Division pursuant to NRS 656A.100 to engage in the practice of interpreting in a community setting and holds a certificate issued by the Registry of Interpreters for the Deaf, Inc., or its successor organization;

      (i) One nonvoting member who is registered with the Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting and has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization, and received a rating of his or her level of proficiency in providing interpreting services at level 4 or 5;

 


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setting and has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization, and received a rating of his or her level of proficiency in providing interpreting services at level 4 or 5;

      (j) One nonvoting member who is registered with the Division pursuant to NRS 656A.400 to engage in the practice of realtime captioning; and

      (k)]One member who is a parent of a child who is deaf, hard of hearing or speech-impaired; and

      (g) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons with communications disabilities in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

      3.  If a vacancy occurs during the term of a member, the Administrator shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      4.  The Subcommittee shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its [voting] members; and

      (b) Meet at the call of the Administrator, the Chair of the Nevada Commission on Services for Persons with Disabilities, the Chair of the Subcommittee or a majority of its members as is necessary to carry out its responsibilities.

      5.  A majority of the [voting] members of the Subcommittee constitutes a quorum for the transaction of business, and a majority of the [voting] members of a quorum present at any meeting is sufficient for any official action taken by the Subcommittee.

      6.  Members of the Subcommittee serve without compensation, except that each member is entitled, while engaged in the business of the Subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      7.  A member of the Subcommittee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Subcommittee and perform any work necessary to carry out the duties of the Subcommittee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Subcommittee to make up the time he or she is absent from work to carry out his or her duties as a member of the Subcommittee or use annual vacation or compensatory time for the absence.

      8.  The Subcommittee may:

      (a) Make recommendations to the Nevada Commission on Services for Persons with Disabilities concerning the establishment and operation of programs for persons with communications disabilities which affect their ability to communicate . [;]

 

 


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      (b) Recommend to the Nevada Commission on Services for Persons with Disabilities any proposed legislation concerning persons with communications disabilities which affect their ability to communicate . [; and]

      (c) Collect information concerning persons with communications disabilities which affect their ability to communicate.

      (d) Create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division. In creating and reviewing any such plan, the Subcommittee must solicit input from various persons, including, without limitation, persons with communications disabilities.

      (e) Review the goals, programs and services of the Division for persons with communications disabilities and advise the Division regarding such goals, programs and services, including, without limitation, the outcomes of services provided to persons with communications disabilities and the requirements imposed on providers.

      (f) Based on information collected by the Department of Education, advise the Department of Education on research and methods to ensure the availability of language and communication services for children who are deaf, hard of hearing or speech-impaired.

      9.  The Subcommittee shall make recommendations to the Nevada Commission on Services for Persons with Disabilities concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

      10.  As used in this section:

      (a) “Nevada Commission on Services for Persons with Disabilities” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

      (b) “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

      (c) “Practice of realtime captioning” has the meaning ascribed to it in NRS 656A.062.

      (d) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

      Sec. 2.  1.  The terms of the current members of the Subcommittee appointed pursuant to paragraphs (c) and (e) to (j), inclusive, of subsection 1 of NRS 427A.750, as that section existed before the effective date of this act, expire on the effective date of this act.

      2.  As soon as practicable after the effective date of this act, the Administrator shall appoint to the Subcommittee the new members required by paragraphs (c), (e) and (f) of subsection 1 of NRS 427A.750, as amended by section 1 of this act. A member may be reappointed pursuant to this subsection if the member meets the applicable criteria of subsection 1 of NRS 427A.750, as amended by section 1 of this act.

      3.  In making the appointments described in subsection 2, the Administrator must, insofar as is possible, appoint the new members to initial terms which are of such durations that the terms are consistent with the manner in which the terms of the other members of the Subcommittee are staggered.

 

 


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      4.  As used in this section:

      (a) “Administrator” has the meaning ascribed to it in NRS 427A.021.

      (b) “Subcommittee” means the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 44, SB 81

Senate Bill No. 81–Committee on Health and Human Services

 

CHAPTER 44

 

[Approved: May 21, 2013]

 

AN ACT relating to cancer; allowing certain licensed physicians to dispense cancer drugs donated for use in the Cancer Drug Donation Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, only a registered pharmacist may dispense a cancer drug donated for use in the Cancer Drug Donation Program. (NRS 457.460) This bill allows a registered pharmacist or certain licensed physicians to dispense a cancer drug donated for use in the Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 457.460 is hereby amended to read as follows:

      457.460  A cancer drug donated for use in the Program may only be dispensed:

      1.  By a pharmacist who is registered pursuant to chapter 639 of NRS [;] or by a physician who is licensed pursuant to chapter 630 or 633 of NRS;

      2.  Pursuant to a prescription written by a person who is authorized to write prescriptions; and

      3.  To a person who is eligible to receive cancer drugs dispensed pursuant to the Program.

________

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 154ê

 

CHAPTER 45, SB 86

Senate Bill No. 86–Committee on Health and Human Services

 

CHAPTER 45

 

[Approved: May 21, 2013]

 

AN ACT relating to public health; requiring the Department of Health and Human Services to allocate money for certain programs relating to persons with Alzheimer’s disease and other related dementia; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to allocate money to fund programs that assist senior citizens to live independently, including a program that provides respite care or relief of informal caretakers. (NRS 439.630) This bill expands that program to include respite care or relief for informal caretakers of any person with Alzheimer’s disease or other related dementia regardless of the age of the person.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Department shall:

      (a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (4) Offer other general or specific information on health care in this State.

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Legislative Committee on Health Care on an annual basis.

      (c) Subject to legislative authorization, allocate money for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive.

 


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vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.

      (d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of informal caretakers [;] , including, without limitation, informal caretakers of any person with Alzheimer’s disease or other related dementia regardless of the age of the person;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging and Disability Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.

      (e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to:

             (1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147; and

             (2) Fund assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147 and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.2708.

Ê The Director shall develop policies and procedures for distributing the money allocated pursuant to this paragraph. Money allocated pursuant to this paragraph does not revert to the Fund at the end of the fiscal year.

      (f) Subject to legislative authorization, allocate to the Health Division money for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. In making allocations pursuant to this paragraph, the Health Division shall allocate the money, by contract or grant:

             (1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;

             (2) For such programs in counties whose population is less than 100,000; and

             (3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Health Division and the district boards of health.

 


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      (g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.

      (h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:

             (1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;

             (2) Programs that provide positive behavioral supports to persons with disabilities; and

             (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

      (i) Subject to legislative authorization, allocate money for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795, inclusive.

      (j) Maximize expenditures through local, federal and private matching contributions.

      (k) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.

      (l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      (m) To make the allocations required by paragraphs (f), (g) and (h):

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept applications for allocations;

             (3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;

             (4) Conduct annual evaluations of programs to which allocations have been awarded; and

             (5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      (n) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      (o) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g), (h) and (i).

 


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allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g), (h) and (i). The plan must be submitted as part of the proposed budget submitted to the Chief of the Budget Division of the Department of Administration pursuant to NRS 353.210.

      (p) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Department of Administration pursuant to paragraph (o).

      2.  The Department may take such other actions as are necessary to carry out its duties.

      3.  To make the allocations required by paragraph (d) of subsection 1, the Aging and Disability Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens and other specified persons for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens and other specified persons upon approval of the Interim Finance Committee;

      (d) Award grants, contracts or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      4.  The Aging and Disability Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

      5.  A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.

 


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      6.  On or before June 30 of each even-numbered year, the Grants Management Advisory Committee, the Nevada Commission on Aging and the Nevada Commission on Services for Persons with Disabilities each shall submit to the Director a report that includes, without limitation, recommendations regarding community needs and priorities that are determined by each such entity after any public hearings held by the entity.

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

________

CHAPTER 46, SB 7

Senate Bill No. 7–Committee on Revenue and Economic Development

 

CHAPTER 46

 

[Approved: May 22, 2013]

 

AN ACT relating to taxation; requiring the Executive Director of the Department of Taxation to publish and periodically revise technical bulletins setting forth information relating to the taxes administered by the Department and certain written opinions received from the Attorney General; exempting such technical bulletins from the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Department of Taxation and authorizes the Department to exercise general supervision and control over the revenue system of this State. The Executive Director of the Department is its Chief Administrative Officer. (NRS 360.120, 360.200) Existing law also requires the Attorney General, when requested by the head of any state department, agency, board or commission, to give his or her written opinion on any question of law relating to the respective office, department, agency, board or commission. (NRS 228.150) Section 1 of this bill requires the Executive Director to prepare, publish and periodically revise technical bulletins to educate the public on: (1) issues relating to businesses and taxes administered by the Department; and (2) written opinions that the Executive Director receives from the Attorney General. Section 2 of this bill exempts such technical bulletins from the provisions of the Nevada Administrative Procedure Act governing administrative regulations so that the technical bulletins can be approved and posted without being drafted, reviewed and adopted in the manner required for administrative regulations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The Executive Director shall prepare or cause to be prepared technical bulletins to educate the public on:

      (a) Issues related to their businesses and the taxes administered by the Department; and

      (b) Written opinions that the Executive Director receives from the Attorney General pursuant to NRS 228.150.

 


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      2.  The technical bulletins must be written in simple nontechnical language and may include:

      (a) Information and guidance concerning specific issues or topics;

      (b) Examples for clarification purposes; and

      (c) Any other information determined by the Executive Director or Nevada Tax Commission to be beneficial to the public.

      3.  A technical bulletin must not include advice on a specific fact situation but may include information that is applicable to a specific industry or type of business.

      4.  The technical bulletins must be published and revised as needed. Each bulletin and revised bulletin must be published and posted on an Internet website maintained by the Department and made available upon request at the offices of the Department.

      5.  Any technical bulletin published or revised pursuant to this section is intended for informational purposes only.

      6.  The Executive Director shall submit each proposed technical bulletin and any revisions to a bulletin to the Nevada Tax Commission for approval before publishing the bulletin or revised bulletin.

      Sec. 2. NRS 233B.038 is hereby amended to read as follows:

      233B.038  1.  “Regulation” means:

      (a) An agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency;

      (b) A proposed regulation;

      (c) The amendment or repeal of a prior regulation; and

      (d) The general application by an agency of a written policy, interpretation, process or procedure to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.

      2.  The term does not include:

      (a) A statement concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

      (b) A declaratory ruling;

      (c) An intraagency memorandum;

      (d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with a federal or state statute or regulation;

      (e) An agency decision or finding in a contested case;

      (f) An advisory opinion issued by an agency that is not of general applicability;

      (g) A published opinion of the Attorney General;

      (h) An interpretation of an agency that has statutory authority to issue interpretations;

      (i) Letters of approval, concurrence or disapproval issued in relation to a permit for a specific project or activity;

      (j) A contract or agreement into which an agency has entered;

      (k) The provisions of a federal law, regulation or guideline;

      (l) An emergency action taken by an agency that is necessary to protect public health and safety;

 


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      (m) The application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest;

      (n) A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs, signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484A.430; [or]

      (o) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the Board of Wildlife Commissioners pursuant to the provisions of title 45 of NRS [.] ; or

      (p) A technical bulletin prepared pursuant to section 1 of this act.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 47, SB 8

Senate Bill No. 8–Committee on Revenue and Economic Development

 

CHAPTER 47

 

[Approved: May 22, 2013]

 

AN ACT relating to the taxation of tobacco; clarifying the wholesale price upon which the tax on certain products made from tobacco, other than cigarettes, is calculated; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law imposes a tax on the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this State at the rate of 30 percent of the wholesale price of those products. The wholesale dealer is required to collect the tax and pay it to the Department of Taxation. (NRS 370.450) If the wholesale dealer is not the manufacturer of those products, the “wholesale price” is defined as the established price for which the manufacturer sells the products to the wholesale dealer before any discount or other reduction is made. (NRS 370.440) This definition is based on the traditional practice pursuant to which manufacturers would sell those products directly to the wholesale dealers required to pay the tax. Recently, some manufacturers have begun to sell those products to their affiliated intermediaries for subsequent resale to the wholesale dealers required to pay the tax. This bill clarifies that the “wholesale price” is the established price for which those products are sold to the wholesale dealer, before any discount or other reduction is made, irrespective of whether the wholesale dealer purchases the products from the manufacturer or any other person.

 

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 370.440 is hereby amended to read as follows:

      370.440  As used in NRS 370.440 to 370.503, inclusive, unless the context otherwise requires:

      1.  “Retail dealer” means any person who is engaged in selling products made from tobacco, other than cigarettes, to customers.

 


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ê2013 Statutes of Nevada, Page 161 (Chapter 47, SB 8)ê

 

      2.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.

      3.  “Ultimate consumer” means a person who purchases a product made from tobacco, other than cigarettes, for his or her household or personal use and not for resale.

      4.  “Wholesale dealer” means any person who:

      (a) Brings or causes to be brought into this State products made from tobacco, other than cigarettes, purchased from the manufacturer or a wholesale dealer and who stores, sells or otherwise disposes of those products within this State;

      (b) Manufactures or produces products made from tobacco, other than cigarettes, within this State and who sells or distributes those products within this State to other wholesale dealers, retail dealers or ultimate consumers; or

      (c) Purchases products made from tobacco, other than cigarettes, solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only.

      5.  “Wholesale price” means:

      (a) Except as otherwise provided in paragraph (b), the established price for which a [manufacturer sells a] product made from tobacco, other than cigarettes, is sold to a wholesale dealer before any discount or other reduction is made.

      (b) For a product made from tobacco, other than cigarettes, sold to a retail dealer or an ultimate consumer by a wholesale dealer described in paragraph (b) of subsection 4, the established price for which the product is sold to the retail dealer or ultimate consumer before any discount or other reduction is made.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 48, SB 11

Senate Bill No. 11–Committee on Natural Resources

 

CHAPTER 48

 

[Approved: May 22, 2013]

 

AN ACT relating to wildlife; making it unlawful to possess in Nevada any wildlife that was acquired, hunted, taken or transported in violation of a law or regulation of another state or country; providing criminal and civil penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill makes it unlawful for a person to possess in Nevada any wildlife, as that term is defined by the country or state of origin of the wildlife, that was acquired, hunted, taken or transported in violation of a law or regulation of that country or state. A person who violates this new prohibition: (1) is guilty of a misdemeanor punishable by a fine of not less than $50 or more than $500, or by imprisonment in the county jail for not more than 6 months, or by both; (2) may be required to pay a civil penalty, the amount of which is based upon the type of wildlife involved; and (3) may be required to surrender all licenses issued to the person under title 45 of NRS. (NRS 501.385, 501.3855, 501.387)

 


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ê2013 Statutes of Nevada, Page 162 (Chapter 48, SB 11)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 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is unlawful for any person to possess in Nevada any wildlife that was acquired, hunted, taken or transported from another state or country in violation of any law or regulation of that state or country.

      2.  As used in this section, “wildlife” has the meaning ascribed to the term in the applicable law or regulation of the state or country of its origin.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 49, SB 17

Senate Bill No. 17–Committee on Judiciary

 

CHAPTER 49

 

[Approved: May 22, 2013]

 

AN ACT relating to gaming; revising the deadlines by which certain gaming licensees are required to file certain financial reports and pay certain fees; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, certain gaming licensees are required to: (1) file certain reports with the State Gaming Control Board; and (2) file certain reports with and pay license fees to the Nevada Gaming Commission. (NRS 368A.220, 463.369, 463.370) This bill revises the deadlines for filing those reports and paying those fees from the 24th to the 15th day of each month.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.369 is hereby amended to read as follows:

      463.369  1.  Whenever a nonrestricted licensee owes a patron a specific amount of money as the result of a slot machine wagering voucher which remains unpaid because of the failure of the patron to claim the value, regardless of whether the identity of the patron is known, the nonrestricted licensee shall maintain a record of the obligation in accordance with the regulations adopted by the Commission.

      2.  Unless the Commission specifies by regulation a shorter period in which a slot machine wagering voucher must be redeemed, upon the expiration date printed on a slot machine wagering voucher issued in this State or 180 days after a wager is placed, whichever period is less, the obligation of the nonrestricted licensee to pay the patron any value remaining on a slot machine wagering voucher expires.

      3.  Each nonrestricted licensee shall, for the previous calendar quarter, report to the Commission on or before the [24th] 15th day of the month following that calendar quarter any slot machine wagering voucher that expires pursuant to this section.

 


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ê2013 Statutes of Nevada, Page 163 (Chapter 49, SB 17)ê

 

following that calendar quarter any slot machine wagering voucher that expires pursuant to this section. The licensee shall remit to the Commission with each report payment equal to 75 percent of the value of the expired slot machine wagering vouchers included on the report.

      4.  The Commission shall pay over all money collected pursuant to this section to the State Treasurer to be deposited for credit to the State General Fund.

      5.  The Commission shall adopt regulations prescribing procedures which nonrestricted licensees must follow to comply with the provisions of this section.

      6.  As used in this section, “slot machine wagering voucher” means a printed wagering instrument, issued by a gaming establishment operating under a nonrestricted license, that has a fixed dollar wagering value which can only be used to acquire an equivalent value of cashable credits or cash.

      Sec. 2.  NRS 463.370 is hereby amended to read as follows:

      463.370  1.  Except as otherwise provided in NRS 463.373, the Commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

      (a) Three and one-half percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

      (b) Four and one-half percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

      (c) Six and three-quarters percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

      2.  Unless the licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the [24th] 15th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.

      3.  When a licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the [24th] 15th day of the following calendar month of operation. After the first full calendar month of operation, the Commission shall charge and collect the fee based on the gross revenue received during that month, on or before the [24th] 15th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the Commission on July 1, 1969, must be treated as an advance estimated payment.

      4.  All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the [24th] 15th day of each calendar month.

 


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ê2013 Statutes of Nevada, Page 164 (Chapter 49, SB 17)ê

 

share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the [24th] 15th day of each calendar month. The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

      5.  An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.

      6.  Any person required to pay a fee pursuant to this section shall file with the Commission, on or before the [24th] 15th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

      (a) The fee due based on the revenue of the month covered by the report; and

      (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

      7.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the Commission shall:

      (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or

      (b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.

Ê Interest pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following the due date of the additional license fees until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.

      8.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.

      9.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.

      10.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the Commission shall:

 


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ê2013 Statutes of Nevada, Page 165 (Chapter 49, SB 17)ê

 

      (a) Charge and collect the additional license fees determined to be due with interest computed pursuant to paragraph (a) of subsection 7; or

      (b) Refund any overpayment to the licensee with interest computed pursuant to paragraph (b) of subsection 7,

Ê based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

      11.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

      12.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.

      Sec. 3.  NRS 368A.220 is hereby amended to read as follows:

      368A.220  1.  Except as otherwise provided in this section:

      (a) Each taxpayer who is a licensed gaming establishment shall file with the Board, on or before the [24th] 15th day of each month, a report showing the amount of all taxable receipts for the preceding month or the month in which the taxable events occurred. The report must be in a form prescribed by the Board.

      (b) All other taxpayers shall file with the Department, on or before the last day of each month, a report showing the amount of all taxable receipts for the preceding month. The report must be in a form prescribed by the Department.

      2.  The Board or the Department, if it deems it necessary to ensure payment to or facilitate the collection by the State of the tax imposed by NRS 368A.200, may require reports to be filed not later than 10 days after the end of each calendar quarter.

      3.  Each report required to be filed by this section must be accompanied by the amount of the tax that is due for the period covered by the report.

      4.  The Board and the Department shall deposit all taxes, interest and penalties it receives pursuant to this chapter in the State Treasury for credit to the State General Fund.

      Sec. 4.  This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2013, for all other purposes.

________

 

 

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 166ê

 

CHAPTER 50, SB 24

Senate Bill No. 24–Committee on Government Affairs

 

CHAPTER 50

 

[Approved: May 22, 2013]

 

AN ACT relating to procedure in criminal cases; authorizing the Attorney General to establish a program to assist law enforcement personnel and prosecuting attorneys in complying with certain requirements of the Vienna Convention on Consular Relations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Nevada Supreme Court has succinctly described the Vienna Convention on Consular Relations as follows:

 

The Vienna Convention is a multilateral treaty negotiated in 1963 to which both Mexico and the United States are parties. See Vienna Convention, April 24, 1963, 21 U.S.T. 77. Upon ratification in 1969, the treaty became the supreme law of the land under Article 6, Clause 2 of the United States Constitution. See U.S. Const. art. VI, cl. 2. Article 36 of the treaty provides that a foreign national who is “arrested or committed to prison or to custody pending trial or is detained in any other manner” has the right to have his foreign consulate notified and to communicate therewith. Vienna Convention, 21 U.S.T. at 101. Importantly, Article 36 also requires that the arresting authorities “shall inform the person concerned without delay of [these] rights.”

 

Garcia v. State, 117 Nev. 124, 127 (2001). This bill authorizes the Attorney General to establish a program to assist law enforcement personnel and prosecuting attorneys in complying with the requirements of Article 36 of the Vienna Convention on Consular Relations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The Attorney General may establish a program to assist law enforcement personnel and prosecuting attorneys in complying with the requirements of Article 36 of the Vienna Convention on Consular Relations, April 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261.

      2.  The Attorney General may adopt such regulations as necessary to carry out the provisions of subsection 1.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

 

 

 

 


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ê2013 Statutes of Nevada, Page 167ê

 

CHAPTER 51, SB 26

Senate Bill No. 26–Committee on Government Affairs

 

CHAPTER 51

 

[Approved: May 22, 2013]

 

AN ACT relating to the Office of the Attorney General; creating a statewide automated victim information and notification system within the Office; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill creates a statewide automated victim information and notification system known as the Victim Information Notification Everyday System. The System consists of a toll-free telephone number and an Internet website through which a victim of a crime or a member of the public may register to receive certain information concerning the transfer of the custody of an offender or the release or escape from custody of an offender sentenced to a term of imprisonment in a county jail or the state prison. Under this bill, the System is overseen by a subcommittee of the Nevada Council for the Prevention of Domestic Violence which is appointed by the Attorney General after considering nominations by the Council.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  There is hereby created in the Office of the Attorney General the Victim Information Notification Everyday System, which consists of a toll-free telephone number and an Internet website through which victims of crime and members of the public may register to receive automated information and notification concerning changes in the custody status of an offender.

      2.  The Attorney General shall:

      (a) Appoint a subcommittee of the Nevada Council for the Prevention of Domestic Violence created by NRS 228.480 to serve as the Governance Committee for the System; and

      (b) Consider nominations by the Council when appointing members of the Governance Committee.

      3.  The Governance Committee may adopt policies, protocols and regulations for the operation and oversight of the system.

      4.  The Attorney General may apply for and accept gifts, grants and donations for use in carrying out the provisions of this section.

      5.  To the extent of available funding, each sheriff and chief of police, the Department of Corrections, the Department of Public Safety and the State Board of Parole Commissioners shall cooperate with the Attorney General to establish and maintain the System.

      6.  The failure of the System to notify a victim of a crime of a change in the custody status of an offender does not establish a basis for any cause of action by the victim or any other party against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions.

 


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ê2013 Statutes of Nevada, Page 168 (Chapter 51, SB 26)ê

 

      7.  As used in this section:

      (a) “Custody status” means the transfer of the custody of an offender or the release or escape from custody of an offender.

      (b) “Offender” means a person convicted of a crime and sentenced to imprisonment in a county jail or in the state prison.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 52, SB 28

Senate Bill No. 28–Committee on Judiciary

 

CHAPTER 52

 

[Approved: May 22, 2013]

 

AN ACT relating to securities; designating certain uses of a certification or professional designation as unethical or dishonest practices in the securities business; requiring the filing of certain forms when a sales representative terminates association with a broker-dealer; revising activities for which the Administrator of the Securities Division of the Office of the Secretary of State may deny a license or impose certain limitations or disciplinary actions upon a licensee; revising certain registration and filing requirements for certain securities; increasing the penalty for the putting off, circulation or publication of any false or misleading writing, statement or intelligence regarding a security that is publicly traded; prohibiting certain activities in an investigation, proceeding or prosecution; amending provisions governing the subpoena power of the Administrator; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that a person engages in unethical or dishonest practices in the securities business if the person uses a certification or professional designation in certain specified ways.

      Existing law requires a person licensed as a sales representative or the broker-dealer on whose behalf the sales representative is acting to promptly notify the Administrator of the Securities Division of the Office of the Secretary of State when the sales representative terminates association with the broker-dealer. (NRS 90.380) Section 2 of this bill specifies that the sales representative or the broker-dealer must promptly file with the Administrator a Uniform Termination Notice for Securities Industry Registration (Form U-5).

      Existing law authorizes the Administrator to deny a license or impose certain limitations or disciplinary actions upon a licensee if, within the preceding 10 years, the applicant or licensee has been convicted of certain felonies or misdemeanors. (NRS 90.420) Section 3 of this bill includes among the specified felonies and misdemeanors crimes which involve moral turpitude. Section 3 also authorizes the Administrator to take the described actions if the applicant or licensee: (1) has been convicted of the specified felonies at any point in time or the specified misdemeanors within the preceding 10 years; or (2) is or has been the subject of certain orders prohibiting the person from serving in certain capacities.

      Existing law makes the putting off, circulation or publication of any false or misleading writing, statement or intelligence regarding a security that is publicly traded a gross misdemeanor. (NRS 205.440) Sections 5 and 9 of this bill make such conduct a category B felony instead.

 


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ê2013 Statutes of Nevada, Page 169 (Chapter 52, SB 28)ê

 

      Existing law prohibits certain activities in an investigation, proceeding or prosecution with respect to a violation of any securities laws, regulations or orders issued thereunder. (NRS 90.605) Section 6 of this bill prohibits the willful making of a materially false or fictitious statement or representation with the intent to cause certain concealments, delays or hindrances impeding the investigation, proceeding or prosecution.

      Existing law authorizes the Administrator to issue and apply to enforce a subpoena in this State at the request of a securities agency or administrator of another state. (NRS 90.620) Section 7 of this bill expands the subpoena power of the Administrator to respond to requests from another state, jurisdiction, Canadian province or territory, the Commodity Futures Trading Commission or by the Securities and Exchange Commission or a comparable regulatory agency of another country.

 

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

      1.  A person engages in unethical or dishonest practices in the securities business if, without limitation, the person uses a certification or professional designation that:

      (a) Indicates or implies that the person has special certification or training in advising or providing services to older persons or retirees in connection with the offer, sale or purchase of securities or in the provision of advice as to the value of or advisability of investing in, purchasing or selling securities, either directly or indirectly, through publications or writings or by issuing or publishing analyses or reports related to securities if the person does not have such special certification or training;

      (b) The person has not earned or is otherwise ineligible to use;

      (c) Is nonexistent;

      (d) The person conferred upon himself or herself;

      (e) Indicates or implies a level of occupational qualifications obtained through education, training or experience that the person using the certification or professional designation has not obtained; or

      (f) Was obtained from a certifying or designating organization that, except as otherwise provided in subsection 2:

             (1) Is primarily engaged in the business of instruction in sales or marketing;

             (2) Does not have reasonable standards or procedures for assuring the competency of its certificate holders or designees;

             (3) Does not have reasonable standards or procedures for monitoring and disciplining its certificate holders or designees for conduct that is improper or unethical; or

             (4) Does not have reasonable requirements for continuing education for its certificate holders or designees in order to maintain the certificate or designation.

      2.  There is a rebuttable presumption that paragraph (f) of subsection 1 does not include a certification or professional designation that:

      (a) Does not primarily apply to sales or marketing; and

      (b) Was conferred by a certifying or designating organization that has been accredited by:

 


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ê2013 Statutes of Nevada, Page 170 (Chapter 52, SB 28)ê

 

             (1) The American National Standards Institute;

             (2) The National Commission for Certifying Agencies; or

             (3) An organization that is on the list provided by the United States Department of Education entitled “Accrediting Agencies Recognized for Title IV Purposes.”

      3.  In determining whether a combination of words or an acronym standing for a combination of words constitutes a certification or professional designation indicating or implying that a person has special certification or training in advising or providing services to older persons or retirees, factors to be considered must include, without limitation:

      (a) The use of one or more words such as “elder,” “retirement,” “senior” or similar words combined with one or more words such as “chartered,” “certified,” “registered,” “adviser,” “consultant,” “planner,” or “specialist” or similar words in the name of the certification or professional designation; and

      (b) The manner in which those words are combined.

      4.  For the purposes of this section, a title of a job within an organization that is licensed or registered by a financial services regulatory agency of this State, any other state or the Federal Government is not a certification or professional designation if the title is not used in a manner that would confuse or mislead a reasonable consumer and the title:

      (a) Indicates seniority or standing within the organization; or

      (b) Specifies a person’s area of specialization within the organization.

      5.  As used in this section:

      (a) “Financial services regulatory agency” includes, without limitation, an agency that regulates broker-dealers, investment advisers or investment companies as defined in the Investment Company Act of 1940, 15 U.S.C. § 80a-3.

      (b) “Older person” has the meaning ascribed to it in NRS 200.5092.

      Sec. 2. NRS 90.380 is hereby amended to read as follows:

      90.380  1.  Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 and 90.375 have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The Administrator may authorize an earlier effective date of licensing.

      2.  The license of a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent is effective until terminated by revocation, suspension, expiration or withdrawal.

      3.  The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.

      4.  A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the Administrator by regulation or order authorizes multiple licenses.

      5.  If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly [notify] file with the Administrator [.]

 


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ê2013 Statutes of Nevada, Page 171 (Chapter 52, SB 28)ê

 

representative was acting shall promptly [notify] file with the Administrator [.] a Uniform Termination Notice for Securities Industry Registration (Form U-5).

      6.  The Administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.

      7.  The license of a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent expires if:

      (a) The statement required pursuant to NRS 90.375 is not submitted when it is due; or

      (b) Any annual fee required by NRS 90.360 is not paid when it is due.

      8.  A license that has expired may be reinstated retroactively if the licensed person:

      (a) Submits the statement required pursuant to NRS 90.375; and

      (b) Pays any fee required by NRS 90.360, plus a fee for reinstatement in the amount of $50,

Ê within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if the licensed person desires to be relicensed.

      Sec. 3. NRS 90.420 is hereby amended to read as follows:

      90.420  1.  The Administrator by order may deny, suspend or revoke any license, fine any licensed person, limit the activities governed by this chapter that an applicant or licensed person may perform in this State, bar an applicant or licensed person from association with a licensed broker-dealer or investment adviser or bar from employment with a licensed broker-dealer or investment adviser a person who is a partner, officer, director, sales representative, investment adviser or representative of an investment adviser, or a person occupying a similar status or performing a similar function for an applicant or licensed person, if the Administrator finds that the order is in the public interest and that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director, sales representative, investment adviser, representative of an investment adviser, or person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser, or any transfer agent or any person directly or indirectly controlling the transfer agent:

      (a) Has filed an application for licensing with the Administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;

      (b) Has violated or failed to comply with a provision of this chapter as now or formerly in effect or a regulation or order adopted or issued under this chapter;

      (c) Is the subject of an adjudication or determination after notice and opportunity for hearing, within the last 5 years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act or the securities law of any other state, but only if the acts constituting the violation of that state’s law would constitute a violation of this chapter had the acts taken place in this State;

 


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ê2013 Statutes of Nevada, Page 172